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Registered by

Ministry of Justice

Republic of Tajikistan

 On October 8, 2013 No. 593

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 4, 2013 No. 447

About the Procedure and features of the state system registration of real estate and the rights to it in the pilot territories

According to article 65 of the Law of the Republic of Tajikistan "About state registration of real estate and the rights to it" the Government of the Republic of Tajikistan decides:

1. Approve the Procedure and features of the state system registration of real estate and the rights to it in the pilot territories it (is applied).

2. Comprehensively to assist the relevant ministries and departments, local executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, cities and areas in carrying out the state system registration of real estate and the rights to it.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

 

Approved by the Order of the Government of the Republic of Tajikistan of October 4, 2013, No. 447

Procedure and features of the state system registration of real estate and the rights to it in the pilot territories

1. General provisions

1. The procedure and features of the state system registration of real estate and the rights to it in the pilot territories (further - the Procedure) is based on the Constitution of the Republic of Tajikistan, the Civil code of the Republic of Tajikistan, the Law of the Republic of Tajikistan "About state registration of real estate and the rights to it" and other regulatory legal acts of the Republic of Tajikistan, and regulates procedure for carrying out the state system registration of real estate and the rights to it in the pilot territories.

2. The procedure is constituted for the purpose of implementation of registration of real estate units and the rights to them for specialists of the Regional land cadastral centers (RKZTs) and the City center for registration of real estate (GTsRNI) in the pilot territories of the Project on registration and cadastral system of lands (PRKSZ).

2. Basic concepts

3. The basic concepts used according to the procedure:

- geodetic measurements - measurements in the State Geodetic Network (SGN) of the Republic of Tajikistan;

- the cadastral plan - the plan of the real estate unit in certain scale where borders of real estate, restriction, its rotary points and distances between them are reflected;

- the owner - the physical person or legal entity having rights to real estate;

- The registrar - is the employee of regional structure of PRKSZ, the territory of project implementation and in exclusive procedure performs registration actions by training, to change and the termination of existence of real estate and the rights to it on pilot, according to grant agreement No. N 758TJ it is appointed and relieved of the post by the director of Organization "The center of project implementation for registration and cadastral system of lands" in coordination with authorized state body on settlement of land relations.

- system registration - one-time planned action for state registration of real estate units and the rights to them, without filing of application of citizens, and also the state social facilities, by mass (continuous) inspection of real estate units, PRKSZ performed in the pilot territory at the expense of means;

- attendance registration - the procedure of implementation of state registration of real estate and the rights to it based on the statement of physical persons and legal entities held on paid basis.

3. Real estate units

4. Subjects to state registration are:

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

- origin, transition, termination of the rights and restrictions (encumbrance) of the rights to real estate.

4. State registration of real estate

5. State registration of real estate is legal act about the state recognition and confirmation of education, change and the termination of existence of real estate.

6. State registration of real estate irrespective of patterns of ownership comes to the end in accordance with the established procedure the Law of the Republic of Tajikistan "About state registration of real estate and the rights to it".

7. State registration of education, change, the termination of existence of real estate can be acknowledged invalid only judicially.

5. State registration of the rights, restrictions (encumbrance) of the rights to real estate

8. State registration is right, restrictions (encumbrance) of the right to real estate is performed on the following groups:

- the lifelong inherited use of the parcel of land;

- unlimited use of the parcel of land;

- urgent use of the parcel of land;

- leases of the parcel of land;

- economic maintaining;

- trust management;

- operational management;

- leases for the term of over one year, the sublease, free use by the residential and non-residential building, the construction isolated by the building;

- servitude (right to use of alien real estate and restriction of some rights of the owner);

- mortgage (debt with pledge of real estate);

- arrest;

- establishment of restriction (encumbrance), concerning the real estate unit in connection with recognition by its object of historical and cultural heritage;

- establishment of restriction (encumbrance), concerning the real estate unit in connection with servicing of power lines, pipelines and other engineering constructions;

- other rights and restrictions (encumbrance) of the rights in cases, stipulated by the legislation the Republic of Tajikistan;

9. The right, restriction (encumbrance) of the right to real estate which are subject to state registration from the moment of state registration has legal force of origin, transition and termination of the right.

10. State registration of origin, transition, the termination of the right and restriction (encumbrance) of the right to real estate can be acknowledged invalid only judicially.

11. The sequence in carrying out state registration shall be observed as follows:

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