Land and Property

 Acquisition & Ownership of Land & Property

Azerbaijani law provides for the following basic rights in land: (I) ownership; (II) lease; and (III) use. The real estate in the Azerbaijani legislation is best matching the term "immovable property". Pursuant to the Law on State Register of Immovable Property (the "State Registration Law"), creation of rights in property (ownership and other rights), transfers and termination of rights are subject to state registration with the register of immovable property.

The register in accordance to the State Registration Law will be available to a limited list of persons entitled to receive information on data maintained in the Register. As a general rule, registration of property rights over immovable property shall be accomplished within 20 days.

The State Registration Law contains special provisions in respect of registration of certain rights in immovable property:

  • Ownership and other property rights regarding unfinished construction of immovable property can be registered in advance.
  • Property right regarding individual apartments in unfinished buildings or non-residential properties and mortgages thereon can also be registered in advance.
  • In the event immovable property is leased or given for use for a period exceeding 11 months, such right shall be registered by either party of a lease or use agreement

Temporary land use right is granted for up to 99 years and may be extended by the parties. A perpetual land use right is granted for an indefinite period. The holder of such rights is liable only for the land tax for the land use. Perpetual and temporary land use rights are granted by the state and municipalities only in exceptional circumstances to a limited number of persons listed in the Land Code. Landowners may grant perpetual or temporary land use rights under an agreement with the land user. Land use terms are defined by an agreement between the landowner and the land user.

 Fore more information please see our "Doing Business in Azerbaijan" publication


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