The first consensual registration: -
The two parties go to the registration directly in the real estate registry of the buyer and the seller in person or by authorizing the seller to register for the buyer.
Second, judicial registration: -
It is done by the court in the case of validity and enforceability - and after that the judgment is recorded in the notary. «Note that you must be faithful to all procedures and papers in order to take the verdict of validity and enforcement in the first session I repeat the first session because if the postponement is to a second session, you will pay 7.5% to the court from The value of the thing sold in the contract.
Before starting any of the previous methods, you must first make a survey determination of the apartment and it is reviewed and you make publicity for the claim petition in the real estate month
- Bar association fees = 5 per thousand of the sales price
Practical procedures for requesting the month
Submission of the application
Any month’s request goes through three phases: the acceptable phase (acceptance of the month) and the project phase “writing the contract on blue paper.” The two phases take place at the real estate site’s office, and finally the month phase is at the main office of the real estate month.
First, the accepted stage:
1-: An original request + three copies signed by the person concerned or his agent, whether he was a seller or a buyer, is to be signed and the capacity and power of attorney number to be signed before the head of the office when submitting the request, and now with the new amendment, this step is done in stages:
Review the request from the Head of the Customs Office and annotate the payment of the fee. B- Estimating the fee for the employee in charge of the Financial Department.
C- Going to the Commission’s treasury and paying the fee - after that it is signed by the Head of the Commission with his copies attached. “Signing the request is required to take an undertaking on the applicant to fulfill the deficiency within ten days from the date of submitting the request.” A registered letter will be sent with the content of that if the request was received by mail In addition to attending the office to pay the fee and sign the request, “The application will not be entered into a ledger of precedence until after its fee is paid. When the fee is paid by money order, the application sent by mail is registered in the register on the day it is received and signed at a later time based on the reason for the suspension.” - Speech to the legal expert.
It is permissible to submit application documents at this stage, "the title deed and the certificate of financing or the taxpayer", but it is advised to postpone them until the identification list is seen and the required information is known.
2-: The application is delivered to the employee responsible for the record of requests
With this stage, the first day of the real estate registration mission ends, and its results include: -
Receipt of the fee receipt with a month's request number, and this number is in the form of “....” for the year “....” mission “......” with which we will follow up our request in all the following stages, and even after taking the project number, it remains the most important Until obtaining the monthly precedence number, a late stage, and this follow-up takes place through the application record that we have noticed, which is the link between the technical member of the Commission and the Surveyor and the applicant through the so-called suspension of the request, as the distribution is always done through this record.
Note: «We recommend that you keep the fee receipt stamped with the logo of the Republic, as it will have its number on the draft contract upon completion of the acceptable phase and writing the draft contract»
3-: Attendance to the engineering office for guidance and on-site inspection to extract the identification list for the request
It is natural for the commission to send a copy of the survey request on the next day, and with it the survey’s knowledge arrives with the request waiting for the person concerned to attend to determine the date of the inspection. We advise to go from the first day with an additional form of the submitted request and before leaving the office to set an appointment with the head of the survey commission and the specialist engineer in the area to gain time .
- We did not mention fees or transfer of the area as it is paid according to the new amendment within the application fee, and therefore we did not address it because it is not there now.
Noting that if the commission requests the application of the contract, its space fees are paid independently as an additional fee
4- The request is referred to the engineering reference at the Tax Office to conduct a search for the above requests for dealing property and what has been done with it. «The engineering reference is the link between the survey and the Commission»
5 - Enter the request to the Commission «record of requests to indicate the arrival of the determination list and everything that is done on the request».
Through it, it is presented to the technical member to issue a letter stopping the documents and completing the deficiency in the application. It is drawn up from the original and a copy without giving reasons and approved by the head of the Tax Office and delivered to the person concerned or the capacity, and if he did not receive it, it is sent by registered mail accompanied by acknowledgment of receipt.
Failure to mention the reasons shall not result in the nullity of the reason for the suspension (Cassation No. 52 of 32 QC session 11/26/1993)
5- Submit documents
It is the “title deed - disclosure of real estate tax inclusions - notification of the inheritance if the sale is from an heir.” The documents are submitted according to a portfolio in which the statement of the documents, their number, date and date of submission are shown by marking them by the technical member “the officer” who marks them with the phrase attached, displayed and presented after Marking it to the application record employee to display the request again after fulfilling its deficiencies.
6- The application will last from three to five days
If he is fulfilled, he shall release the notification of the accepted condition, provided that there is no case of conflict of the request with others, or a previous disposition that reduces the share and that the property is allowed within the limits of twenty-four carats.
“The technical member examines the application in terms of availability, capacity, authority, origin of ownership, property roses, in the name of the person in charge of assignment (real estate tax statement), description and number of intentions and licensing of real estate built after 2/6/1992, the dates of the request and its fall, the requests received on the dealing real estate, and the comparison between them.”
7 - After that, he should be reviewed by a second, older auditor at the Tax Office to ensure that it is fulfilled.
8- The notification of the accepted person shall be delivered to the concerned person or his representative, along with the survey sheet and the rest of the documents for editing the draft of the document on green stamped paper.
