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What is Law No. 114 of 1946 and its executive regulations regarding the regulation of real estate registration?

قانون الشهر العقاري

Egypt is considered as one of the most countries in the world dealing in the real estate market, and the real estate market in Egypt is also one of the biggest markets in which all groups, whether individuals or companies, deal in it since the royal era in Egypt, so Law No. 114 of 1946 was issued during the reign of King Farouk When many transactions appeared at this time in the real estate market, and transfer of ownership and registration.

The latest amendment to the law issued after Parliament’s approval by adding Article 35 repeated of the Real Estate Registration Law No. 114 of 1946 as follows:

The Arab Republic of Egypt has been keen to push the wheel of development in the real estate field, therefore it seeks to find solutions to the problems facing the field of real estate investment, one the problems is the difficulty of transferring the ownership procedures, and the law has worked to solve this problem by adding An article updated from Law No. 186 of 2020 No. (35 repeated) to Law No. 114 of 1946 organizing the real estate registry, which included an innovative method for transferring ownership, simplifying registration procedures and shortening its cycle in order to urge citizens to prove their real estate ownership.

Parliament’s approval of amendments to the Real Estate Registration Law and the issuance of the executive regulations:

  • Resolution No. 9310 of 2020 has been issued to amend the provisions of the executive regulations of the Real Estate Registration Law, stating that any requests for registration, transfer, determination, change, or extinction of the original real estate rights that have been separated in the subject of the dispute are required for the office secretary to give a temporary number or entry in a special register For each one of them is prepared for that after paying the prescribed fee, and the owner of the concern is given a temporary number, and it is published in one of the widespread daily newspapers , to those who have an objection to the registration, and the temporary number turns into a final number, this when there is no objecting to it or rejecting the objection, and it is possible to object to the issuance of the temporary number before the judge of temporary matters within a month from the date of its publication in one of the daily widespread newspapers at the expense of the person concerned, provided that the judge issues a reasoned decision accepting the objection and canceling the number or rejecting the objection within seven Days from the date of raising the objection to him, supported by the documents supporting it, and the decision issued in this regard is final, and thus a new way is opened for registering the property, the final provisions are applied, and its validity is respected, if the objection is not at the specified time the temporary number turns into a final number, and if the objection is accepted, the court clerk’s office informs the relevant office to cancel the temporary number.
  • This article focuses on the final provisions related to real estate rights, such as the validity and enforceability of acts such as sales and donation contracts and property acquisition claims such as pre-emption and ownership confirmation, and regarding the validity claim, it is only that it falls outside the scope of the provisions. It has nothing to do with the registration procedures in the real estate registry, and it is nothing but a conservatory lawsuit that prevents the party from contesting its opponent regarding the validity of the signature on the document.
  • -Article 35 repeatedly stipulates that companies (water – electricity – gas) agencies ministries and government departments are prohibited from transferring facilities and services, and no action is taken related to the real estate until the owner of the concern submits the document bearing the number of the registration.

 New articles have been added to the executive regulations of the Real Estate Registration Law, with numbers 21 repeated, 21 repeated A, 21 repeated B, as follows:

Article 21 repeated: Submitting any requests for registering, transferring, reporting, changing, or extinguishing judgments proving the original real property rights if they are based on the acknowledgment of the original right, or handing over to the plaintiff of his requests or documents for reconciliation between litigants, from the concerned parties to the competent office, from three copies including:

  1. Data of the verdict to be made public, and indicating its final.
  2. All the necessary data to designate the property subject of judgment.
  3. The assignment data if the subject matter of the document requires a change in the assignment books.
  4. Data related to the original real estate right subject to judgment.
  5. A statement of the real rights established on the real estate subject of judgment.
  6. Real estate transaction certificate.
  7. A certificate approved by the competent governor or the head of the competent authority (or whoever he delegates) stating that there are no violations of the property or the unit dealing with it.
  8. Acknowledgment of acceptance of the statement contained in the judgment.
  9. Acknowledgment of payment of fees and costs resulting from subsequent procedures in the application or in excess of the publication secretariat.

The application shall be submitted by the concerned persons in three copies including the aforementioned and it is given by the secretary of the office a temporary number after the concerned person has paid the fees due after making sure of the validity of the data and the correctness of the description of the property subject of the judgment to be registered as described in the newspaper, but if the request requires to be presented to non-Egyptians owning offices or Sinai development authority, the temporary number will not be given until the request is approved by the competent authorities.

Article 21 repeated A: The subject of the request is published in one of the daily newspapers by the concerned person on his expense, the publication includes the subject of the request, the property subject to the judgment, the name of the plaintiff and the defendant, and it is published so that whoever has an objection can register the judgment before the judge of temporary matters within a month of date of publication.

