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PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of January 13, 2015 No. 439

About approval of the List of the documents certifying acquisition of rights real estate objects, acquired and which arose before entry into force of the Law of the Azerbaijan Republic "About the state real estate register"

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, according to Article 139-1.1.1.8 of the Civil code of the Azerbaijan Republic I decide:

1. Approve the List of the documents certifying acquisition of rights real estate objects, acquired and which arose before entry into force of the Law of the Azerbaijan Republic "About the state real estate register it (is applied).

2. Determine that the documents provided in the List approved by part of 1 this Decree at the time of emergence of the right to the corresponding property are considered as basis for registration of this property in the state real estate register in those cases if it is not in conservation zones of bulk distribution lines, high-voltage power networks, objects of transport infrastructure and waters, on the parcels of land which are in use of economic subjects for development of oil and gas fields.

3. To the Cabinet of Ministers of the Azerbaijan Republic to prepare and provide to three-months time to the President of the Azerbaijan Republic offers on the future of the homestead parcels of land allocated with decisions of boards of kolkhozes and sovkhozes under construction of apartment houses and country houses.

4. To the state committee of the Azerbaijan Republic concerning property in case of detection in analysis result of the addresses connected with registration of the rights in the state real estate register of the documents which are certifying legal use of real estate objects and not entering the List approved by part of 1 this Decree to provide to the President of the Azerbaijan Republic offers on inclusion of documents of this type in the List.

5. To the state committee of the Azerbaijan Republic concerning property for the purpose of registration in the state real estate register of the rights to living space in the apartment buildings built according to standard projects relating to the state or public dwelling stock in case of detection during technical inventory count of distinctions between the actual indicators of the area of the apartment (room) (except for additional constructions) and indicators in registration documents, and also in orders and leases to provide carrying out registration of the rights in the state real estate register on the basis of the actual indicators of the area.

6. To provide to local executive bodies for the purpose of ensuring inclusion in the state real estate register of data on the changes which happened in the area and other indicators of the real estate objects which are in property of physical persons and legal entities as a result of the construction works performed within the measures for improvement which are carried out in the territory of the corresponding administrative and territorial unit about day of the introduction of this Decree to force representation to owners within 7 working days from the date of the circulation of copies of the act of architectural and planning bureau of acceptance to operation of the construction project connected with these construction works.

President of the Azerbaijan Republic

Ilham Aliyev

Approved by the Presidential decree of the Azerbaijan Republic of January 13, 2015

The list of the documents certifying acquisition of rights real estate objects, acquired and formed before entry into force of the Law of the Azerbaijan Republic "About the state real estate register"

1. The following documents on the apartment and country houses, and also on the parcels of land which are under them or allocated under construction of such houses, issued by authorities in the territory of the Azerbaijan Republic according to the legislation which was in force during stay of the Azerbaijan Republic as a part of the Union of Soviet Socialist Republics:

1.1. the registration of the earth issued by household departments of executive committees of local councils;

1.2. the registration of the earth issued to bureau of technical inventory count of executive committees of local councils;

1.3. the state act of right to use by the earth issued by executive committees of city and regional councils of People's Deputies;

1.4. decisions of rural and settlement Councils of deputies of workers on allocation of the parcels of land from lands of rural settlements and settlements;

1.5. the contracts on the right to construction certified of notarial procedure and signed till August 26, 1948;

1.6. the contracts on provision of the parcels of land certified of notarial procedure and signed after August 26, 1948 under construction of apartment houses with the right of personal property;

1.7. the judgments accepted till August 26, 1948 and taken legal effect about approval of the right to construction of the apartment house;

1.8. decisions of executive committees of regional councils of People's Deputies on provision of the apartment house (apartment) in property of person and the document on payment of cost of the apartment house (apartment) acquired by person in cases if it is provided in these decisions;

1.9. the contract on the Section of the apartment house (its area) between spouses certified of notarial procedure (in settlements where there are no offices of notary public, - the agreement certified corresponding district, city, settlement and rural by councils of People's Deputies);

1.10. solutions of burlaw court on the Section of the apartment house (its area) between spouses.

2. The following documents on the apartment and country houses, and also on the parcels of land which are under them or allocated under construction of such houses, issued by authorities in the territory of the Azerbaijan Republic according to the legislation during stay of the Azerbaijan Republic as a part of the Union of Soviet Socialist Republics and also during the period after finding of independence by the Azerbaijan Republic, before entry into force of the Law of the Azerbaijan Republic "About the state real estate register":

2.1. issued by city and regional councils of People's Deputies from January 24, 1992 to December 19, 1995 the state act of the property right, ownerships, permanent use of the earth and the certificate on the right of temporary use by the earth;

2.2. the decision on allocation of the parcels of land accepted by city and regional councils of People's Deputies from November 9, 1991 to December 19, 1995;

2.3. the statement from on the economic book about the apartment houses built till January 1, 2001 in villages, including in villages which after change of their status were transformed to the cities (settlements), and also in villages which territories after their abolition were transferred to the territories of the cities or settlements;

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