Top 10 questions about amendments to the real estate registry law.  Reducing the number of required documents - How to register remotely if there is only a primary contract - Registration of inheritance rights

 February 11, 2022

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 Omar Marwan: handwritten notes completed, we will work with the citizen electronically

 What is the term for making a decision on the application for registration and obtaining a registered contract.

 What happens if more than one application is submitted for one object.

 What happens if an incomplete application is submitted.

 What is the penalty for filing a fictitious document with a registration application

 The House of Representatives has approved amendments to the Real Estate Registry Law that include simplifying procedures for registering real estate, including reducing the time limit for reviewing an application for registration to 30 days after it was two years, and establishing a time limit for reviewing a complaint if the application for registration  was rejected, and specific documents are indicated for each case of registration, whether for possession by right of hand, a primary or property agreement, as well as to prevent fraud, manipulation and violation of the interests of citizens for filing false documents, a penalty of 1 year in prison and a fine of  50 thousand pounds.

 Question 1: How to apply for registration?

 The amendments allowed the filing of an application for registration electronically, in addition to the filing of documents as specified in Article (21), which provided that the application for registration must be submitted to the office of the real estate registry in whose jurisdiction the property is located, in a form approved by the Ministry of Justice  , and the application may be submitted electronically as specified in the Executive Regulations.

 Question 2: What documents must be attached to the application for registration?

 Article 22 specifies the following documents to be attached to the application:

 First, statements indicating the identity and authority of each party, with the exception of the final signatures of the applicants, which must be made at the office of the registry.

 Secondly, a digital map of the established form, displaying the data and coordinates of the location of the property in question, or any other official document containing the same data.

 Third: Legal basis for applying for registration.

 Fourth: Recognition by the parties concerned of the rights established to the property in question, if any, as specified in the Executive Orders.

 (A significant relief is that the amendment to Article No. 22 excluded 3 items from the list of required documents that were before the amendment, which the citizen was required to attach to the application for registration, and included information about the assignment if the subject of registration is a change in the books  commissioning, data on the origin of the right of ownership or the right in kind to act in contracts and certificates, as well as provisions on the validity of the contract, oath and confirmation of ownership, if they are based on the origin of the right of ownership or right of kind to act in contracts and certificates, as well as  provisions on the validity of the contract, oath and proof of ownership, if they are based on the origin of the right of ownership or the right in kind to act in contracts and certificates, as well as the provisions on the validity of the contract, oath and proof of ownership.  defendant, as well as provisions for documenting the reconciliation between opponents and proving what they agreed on.)

 These statements must include the name of the current owner or previous owner of a right in kind, the reason for the transfer of ownership or right in kind, and the number and date of the month of the title deed or right in kind if it is public.

 Chancellor Omar Marwan, Minister of Justice, said that this article includes simplifying procedures and making it easier for the citizen, as the law previously defined 7 types of required documents, but this article limits it to 4.  It was also previously required that the applicant submit a certificate of identification of the premises only from the Cadastral Office, but the amendment to article 22 provided for simplification of procedures when it was limited to the provision of a digital map drawn up by any party, and not necessarily from the Cadastral Office, this could be a digital map  compiled by city communities, localities, military or engineering colleges.

 He added that the fourth paragraph includes the declaration by a citizen of the rights established to the property, which is a guarantee of the integrity of the procedures, since if the application and documents turn out to be false, then punishment up to imprisonment and a fine for the applicant will be provided.

 Question 3: What should I do if an application is submitted that does not include the required documents?

 The application will not be accepted in accordance with article 22 bis, which provides that an application for registration will not be accepted if it does not comply with the requirements and documents contained in article 22 of this law.

 Previously, any application for registration was accepted, even if it was without complete documents, which entailed either a refusal to register or long registration periods - up to two years or more for a decision.

 Question 4: What is the deadline for making a decision on a registration application?

 One of the advantages envisaged in the amendments is the establishment of time limits - a maximum of 30 days from the date of application for a decision on the application by registration or rejection, and if the application is acceptable and supported by the necessary documents and does not have any problems or objections, a certificate of  registration is issued to the applicant within a maximum of 30 days, and if he has objections, the complaint is considered within another 7 days, so the maximum period for obtaining a registration document is 37 days, and an objection is 37 days.  There is a fixed fee of £500 for consideration of an application.

 Article 23 bis provides that if the subject matter of the registration application is one of the facts referred to in Article 10, or the origin of the property or right in kind that is the subject of the registration application is not based on one of the documents provided for in the previous article, and the interested party  requests that these facts be established, the panel must investigate the existence of these facts in accordance with the provisions of the law, and then forward the application to the Office of the Registry with its accompanying opinion within 30 days from the date of the application.

 The Committee of the Office of the Real Estate Registry considers, as the case may be, the submitted application and objections to it, and makes its decision, as a result of which the application is accepted or rejected within seven days from the date of submission of documents.

 The executive rules describe the procedures to be followed in investigating these facts, the documents to be submitted, the methods of publication and advertising, and the methods of objecting to the committee.

 A special fee of not more than LE 500 plus publication and transmission costs may be charged for filing an application, and the Executive Rules set out the categories of this fee.

 The provisions of the previous paragraphs on real estate or land provided for in Article 970 of the Civil Code do not affect space, and the provisions of this Article do not violate the rights of interested persons to apply to the judicial authorities to challenge the issue of law.

 Question 5: Is it permissible to register cases of a handwritten or primary contract?

