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LAW OF THE AZERBAIJAN REPUBLIC

of June 29, 2004 No. 713-IIQ

About the state real estate register

(as amended on 06-07-2023)

Chapter I. General provisions

This Law establishes procedure for state registration of the property right to real estate and other corporeal rights, their emergence, restriction (encumbrance), transition, the termination, and also maintaining the state real estate register, single on the territory of the Azerbaijan Republic.

Article 1. Basic concepts

1.0. The concepts used in this Law express the following values:

1.0.1. Real estate - the parcels of land, subsoil plots, the isolated water objects (reservoirs) and everything strong the objects connected with the earth which movement without disproportionate (boundless) damage to their appointment is impossible, including buildings, constructions, residential and non-residential premises, individual housing and country houses, the woods and long-term plantings, the companies as property complexes, the rights to which are subject to state registration;

1.0.2. The state register number of the real estate (register number) - according to the legislation of the Azerbaijan Republic not repeating in time and in the territory of the Azerbaijan Republic, unique number specifying that the real estate object is single object.

1.0.3. Restriction of the right (restriction, encumbrance) - conditions and prohibitions, under the law and in the procedure provided by the law the property rights to real estate limiting the owner when implementing or other corporeal rights (the servitude, usufruct, mortgage, trust management, lease, seizure of property, etc.);

1.0.4. Body of registration - the relevant organ of the executive authority constituting and the leading state real estate register.

1.0.5. The principle of "single window" represents the stipulated in Article 9-1 this Law the simplified ministerial procedure of state registration of the rights to real estate.

Article 2. State registration of the right to real estate

2.1. State registration of the property rights to real estate and other corporeal rights (further - state registration of the rights) is the legal act of recognition and confirmation by the state of origin, restriction (encumbrance), transition and termination of the rights to real estate according to the Civil code of the Azerbaijan Republic.

2.2. The rights to real estate are recorded in the state real estate register (further - the state register) according to the procedure established by the Civil code of the Azerbaijan Republic and this Law.

2.3. The registered right to real estate can be challenged.

2.4. The disputes connected with state registration of the rights are solved judicially.

Article 3. Legislation on registration of the rights to real estate

3.1. The legislation on registration of the rights to real estate consists of the Constitution, the Civil code of the Azerbaijani Republic, this Law and other normative legal documents.

3.2. The relations in the sphere of registration of the rights to real estate in the Alyatsky free economic zone are governed according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 4. Recognition of earlier arisen rights

4.1. The state registration of the rights to real estate performed by separate registration authorities till July 6, 2006 keeps the legal force.

4.2. For state registration of restriction (encumbrance) of the rights to real estate after entry into force of this Law the existing rights to this real estate shall be registered in the state register.

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