And thus ends the first stages of the month, which is the stage of requests and obtaining the acceptance
Notes:
The application period is a Gregorian year starting from the date of its registration in the book of primacy of requests, and the application is dropped by its passage without registering a “month”. The application may be extended for another year, preserving its precedence, on the condition that an extension request is submitted at least fourteen days before the end of the first year, provided that the above “address” is written as an extension of the application No. For a year, a new identification list is issued for him without fees.
Second, the project stage
After receiving the notification of the accepted person and the disclosure of the determination and the documents
1- We start editing the editor's draft on green stamped paper
Noting that the project includes three decisions, they are: -
A - Approval of illegal gain «for employees and workers in the government and the public sector».
B - A declaration of conformity of the property description to the current nature of the responsibility of the applicant without the responsibility of the notary.
C- A declaration that the real estate is free of the original and subsidiary rights in rem.
2- Certification of the lawyer’s signature from the Bar, if the price is more than “20,000 pounds according to the last amendment instead of five thousand pounds in the previous law of attorneys”, provided that it is signed by at least a primary attorney.
3- The project shall be submitted to the head of the customs office or whoever replaces it, to mark it with his registration in the project precedence book, and it shall be presented.
4- The application is submitted to the employee responsible for the projects registry.
5- The project enters the commissioner (a technical member) to review it.
6- The phrase “contractors who are not prohibited from acting according to the indexes of the commission” is written after reviewing the indexes.
7- The technical member writes down the number of project pages and marks it with valid for the month.
8- The draft draftsman shall be delivered to the concerned person, sealed with valid for the month, and he must have a receipt for payment of the fees along with the rest of the documents.
Thus, the second phase of the month ends, which is the project phase and obtaining the validity of the month
These two stages, as between us, are completed by the real estate registry
Third month phase
It is concerned with the Office of the Month in the main office only
1- Before the month of the issuance is submitted, the document is notarized or the signature of his parties is certified, and that is done before the notary of the notary, with the approval of the notary and stamping it with the seal of the state emblem of the notarization office.
2- The project shall be submitted to the Secretariat of the Technical Review Department of the main real estate registration office, and it shall be signed under it by the presenter of precedence and shall be recorded in the book of receipts for receipt of projects, taking a priority number, then it shall be recorded in the book of precedence with the same number, and a copy of the receipt for receipt shall be delivered to the concerned person.
3- Then it is presented to the technical member in the technical review for his review, and if there is a deficiency, a suspension of the original and two copies shall be issued to the concerned person. If he does not receive it, it shall be sent by registered mail accompanied by a delivery note to his place of residence.
4- He shall be presented to the financial review to ensure the correctness of the fees paid on the request.
5- If the precedence is fulfilled, it is marked with the phrase “return and notice” by ensuring that there is no conflict with another precedence, otherwise the month is abstained if a previous precedence is recorded for the same deal for the exit of ownership.
6 - The precedence indicated by a serial month within the journal shall be recorded in the notebook of the month of customary and official documents according to precedence, and after the end of the day the book shall be approved by the Director of the Technical Review and the Assistant Secretary he and the precedence and the precedence shall be sealed with several seals: -
(A) Assignment conveyor ring, which is a triangular ring.
(B) A stamp containing the date and month number, which is a square stamp signed at the end of the assistant secretary.
(C) The seal of the state emblem.
7 - Receipt of the published documents to the Archives Department of the month and send copies of them to the Department of Real Estate Certificates and Commissions to be displayed on their indexes and notify the Survey Office about them.
8- The person concerned receives a first copy free of charge from the notified document, and the person concerned or any individual, even from a third party, may submit one or more copies after paying the prescribed fee.
Secondly, the judicial registration «validity and validity case of the sales contract»
First: Submitting an application for the real estate month in preparation for the month of the newspaper
1- Initially, the preliminary sales contract with which a validity and enforcement action is filed must include in the devolution clause that it has perished through a long period of ownership - or a registered contract - or a verdict to establish ownership
Therefore, it is not possible to file a validity and enforceability lawsuit that includes a contract that devolves ownership in it through purchase under a preliminary sale contract - and in this case the lawsuit must be filed with the validity and enforceability of the two primary sales contracts and the seller is sealed to the seller, and the real estate application as well as the lawsuit is in two circles, the first link from the seller to the seller , And the second link from the last seller to the client.
2 - A real estate month application or a real estate registry application is submitted to the Real Estate Registration Office in its jurisdiction of which the real estate is located from one original and three copies including the data of the piece or real estate subject of the sale contract, and the application is recorded in the precedence register in the real estate month. Here, the difference between the real estate registration request and the real estate record request should be noted:
The real estate month: It is concerned with places that enter the cities cordon.
And the real record: It is concerned with places that depart from the cordon of cities and for which a decision is issued by the Minister of Justice to apply the in kind record system to them.
In both cases, the content of the application submitted for the real estate month is the same other than that in the case of the real registry, the in-kind registrar must be sealed to make the necessary changes in the real estate unit newspaper.
3- The real estate registry sends a copy of the application to the survey office for research, and a survey fee is estimated according to each plot.
4- After paying the survey fee, an engineer from the survey shall inspect the property or plot of land that is the subject of the submitted application.
5- The engineer writes a cadastral statement for the “cadastral determination list” or the property subject of the request
6- After editing the survey statement, the application shall be sent to the notary public.