 The added article (10 bis) allowed those who have a rudimentary ordinary property contract to register ownership of the property they own under that contract, provided that the possession is open, in good faith and stable for 5 years, as evidenced by  supply of electricity or gas with a primary contract.

 With regard to possession by right of hand, the law allows the registration of possession by the laying on of hands, provided that open and good faith possession is stable for 15 years.

 Article 10 bis provides that the facts that may establish, transfer, change, cancel or determine the original right to immovable property may be established by registration, and one of these facts, when applying the provisions of this article, is the income possession of property in accordance with the provisions of article  968 or Article 969 of the Civil Code or possession of a pledge, albeit ordinary, for a period of five years from the date on which the right arises, if it is in good faith prior to registration, and entails failure to register does not mean the rights mentioned before others.

 Question 6: How have the registration steps been reduced from two to one?

 Article 28 reduced the two stages of registration to one stage, which is the registration period.  Before the amendments, the law required the citizen to submit an application for registration, the property goes through the first stage, which is the stage of acceptance, when the application for registration is considered and accepted, and then submitted by the citizen again for consideration and becomes valid, after which the text of the contract is documented.  In accordance with Article 28, after its change, the acceptance stage was abolished and limited to only one stage, which is to examine the application for validity within a month, which will be documented thereafter.

 The article states: “Once the commission has completed the verification of the contract and found it fit for registration, the contract is documented or certified, if the books are entrusted to each commission to document contracts whose drafts were certified in a month, or to certify the corresponding signatures, if they are  ordinary, and then submitted to the office no more than the next day to document or ratify the treaties to complete the registration procedures within no more than 7 days from the date the documents were received by the office.

 Question 7: What should I do if more than one application for registration of one property has been submitted?

 Article 33 of the amendments addresses the case of filing more than one registration application for the same property, preventing any subsequent application from being considered until a decision has been made on the previous application.  Section 33 provides that, if the office of the registry where the property is located, more than one application for registration has been submitted for the same property, these applications must be considered according to the priority of their entry in the book in the application, and registrars may not proceed with the procedure for considering any subsequent  application until the application preceding it is rejected.

 Chancellor Omar Marwan, Minister of Justice, said that the Act's Executive Provisions specified documents for each case of registration for property, whether it be with a "right of hand", an ordinary contract, a registered possession or a court order, and an application for registration would not be accepted at the registry office.  real estate, if the necessary documents are missing, and within 30 days the decision on the application will be made by refusal or proceedings, and after another 7 days the contract will be registered, adding: “After the application is submitted for a maximum of a month, either registration is denied, or proceedings  within a month."

 He added: “We have enabled communication with the applicant via electronic means, whether it be email or telephone and others, to inform him of the decision and there will be no notification in a minute”, explaining: “the old words are over and every request will be considered  we are breaking old needs.”

 Question 8: What are the procedures for dealing with complaints if a registration application is rejected?

 Article 35 regulated the procedure for dealing with a complaint when an application for registration was rejected and established a maximum security to be deposited with the complaint of not more than £1,000, which would be returned if the complaint was upheld, with clear deadlines for applying for a provisional number or issuing an order.  time judge or the judge's reasoned decision to keep the temporary number or cancel it.

 Article 35 states: "Any person who has filed a request for approval of an application must provide the agreement itself within 10 days from the date of receipt of information about the decision to accept or reject the application for registration, and the secretary must assign a provisional number to this agreement or list after compilation,  with attached documents or ratification of signatures if it is an ordinary contract and after a deposit of half a percent of the value of the contract.The obligation contained in the contract shall not exceed £1,000, reimbursable if the temporary number is retained, and the reasons on which the  the complainant must be indicated in the complaint.

 In this case, the secretary is obliged to assign the number of the register book referred to in Section 31 of this Law and index books to the contract or list and immediately submit the case to the judge of the court of first instance where the branch is located.

 After hearing the explanations of the person concerned and the office of the real estate registry, the judge, within 7 days from the date of the order, makes a reasoned decision to keep the temporary number permanently or cancel it in accordance with the verification or non-compliance with the conditions required by law, and the decision made on this matter is final  ".

 Question 9: How did the law extend the procedures for registering inheritance rights?

 Articles 48 and 49 have reduced the number of documents required for a succession right register, since article 48 provides that an application for a succession register must be made on property under its jurisdiction and must be the location of the heir or someone acting in his place or  on this matter, and include the details of the heirs or heirs, as well as the data and documents provided for in Articles 22 ii, iii and iv.

 Article 49 requires that the following documents be attached to the application:

 1- legal, judicial or other documents confirming the right to inherit.

 2 - title to property, subject to the provisions of article 23, and if it cannot be granted, then subject to the provisions of article 23 bis.

 Question 10: What is the mechanism of punishment for submission of forged documents under the law?

 Chancellor Omar Marwan, Minister of Justice, confirmed in a discussion on amendments to the Real Estate Registry Act that a penalty provision was put in place to deter anyone who submits forged documents, indicating that the submission of a forged official document is punishable by the Penal Code as a criminal offense, adding: "  In this article, the penalty for the misdemeanor of presenting a fictitious ordinary contract was increased to a minimum of one year in prison."

 Article 36 bis reads: "Without prejudice to any more severe penalty, any person who produces a forged document of customary right of registration shall be sentenced, in accordance with the provisions of this Act, to imprisonment for not less than one year and a fine not exceeding £50,000, and  also the head of the office or the secretary of the office shall, as the case may be, seize the forged document, draw up a report outlining all the facts, and hand it over to the competent public prosecutor."