1. Applicants identification document (ID)
2. Notarized power of attorney, if application is submitted by other person on behalf of right holder (legal person’s application and representative’s power of attorney should be confirmed by legal person’s seal);
3. One of the following bases below:
· Valid court decisions
· Decision of the general meeting of the members of apartment-building cooperative on giving residential area in the building of apartment-building cooperative (ABC);
· Financial certificate confirming the full payment of the apartment fee.
4. Document confirming the payment of state fee.
Following documents should be submitted according to the Law “On privatization of housing fund in the Republic of Azerbaijan, if apartment considered to privatize belongs to state or social apartment fund:
- Application;
- Applicants identification document (ID);
- Application of person who has reached 18 years old living together with applicant having right on apartment about consent for privatization of apartment, however application of rightholders related to the temporary movement to another place;
- Application of housing-maintenance organization on persons having right to the residentian area (apartment) and sanitary condition of apartment (Form No: 2)
- Order of housing area (Archive reference is issued no later than 10 days by relevant state entity if order of housing area is lost or become useless);
- Document confirming the payment of state fee.
Issuance of technical passports to apartments:
Technical passports are issued based on the following documents:
- application (appeal);
- applicant ID;
- document confirming the ownership right;
- technical documents for technical specifications of real estate (if exists);
- document confirming the payment of state fee.
State registration of rights on apartments is conducted based on the application submitted by authorized person by him/her or sent via notary. Individual’s last name, name, patronymic name, address, identification document, legal person’s name, address, certification on registration, name and address of the executive authority, content of the petition and attached documents should be mentioned in the application.
Issuance of extracts about state registration of ownership rights on apartments
30 AZN (If issued for 20 days, 20 AZN service fee (s/f); If issued for 14 days, 30 AZN s/f in Baku, Ganja, Sumgait cities and Absheron region; if issued for 7 days, 40 AZN s/f; if issued for 14 days in other cities or districts, 26 AZN s/f; if issued for 7 days, 30 AZN s/f.)
Issuance of technical passports to apartments:
- for issuance of technical documents (passport and plan size) for apartments – 50 AZN;
- issuance of duplicate of technical documents (passport and plan size) for apartments – 10 AZN.
Notarized agreement should be submitted for apartment in tenement building constructed by legal person or individual without establishing ABC.
Application presented by the member of the apartment building cooperative for state registration of rights is accepted in case of having information in the data base of State Committee on Property Issues about the commissioning of the building constructed by apartment building cooperative.
Requirements to the documents presenting for state registration on rights:
Documents confirming the existence of rights, acquisition, passing it to someone else, the restriction (loading), and termination should be relevant to the requirements as set forth in the legislation for state registration of rights.
Contents should be written clearly in the presented documents, legal persons’ and individuals’ names should be mentioned in full. Spoiled, words added later, deleted and unconfirmed authenticity of other adjustments, as well as the damaged documents with unclear content are not accepted for state registration of rights.
Appearance of the property and other proprietary rights and transfer to other persons is formalized by extract from state registration on the basis of the documents prepared by the relevant executive authority. Register number of the real estate should be indicated in the extract.
Persons, who have right to privatize apartments of state housing fund, preserve their rights by the date Housing Code of the Republic of Azerbaijan set forth into legislation according to the Law on “Privatization of state housing fund in the Republic of Azerbaijan” dated on 26th January 1993.
The Law of the Republic of Azerbaijan dated 26th January 1993 about “Privatization of the housing fund in the Republic of Azerbaijan” does not apply to the residential areas of social and special-appointed state housing fund given to the citizens according to the III and IV sections of the Code (social rented residential areas, special-appointed housing fund) after setting forth into legislation of the Housing Code.
Issuance of orders later than the date of October 1st, 2009 is not accepted for being contrary with the requirements of housing legislation in power.
Privatization of apartments (and service apartments) is not allowed in campus of education institutions, damaged houses, apartments of stranded military town.
Residential areas in campuses can be privatized only by residents currently living there and having the rental agreement with the owner of housing fund after giving the campuses on state property to the local executive power according the decision of Ministers of Cabinet of the Republic of Azerbaijan.
The relevant executive authority rejects the privatization of housing if the citizens present fake documents or apartment of residence is controversial. In these cases, notification about valid refusal from state registration of ownership right is sent to the applicant within 5 days.
12 AZN service fee are taken if the total area of private houses for the technical conduct of the inventory is up to 50 m2, and if the total area is over the 50 m2 additional 0.20 AZN is required as a service fee for each 1 m2 area.
