Property Transfer Registration

Property transfer registration is a legal process through which the ownership of a property is transferred from one person to another. This process requires following specific procedures and ensuring all legal and administrative requirements are met to guarantee the validity and integrity of the transfer. This includes preparing and drafting the necessary documents, obtaining official approvals, and registering the transfer with the relevant authorities. This procedure aims to protect the rights of the parties involved and ensure the ownership is transferred smoothly and legally.

In this article, we will cover the essential steps for property transfer registration and how to avoid common mistakes that may arise during the process.

• I – Required Documents for Transfer Registration
• II – Place of Transfer Registration
• III – Fees for Transfer Registration
• IV – Steps for Transfer Registration
• V – Deadlines for Transfer Registration
• VI-Conclusion

I – Required Documents for Transfer Registration

It is necessary to submit the original deed of transfer if it was prepared by a lawyer, along with at least two legal copies.
If the deed was prepared by a notary, the original transfer certificate and an ordinary copy must be presented.
Copies of the annual tax payment receipts for the applicant for the past three years are required.
Payment of the registration fees and obtaining the original deed must be completed within 24 hours of registration.
The deed must meet the general conditions for contract registration and be free of errors.
The tax office always retains an original copy of the deed. For lawyer-prepared deeds, the registration department keeps the original and an additional legal copy.
A legal copy is either the original or a certified true copy. If the applicant needs two copies of the lawyer’s deed, they must submit four legal copies to the registration department, as the tax office retains two copies.

II – Place of Transfer Registration

For contracts prepared by entities other than notaries, they are registered at the tax office responsible for the location where the property is situated. As for contracts prepared by notaries, they are registered at the tax office geographically responsible for the location of the notary’s office.

III – Fees for Transfer Registration

The registration fees vary depending on the nature of the contract, whether it is a transfer for consideration or a transfer without consideration. A transfer for consideration is treated as a sale, while a transfer without consideration is considered a gift. Transfers for consideration are subject to the same registration fees as sales contracts, with rates ranging from 6% to 9% of the property’s value, and in some special cases, registration at a rate of 3% is possible. Specific factors determine the registration fees, such as the date of the contract, the property price, and whether the property was previously registered.

On the other hand, a transfer without consideration is regarded as a gift according to administrative jurisprudence. The registration fees for gifts vary based on the degree of kinship, with a rate of 5% for siblings and 35% for individuals without a kinship relationship. This is stipulated in General Memorandum No. 23 of 2016.

IV – Steps for Transfer Registration

The deed of transfer must be prepared by a legally qualified draftsman. All parties to the deed must have their signatures authenticated by the civil status services at the municipality and provide a clearance certificate for the property subject to the sale. Next, visit the tax office and submit the lawyer’s deed in at least three legal copies, or the notary’s transfer certificate with a copy of it, along with copies of the annual tax payment receipts for the registering party for the past three years. After paying the registration fees, you will receive a payment receipt within 24 hours of registration.

For deeds not prepared by notaries, obtain the registered deed and payment receipt, and submit the necessary documents to the regional real estate administration, including the birth certificates of the concerned parties. For notary transfer certificates, obtain the payment receipt and present it to the notary to receive the original document, then submit it to the regional real estate administration accompanied by the birth certificates of the concerned parties.

The regional real estate administration may conduct a more thorough examination of the deeds and request additional fees or documents to complete the property registration process.

V – Deadlines for Transfer Registration

Transfer deeds must be registered within sixty days from the date of the deed. If this deadline is exceeded, late fees will be imposed on the registration process. To comply with the regulations and avoid these penalties, the concerned parties should complete the registration procedures within the specified timeframe.

VI-Conclusion

In conclusion, registering a property transfer is a necessary legal process aimed at ensuring the correct and smooth transfer of ownership. By adhering to all legal and administrative requirements, the parties involved can protect their rights and avoid future legal issues. To ensure a timely and efficient transfer, it is crucial to follow the specified steps and submit the required documents within the designated timelines. It is also important to review all details and ensure compliance with all conditions to avoid any fines or obstacles that may hinder the property registration process. Through this article, we hope to have provided a comprehensive guide on how to register a property transfer and avoid common pitfalls in this process.