Experience in Developing and Maintaining the Real Estate Infrastructure in Azerbaijan Karam Hasanov Chairperson of the State Committee on Property Issues, the Republic of Azerbaijan Vienna, 16 October 2014

General information about the Republic of Azerbaijan Geographical position - Caucasus Geographical position - Caucasus Territory- 86,600 sq km Territory- 86,600 sq km Population- 9.5 million (2014) Population- 9.5 million (2014) Capital- Baku Capital- Baku Date of independence - 18 October 1991 Date of independence - 18 October

Periods of developing of real estate infrastructure in Azerbaijan 1991 – private ownership created, and legislation concerning proprietary relations developed 2006 – legal base improved After registration started being centralized 3

1991 – 2006 The heritage of the Soviet Union: the absolute hegemony of state property All real estates, excluding small exceptions, were state property, when the Republic of Azerbaijan re-gained its state independency in The exception is private resident houses built within citizens’ own means. 4

: Arising of private property The reforms in real estate infrastructure began only in mid 1990s In connection with transition to the liberal economy there were approved some legislation acts (e.g. Law on Bases of Agrarian Reform, Law on Land Reform, etc.) Azerbaijan began reforms on privatization of properties of kolkhozes and sovkhozes and houses of state. As a result of reforms new - municipal property was formed. 5

: Arising of private property (contd) Registration was conducted by different bodies:  Land parcels – by the State Land and Cartography Committee,  Residential houses – by BTI Registration Offices,  Privatized state properties and commercial objects built within citizens’ and firms’ own means – by the State Committee for Management of State Property. 6

2006 – 2009: State Service for Registration of Real Estate Legislation base has been improved in order to establish a unit to initiate unified registration of titles, because conduction of real estate titles in different government units did not meet the requirements of developing real estate market:  Law “On State Register of Real Estate” adopted 7

2006 – 2009: State Service for Registration of Real Estate Once the Law “On State Register of Real Estate” entered into force, all types of real estate titles started being registered by the unified registration unit:  Since March 2006 it was initiated to grant the legal owners with excerpts confirming real estate titles New Apartment Code entered into force on 1 October Town Building and Construction Code adopted in

Period after 2009 The State Service for Registration of Real Estate under the State Committee on Property Issues includes the Central Office operating in Baku, 18 territorial offices and 50 regional branches. State registry of real estate is conducted in paper and electronically in National Registration System of Real Estate. State registration of titles is based on the application directly submitted by right holder or his/her lawyer, or by notary as envisaged in the Law “On State Register of Real Estate”. Territorial offices of the Service are self-financing. In 2013 property titles of 177,118 real estate registered by the registration unit. By the end of 2014 it is expected to register 195,000 real estate property titles. 9

Period after 2009 Doing Business reports list Azerbaijan as one of the leading reformer countries. “Real Estate Registration Project” is under implementation in accordance with the Loan Agreement signed between the Government of Azerbaijan and the International Bank for Reconstruction and Development. 10

Period after e-services are provided by the State Committee on Property Issues:  Receipt of requests and documents for preparing real estate cadastral data and providing cadastral services  Receipt of requests and documents for granting addresses to real estate objects and issuing certificates from address registry database, excerpts from address maps and other address data  Receipt of requests and documents for issuing excerpts on real estate  Receipt of requests and documents for state registration of real estate mortgage  Receipt of requests and documents for providing information from state registry of real estate, etc. 11

Period after Acceptance of reference from the state registry on real estate description, stately registered rights and their limitations. 2.Notarial approval of sale contracts. 3.Appeal of rightholder for registration. 4.State registration of rights. 12

He wants to get non- encumbrance certificate. He gets non- encumbrance certificate. 2 nd step3 rd step Agreemen t on purchase notary seller buyer He wants to get extract on property rights. 4 th step He gets extract. 5 th step 1 st step

He wants to get non- encumbrance certificate notary seller buyer He gets extract 2 nd step SSRRE under SCPI Agreement on purchase 1 st step

F IGURE OF REGISTERED REAL ESTATES 15

Thank you for your attention! 16