In order to further improve the material well-being and implement the most important tasks set for the inclusion of Turkmenistan in the group of socially and economically developed States, to improve the recognition and protection of rights and encumbrances of rights to real estate, the Law of Turkmenistan "on state registration of rights to real estate and transactions related to it" was adopted on May 3, 2014. The law came into force on January 1, 2016.
Also, in order to implement the aforementioned Law, by the Decree of President of Turkmenistan "On creation of the Service for state registration of rights to immovable property and related transactions, under the Ministry adalat of Turkmenistan" of December 1, 2015 Service was established for state registration of
rights to immovable property and transactions with him in the Ministry adalat of Turkmenistan. In accordance with this resolution, regional Service bodies were created in velayats and cities with the rights of velayats, as well as in cities and in etraps.
• What real estate rights do I need to register?
In order for the state to recognize ownership rights in accordance with the civil code of Turkmenistan and other legal acts, all rights to real estate and transactions related to them are subject to registration in accordance with the established procedure.
State registration of rights to real estate and transactions related to it is carried out by the territorial bodies of the Service.
Types of real estate objects:
- land plots;
- buildings, structures, objects under construction;
- residential and non-residential premises;
- enterprises as property complexes;
- real estate that is part of the property complex;
- other types of real estate in cases established by normative legal acts of Turkmenistan.
Rights and encumbrances of rights to immovable property subject to state registration:
- the right of ownership;
- the right of economic management;
- the right of operational management;
- the right of inheritable possession of a land plot;
- the right of trust management;
- the right to lease (lease) a land plot or building, structure, isolated premises for a period of more than five years;
- the right to use the land plot;
- rights arising from a mortgage;
- easements;
- rights and encumbrances established in relation to immovable property during the denationalization and privatization of state property;
- rights arising from judicial decisions;
- other rights and encumbrances of rights in cases stipulated by normative legal acts of Turkmenistan.
• What documents do I need to register real estate rights?
To conduct state registration, individuals and legal entities must apply to the territorial authorities of the Service at the location of the real estate. An individual presents an identity document, and a representative of a legal entity presents the constituent documents of the legal entity, as well as an identity document and a document confirming its authority to act on behalf of this legal entity.
The package of documents differs slightly depending on how you passed the housing – purchased, inherited, and so on. There are special features in registering the ownership of an apartment or house that is purchased with a mortgage loan.
The application is accompanied by documents containing identification information regarding real estate, as well as documents that are the basis for state registration (purchase and sale agreements, gifts and other transactions), acts (certificates) on the privatization of residential premises, made in accordance with the legislation in force at the time of its Commission, certificates of inheritance, and others.
A full list of documents that may be required for registration of rights is available on the official website of the Ministry of adalat (justice) of Turkmenistan. But the final package of documents depends on the details of each specific situation. All documents must be provided in original and copies.
Documents required for state registration of ownership of a residential building built on a designated residential plot:
- Statement (by the owner or their representative)
- Passport
- Order of the Mayor on the allocation of land
- State act on the right of ownership of a land plot
- Inventory business
- Document on the origin of the right (purchase and sale agreement, gift agreement, and so on)
- Certificate from the Address Bureau of the Ministry of internal Affairs of Turkmenistan
- Document on payment of the state fee in the established amount
- The payment document of payment for the provision of legal and technical services
- If necessary state registrars in accordance with the law independently require insufficient data.
Documents required for state registration of ownership of apartments in high-rise residential buildings with improved room layout:
- Statement (by the owner or their representative)
- Passport
- Document on the origin of the right (resolution, contract of sale, certificate of ownership of real estate)
- Inventory business
- Certificate from the Address Bureau of the Ministry of internal Affairs of Turkmenistan
- Document on payment of the state fee in the established amount
- The payment document of payment for the provision of legal and technical services
- If necessary state registrars in accordance with the law independently require insufficient data
Documents required for state registration of a mortgage (pledge agreement):
- Statement of the parties to the agreement (the owner or his representative and the representative of the credit institution)
- Passport
- Pledge agreement (notarized)
- Letters from the Bank about the introduction of a ban on the object
- Document on payment of the state fee in the established amount
- The payment document of payment for the provision of legal and technical services
- If necessary state registrars in accordance with the law independently require insufficient data
Documents required for state registration of the right to a privatized apartment:
- Statement (by the owner or their representative)
- Passport
- Decision to privatize an apartment
- Document on the origin of the right (contract of gratuitous transfer, contract of sale, certificate of title to real estate, and so on)
- Inventory business
- Certificate from the Address Bureau of the Ministry of internal Affairs of Turkmenistan
- Document on payment of the state fee in the established amount
- The payment document of payment for the provision of legal and technical services
- If necessary state registrars in accordance with the law independently require insufficient data
Documents required for state registration of the right to conduct business and operational management:
- Statement (by the owner or their representative)
- Order on the allocation of land
- Documents that guarantee the right to land (state act, certificate)
- Act of the state Commission on the acceptance of the object in operation
- Order (decision) of hyakim on the acceptance of object in operation
- Document confirming the transfer of property to the balance (account)
- Constituent documents of a legal entity (documents confirming the authority of the representative and a document confirming his / her identity)
- Inventory business
- Document on payment of the state fee in the established amount
- The payment document of payment for the provision of legal and technical services
- If necessary state registrars in accordance with the law independently require insufficient data
How do I submit documents for registration of rights?
Documents submitted for state registration must be submitted to the state Registrar personally by the applicant. You will need to present the original passport to the receiving person.
There is a state fee for state registration of rights.
Do not forget to check the correctness of all the data entered in the document, as errors are not uncommon due to the human factor.
How long to wait from the moment of submitting documents?
State registration of rights is made no later than one month from the date of submission of the application and documents required for state registration, unless otherwise provided by the legislation of Turkmenistan.
How is the state registration of a right confirmed?
As a result of registration of your rights to real estate, you will be issued a certificate of ownership in hard copy about the main characteristics and registered rights to the property. The information contained in the certificate of ownership is considered current at the time of issuing the documents. Therefore, in the future, you may need a new statement to confirm that information about real estate rights is found in the registry.
For more information, please visit the website of the Ministry of adalat (justice) of Turkmenistan.
