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LAW OF THE REPUBLIC OF TAJIKISTAN

of March 20, 2008 No. 375

About state registration of real estate and the rights to it

(as amended on 04-07-2020)

This Law establishes the legal basis and procedure for state registration of real estate, the rights and restrictions (encumbrance) of the rights to it within the territory of the Republic of Tajikistan for the purpose of recognition and protection by the state of the rights registered according to this Law, restrictions (encumbrance) of the rights to real estate.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- real estate - the parcels of land as state-owned property, residential and non-residential buildings, constructions, objects of construction in progress, long-term plantings and other real estate firmly connected with the earth that is objects which movement without disproportionate damage to their appointment is impossible;

- the single state register of real estate and the rights to it - the systematized code of data and documents concerning the registered real estate units;

- identification data - surname, name, middle name, number, month, year of birth, nationality, passport number, the postal address of the residence of physical person; full name, number and date of issue of the document on state registration of the legal entity, identification taxpayer number, legal address of the legal entity;

- the certain residential and non-residential building - the internal spatial part of the residential and non-residential building separated other adjacent parts of structure by overlappings, walls, partitions, having independent entrance from the auxiliary building (lobby, corridor, gallery, ladder march or the platform, the lift hall, etc.) or from the territory public (the house adjoining territory, the street, etc.) is direct or through other building, the territory by establishment of the servitude, appointment, the location in structure which area is described in documents of the single state register of real estate and the rights to it. The isolated residential building can have entrance from the subsidiary building (corridor, hall, etc.);

- the cadastral map - the document of the single state register of real estate and the rights to it containing graphical representation of the territory of the respective registration district.

- borders of the parcels of land, servitudes, the protected zones, arrangement of the residential and non-residential building, construction and objects of construction in progress on the parcels of land, and also data on cadastral numbers of the parcels of land, the residential and non-residential building, construction and objects of construction in progress, other information according to regulatory legal acts of the Republic of Tajikistan;

- cadastral number of the real estate unit - the unique number which is not repeating and not changing in the territory of the Republic of Tajikistan kept during the entire period of existence and the termination of existence of the real estate unit;

- the residential and non-residential building - any object constructed on the earth or underground intended for long operation, which creation acknowledged complete according to the legislation of the Republic of Tajikistan, firmly connected with the earth which movement without disproportionate damage to its appointment is impossible, appointment which location and the sizes are described in documents of the single state register of real estate and the rights to it;

- objects of construction in progress - the preserved construction object which creation as the residential and non-residential building is authorized according to the legislation of the Republic of Tajikistan, but it is not complete, having strong communication with the earth, appointment which location and the sizes are described in documents of the single state register of real estate and the rights to it;

- object of special purpose - the real estate unit, data on which in case of their distribution can cause damage to homeland security, defense capability and the vital interests of the Republic of Tajikistan;

- restriction (encumbrance) of the rights - the right of person concerning specific real estate who is not his owner, the user including the servitude, mortgage, lease, free use; the condition or prohibition limiting the owner including arrest, recognition of real estate object of historical and cultural heritage, the restriction concerning real estate connected with servicing of power lines, pipelines and other engineering constructions;

- specification of real estate units - cadastral number, appointment, the description of borders, the location, the area of the parcel of land, availability or lack of right to use as the parcel of land with the right of its alienation; the location, the square or other sizes of the residential and non-residential building, construction and objects of construction in progress, the isolated residential building, and also other characteristics of real estate units in the cases established by the legislation of the Republic of Tajikistan;

- registration card - the document of the single state register of real estate and the rights to it containing records about the made registration actions and other records concerning the real estate units located in the territory of the respective registration district;

- registration case - the document of the single state register of state registration of real estate and the rights to it containing originals of statements, including statements for state registration, and also the copy of the documents which are the basis for state registration concerning the specific real estate unit and also other documents provided according to the legislation of the Republic of Tajikistan;

- the registration district - part of the territory of the Republic of Tajikistan in borders of one or more administrative and territorial unit within which the relevant territorial organizations for state registration perform activities;

- cadastral quarter - the component of the administrative area having the code based on which cadastral number of the real estate unit is determined. In case of change of borders of the administrative area change of borders and code of cadastral quarter is not made;

- the territorial register of real estate - the part of the single state register of real estate and the rights to it containing the systematized code of data and documents concerning the registered real estate units which are in the territory of the respective registration district;

- technical data sheet - the technical document constituted by results of carrying out the technical inventory and (or) check of physical condition of real estate, containing data on the area and other characteristics of property, cadastral number, accession number, the address (location) and other data on real estate;

- documents of title - the documents establishing origin, transition, the termination of the rights, restrictions (encumbrance) of the rights to real estate (the law, the decision of authorized state body, agreements, transactions, the judgment and other documents of title provided by regulatory legal acts of the Republic of Tajikistan);

- primary land market - transition of rights to use by the parcel of land with the right of its alienation from the state to physical persons and legal entities - land users in compliance regulatory legal acts;

- the secondary land market - realization by land users by physical persons and legal entities of their rights to implementation of civil transactions concerning rights to use by the parcel of land with the right of its alienation in compliance regulatory legal acts.

- technical inventory count of real estate - collection, recovery and processing of data on availability, the location, structure, the area and other characteristics, condition, real estate value on the basis of results of inspection of real estate in nature;

- technical mistake - mistake in registration card or the cadastral map which correction does not attract change of content of the right, the owner or change of the size of shares in the right. In particular, slips in words, the omission of words, figures, mistake in arithmetic calculations belong to technical mistakes;

- the error of nontechnical nature - the mistake in registration card made in case of state registration of the rights, restrictions (encumbrance) of the rights to real estate as a result of which correction content of the right changes the owner or changes the right to the size of shares.

Article 2. Legislation on state registration of real estate of the rights to it

The legislation of the Republic of Tajikistan on state registration of real estate and the rights to it is based on the Constitution of the Republic of Tajikistan and consists of the Civil code of the Republic of Tajikistan, the Land code of the Republic of Tajikistan, this Law, regulatory legal acts of the Republic of Tajikistan and the international legal acts recognized by Tajikistan.

Article 3. Operation of this Law

This Law establishes rules of state registration of the following types of real estate:

- parcels of land as state-owned property;

- residential and non-residential building, construction and objects of construction in progress;

- other types of real estate in the cases established by regulatory legal acts of the Republic of Tajikistan.

Article 4. Subjects to state registration

Subjects to state registration are:

- education, change, termination of existence of real estate;

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