Article 21 repeated B: The number given to the owner of the concern is transferred from temporary to final if the objection is not made during the aforementioned period, and it is indicated in the register and indexes in front of the names of the concerned persons, and the temporary number does not turn into final if the concerned person does not submit a negative certificate from the court stating that there is no objection to the requestor rejecting the objections that have been submitted, but if any objection is submitted during the above-mentioned period, the judge shall issue a final reasoned decision within seven days from the date of the presentation supported by the documents, either by acceptance or rejection, and the temporary number is canceled. The objection is accepted, the temporary number is canceled, and the court clerk’s office informs the competent office in an official form of the judge’s decision within seven days from the date of its issuance, and the office secretary cancels the temporary number and is indicated in the aforementioned register.

Procedures of the Law After Amendments:

In each real estate registry office, a special register called the register of requests for temporary registration of judgments for the provisions of Law 186 of 2020.

Requests for the registration of final judgments to be registered in the register referred to in the previous paragraph, according to the precedence of the time and date of their submission to the competent office, after paying the amount due from fees, taxes and publication trust.

Requests for registration of final judgments shall be submitted in three copies on the form prepared for that purpose, including and attached to it the following data and documents:

  1. Statements of the verdict to be made public, copied on the paper prepared for writing the documents that are obligatory, and indicating its final.
  2. All the necessary data to designate the property subject of judgment.
  3. The assignment data if the subject matter of the document requires a change in the assignment books.
  4. Data related to the original real estate right subject to judgment.
  5. A statement of the real rights established on the real estate subject of judgment.
  6. A certificate of real estate transactions in the name of the judgment against whom the judgment was issued, from the date of filing the lawsuit to the date of submitting the application for registration of the judgment.
  7. A certificate approved by the competent governor or the head of the competent authority (or whoever he delegates) stating that there are no violations of the property or unit subject to judgment or stating that a reconciliation decision has been issued.
  8. Acknowledgment of acceptance of the statement contained in the judgment.
  9. Acknowledgment of payment of fees and costs resulting from subsequent procedures in the application or in excess of the publication secretariat.

The competent office gives the final judgment that is required to be registered, the number of a publicized according to the date of its completion financially and technically, and that is from the registers of the publicized of documents, with the marking next to this number in the field of notes that it is a temporary number of the publicized according to the provisions of Article 35 repeated added to Law 114 of 1946 organizing the publicized by the above-mentioned administration with the provisional temporary number on the original application takes into account that if the application requires it to be presented to the non-Egyptian ownership office or to the Sinai Development Authority, or it requires the approval of any party, including the authorities The order to reserve or prevent the act, the ruling does not give a temporary number until receiving the approval of that authority.

Objection:

The legislator when the temporary number is given, office must publish on the same day or the next day on the concerned person expense in a widespread newspaper, the legislator placed an announcement that includes the judgment data, the property subject of the judgment, the name of the person issued for him and the one issued against him, and an invitation from the one who has an objection to submitting his objection to the registration of the judgment before the competent judge in the temporary matters within a month from the date of publication.

If no one who has the right for an objection or the competent real estate registry office submits the objection before the judge within the specified period, the temporary number turns into a final number and is indicated in the aforementioned register and the index books in front of the names of the concerned persons, and the temporary number turns into a final number except after submitting the concerned person a negative certificate of non-objection or rejection of any objection, provided that an official copy of the decision of the competent judge is attached.

The temporary number is not canceled, and it is not transferred to the final until the issuance of a reasoned decision by the competent judge, either to reject the objection or to accept it and cancel the temporary number.

If the objection is accepted, the temporary number will be canceled, and the court clerk’s office must officially notify the competent office of the decision issued by the judge of temporary matters within seven days from the date of issuance of the decision until the secretary of the office notifies the cancellation of the temporary number.

If the competent real estate registry office found from the previous reports that there is a judgment declared temporarily and inconsistent with it to submit an objection or from the engineering research available in the office or from the documents previously published or the documents kept in the office that the aforementioned judgment is inconsistent with the right Or the law center, therefore the competent real estate registry office shall file an objection.

Real estate registration now and in the future:

The new amendments that Egypt is working to encourage citizens to register their real estate with the aim of fortifying their properties, and therefore the registration procedures must be facilitated so that every person can register and protect his own and also the importance of registering real estate is the following:

  • Protection of real estate property
  • know the legal status of the property
  • Not to allow manipulation in the purchase or sale of the property more than once

It is always advised to hire a law firm that specializes in real estate and has the necessary expertise to deal with the various official authorities. We are proud of a wide experience in all registration procedures that cover all authentication offices in all governorates all over Egypt. We have handled hundreds of real estate transactions for our clients including all stages of buying, selling, leasing, and registering lands, buildings, offices, and residences.

In later updates, President Abdel Fattah El-Sisi directed the law to be postponed, and Parliament responded by agreeing to a decision to postpone the work postpone the implementation of Law 186 of 2020 amending the Real Estate Registration Law for a period of time not less than two years, although, during that period, reduced and clear fixed value will be collected when registering properties, according to the area and type of ownership, instead of the imposed tax in this regard the real estate dispositions.