Draft Laws on State registration and Property rights registration

• 2017-03-27
• 215

Dear recipient,

The purpose of this legal update is to inform you on key changes observed in a) the Draft revised law on the state registration and b) the Draft revised law on the registration of property rights. It is also aimed to facilitate your review of the Draft laws and hear your feedback.

1/Draft revised law on the state registration 

• By revising the Law on the state registration the government seeks to improve the legal environment for the state registration in view of international standards.
• The government aims to keep a balance between transparency of information in the state registration and personal secrecy, and ensure transparency of information on legal entities and property rights.
• The government views that classification of information in the state registration is required to have market participants informed, and ensure property market growth. The government views that the information other than those prohibited and restricted by law should be open.
• The draft revised law, in addition, seeks to improve electronic access to the information in the state registration and the use of electronic personal information.

The key amendments observed are outlined below:

Clause No	Amendments
9	Pledge (batlan dealt) and finance lease have been added to the list of property rights to be registered.
16.12	Information and a response to an inquiry may be provided in an electronic form.
16.13	A shared database will be created at the National data center to enable an exchange of information between the state registration of property rights and the cadastral database.
18.3	Rules for the receipt and incorporation of information in the electronic database will be issued by the Head of the state registration department.
19.2	Open information: -name and address database -name, address, registration number, form, operational activities, founders, contributed capital, re-organization, and dissolution of a legal entity. -name/surname of a person who represents a legal entity without a proxy.
19.3	Closed information: –fingerprint -immovable property registration protected as a government secrecy by a law
19.5	An officer of legal, and other government bodies specifically empowered by law will submit a formal  request to obtain: -information on registration, address, phone number, and contributed capital of founders, shareholders, and person/s representing a legal entity without a proxy. -information on name, registration, type of property rights, registration, state, registration number, and special notes relating to a property owner.
19.6	Summary information on the open and closed information may be obtained subject to a permission by an Intelligence body and an agreement signed with the state registration body.

2/ Draft revised law on the registration of property rights

• The government aims to integrate the state registration of land rights and immovable property rights.
• It seeks to utilize professionals employed in the immovable property sector in provision of services such as “application submissions and giving responses to inquiries”.
• The government aims to ensure transparency of the state registration to the extent that the Law on personal secrecy and the Law on organizational secrecy permit.
• More detailed provisions have been prescribed for the first time registration of property rights, rights transfer, and changes made in the state registration.
• The government views that information transparency will transpire asset flows, decrease property price surge, and promote property market growth.

The key amendments observed are outlined below:

Clause No	Amendments
4.4	A residential house/apartment and a separately owned immovable property under common ownership will be registered based on the number of a square land unit underneath and in the vicinity of the house/apartment/immovable property.
7.10	An electronic application for registration of property rights will be approved by an electronic signature.
10.1	The first registration of an ownership right and other related rights of an immovable property will be based on the number of a square land unit and the right/s to the immovable property will be made as ‘one component’ with the right/s to the square land unit.
10.6.8	Registration of an immovable property ownership will require a copy of an agreement under which a future right of ownership arises.
10.11	Ownership of an incompletely executed immovable property will be registered under a common ownership or separately held ownership.
11.4	If an owner, possessor or user of immovable property rights changes by a decision of court/arbitration, the state registration body will notify, in writing, to person/s registered in the state registration and whose interests may be affected.
13.1	An amendment will be made in the state registration if a price, execution status, designation of an immovable property, or the number of a square land unit changes.
14.1	A closure of the state registration will be made by the Head of the state registration authority based a) on a decision of court or arbitration, b) if the state registration overlaps, and c) if an owned immovable property is destroyed.
16.3	A sequence of a mortgage registration will be defined by a sequence of an application registered in the state registration.
16.4	A mortgage registration will include information on the loan amount, and interest and the number of a loan agreement. It will also include information on prohibiting an overlapping right to the mortgage.
20.1	A security instrument (baritsaalbar) certifying the right of a security holder will be registered in the state registration.
25.4 10	An ownership right to a building built on the basis of ‘a right to build the building’ will not lead to a closure of the “right to build the building”.
29.1.1	Registration of an application will be rejected if a property right sought to be registered falls under the right and restriction protected ‘by a special note’.
33.1.1	An information supplier will, having concluded an agreement with the registration body, send applications and relevant documents (upon a request by an applicant) to the state registration information database or will act as a broker to register applications in the state registration.
37	A state registrar will be covered by a liability insurance to be able to compensate for damage/loss incurred due to professional errors.