"Pursuant to Article 2.1 of the Law of the Republic of Azerbaijan 'On the State Registry of Real Estate', the state registration of ownership and other property rights to real estate is a legal act on the recognition and confirmation by the state of the inception, restriction (encumbrance), transfer, and termination of rights to real estate in accordance with the Civil Code of the Republic of Azerbaijan."
Ownership and other property rights, including easement, usufruct, mortgage, trust management, lease, leasing, the right of building inheritance, and other rights, are registered in the state registry of real estate.
It means that the state acts, certificates, and registration certificates issued by the authorities that previously registered the rights of physical persons and legal entities to real estate (for instance, the State Committee for Land and Cartography, the State Committee for Construction and Architecture, etc.) retain their legal force. Thus, in accordance with Article 4.1 of the Law of the Republic of Azerbaijan 'On the State Registry of Real Estate', the state registration of rights to real estate conducted by separate registration authorities prior to July 6, 2006, retains its legal force.
“In accordance with Article 5.1 of the Law of the Republic of Azerbaijan 'On the State Registry of Real Estate', excerpts from the state registry on the description of real estate, state-registered rights, and restrictions (encumbrances) thereof shall be issued to the right holder, a person authorized by them, or persons having the right of inheritance to the property of the right holder by law or by will, based on their written or electronic applications.
At the same time, according to Article 5.1-1 of the said Law, in connection with the performance of powers provided for by law, the data of the state registry of real estate shall be provided to state authorities, municipalities, and other persons (with the exception of notaries in connection with performing a notarial act in respect of real estate and other officials entitled to perform notarial acts in cases established by law) based on reasoned written inquiries. The data of the state registry of real estate shall be provided to municipalities in the manner prescribed by the relevant executive authority and on a payment basis.
Note: The 'relevant executive authority' mentioned in the article refers to the Cabinet of Ministers of the Republic of Azerbaijan.
« Within 1 business day, in accordance with Article 5.3 of the Law of the Republic of Azerbaijan 'On the State Registry of Real Estate'.
Yes, there are. A state fee is prescribed for the issuance of documents related to the state registration of rights to real estate, as well as for the state registration of mortgages. You can familiarize yourself with the cases where a state fee is levied, the applicable amounts and exemptions from the state fee in Articles 26 and 27 of the Law 'On State Fee'. At the same time, it should be noted that along with the state fee, a service charge is also levied for the services provided by the registration authority. Issues related to the service charge are regulated by Decision No. 5 of the Tariff (Price) Council of the Republic of Azerbaijan dated July 31, 2023.
The grounds for the state registration of the creation, transfer, restriction (encumbrance), and termination of rights to real estate are established by Article 8 of the Law 'On the State Registry of Real Estate'.
In accordance with Article 9.2 of the Law of the Republic of Azerbaijan 'On the State Registry of Real Estate', rights to real estate shall be subject to state registration within 10 business days from the date of submission of the application. At the same time, the said article states that the period for the registration of rights to real estate may be extended by the registration authority for up to 5 business days in connection with carrying out demarcation and inventory work necessary for the registration of ownership and other property rights to real estate. The procedure and time limits for the expedited processing of applications related to the registration of rights are regulated by Decree No. 319 of the Cabinet of Ministers of the Republic of Azerbaijan dated October 5, 2015.
In accordance with Article 10.1 of the Law of the Republic of Azerbaijan 'On the State Registry of Real Estate', the application shall indicate the surname, name, patronymic, address, and identity document of the physical person acquiring the right; the full name, address, and registration certificate of the legal entity; the full name and address of the executive authority; the substance of the request, and the attached documents.
Pursuant to Article 2.3 of the Law 'On the State Registry of Real Estate', a registered right to real estate may be contested, and according to Article 2.4, disputes concerning the state registration of rights shall be resolved through judicial proceedings.
The state registration of a mortgage shall be ensured on the basis of a notarized agreement on the mortgage of real estate. Pursuant to Article 20.3 of the Law 'On the State Registry of Real Estate', the registration of a mortgage shall be conducted within 3 business days from the date the application is submitted to the registration authority.
Pursuant to Article 11.1 of the Law 'On the State Registry of Real Estate', documents confirming the existence, acquisition, transfer, restriction (encumbrance), and termination of rights shall comply with the requirements established by law for the state registration of rights. According to Article 11.2 of the said Law, the texts in the submitted documents shall be written clearly, and the names of legal entities and physical persons shall be indicated in full. Documents containing erasures, subsequent additions, deleted words, or other unauthenticated corrections, as well as documents damaged to an extent that precludes an unambiguous understanding of their content, shall not be accepted for the state registration of rights.
In accordance with Article 12.1 of the Law 'On the State Registry of Real Estate', the inception and transfer of rights to real estate shall be formalized by an electronically submitted excerpt from the state registry.
In accordance with Article 19.1 of the Law 'On the State Registry of Real Estate', the lease or usage right to real estate with a term of more than eleven months shall be subject to state registration. An application for the state registration of a lease or usage right may be submitted by one of the parties to the real estate lease (use) agreement. The lease (usage) right to state-owned real estate shall be registered in the state registry based on the application of the relevant executive authority authorized to conclude a lease (use) agreement for state-owned real estate. Pursuant to Article 19.2 of the said Law, when a land plot or a subsoil plot is leased (allocated for use), a plan of the land plot and the subsoil plot shall be attached to the agreement submitted for registration. In accordance with Article 19.3 of the Law, when a right under an agreement on the lease of a building, structure, house, or apartments and rooms located within a building or a house is submitted for state registration, a plan of the leased areas specifying their location and dimensions shall be presented.
According to Article 48.3 of the Land Code of the Republic of Azerbaijan, foreigners and stateless persons, foreign legal entities, international associations and organizations, as well as foreign states may acquire land plots in the Republic of Azerbaijan only on a lease basis. However, in three cases, foreign legal entities and physical persons may acquire the right of ownership over a land plot in Azerbaijan, but they must alienate the said right within a period of one year. This provision is reflected in Article 49.4 of the Land Code. Thus, in accordance with the article in question, the right of ownership over land plots transferred to foreign legal entities and physical persons as a result of inheritance, gift, and mortgage transactions shall be alienated within one year in accordance with the legislation of the Republic of Azerbaijan. If foreign legal entities and natural persons fail to alienate their right of ownership over the land plot in accordance with the legislation, the relevant executive authority or municipality shall compulsorily purchase the land plot in the manner prescribed by this Code.
