"Simplified corruption construction-6"

A week after the publication of the article "Simplified corruption construction-5"  http://contact.az/ext/news/2017/2/free/Want%20to%20Say/en/60398.htm  On 6 March, Turan Agency sent a letter to Prime Minister Artur Rasizade, which indicated that when registering the right to built housing, the State Property Committee (SPC) requires the developer to present a building permit from the  Executive Power. At the same time, the SPC refers to the Decision of the Cabinet of Ministers No. 4 of January 12, 2015 "Rules on the Composition of Information on Buildings in the State Register, the Submission of These Information and the Maintenance of Their Registry," namely, 3.1.1.

The letter noted that the requirement of the Rules contradicts the  Article 80 of the Notification Proceedings of the Town Planning and Building Code (SCP), which does not require a building permit. Thus, taking into account the rule of law over the Rules, it is necessary to remove the contradiction and remove from the clause 3.1.1 of the Rules the requirement "Copy of the building permit", or to note that it does not concern the notification proceedings.

In connection with the foregoing, the agency asked to take immediate measures to bring the "Rules on the Composition of Information on Buildings into the State Register, the Submission of These Information and the Maintenance of Their Registry" in line with the SPC.

The agency's letter was forwarded by the Cabinet to the State Committee for Property Issues and the State Committee for Urban Development and Architecture. First sent a reply to the State Property Agency. In a letter dated April 3, Deputy Chairman Rafik Jalilov stated that state registration of the right over immovable property erected on the basis of notification proceedings is carried out in accordance with Article 8.0.10.2 "On the State Register of Immovable Property" of the AR. In accordance with it for registration of property rights must be submitted to the local units of the State Service of the Real Estate Register:

1. A document confirming the right to own land, including a lease or use agreement,

2. Architecture-planning of the construction project,

3. Letter of notification on the completion of construction, sent to the executive branch.

If there are no legitimate grounds for refusing to register, then in this case the issuance of an extract from the state register is ensured, reads the letter by Jalilov.

The letter also says that according to paragraph 1.4 of the "Rules on the Composition of Information of Buildings Included in the State Register on Providing Such Information and Maintaining Their Registry", the register is maintained by the State Committee for Urban Development and Architecture.

On 13 April  the Head of the State Committee for Urban Development and Architecture Agamirza Canmirzayev sent a letter to the Turan agency stating that on March 31, 2017, the Cabinet of Ministers amended paragraph 3.1.5 of the "Rules on the Composition of Information on Buildings Included in the State Register," Provision of these information and maintenance of their register ", according to which, in case of application of notification production, the following documents should be submitted to the State Real Estate Register Service Options:

1. Copy of the section of the  master plan of development

2. A copy of the architectural and planning section of the construction project, including only the basements, floors, plans for the roofs, partitions and facades of the object under construction.

Comparative Analysis

Thus, the State Property Committee, referring to Articles 8.0.10.2 "On the State Register of Immovable Property" of the Azerbaijan republic, requires in the number of documents for property registration, to submit a "notification letter on the completion of construction sent to the executive branch".

But, firstly, the Urban Planning and Construction Code does not provide for such a provision as a "notice of completion of construction", and secondly, Article 80.6 of the  SPC states: "The relevant executive authority within 3 working days from the expiry of the deadline  noted in the second offer of Article 80.4 of this Code (within 10 days in the presence of a detailed plan for this territory and within one month in the absence of such or expiration of its term), provides relevant data on the construction project in the State Register endowment structures. This information is posted on the website of the State Register of Buildings during three working days. "

From this provision of the Code it follows that there is no need to notify the completion of the construction of the local executive power by the developer.

The Law "On the State Register of Immovable Property" of the Azerbaijan Republic was adopted in 2004, and Article 8.0.10.2 contradicts the Town Planning and Building Code, updated in 2016, and the philosophy of legislation and the political will of the state to simplify notifying production.

In this regard, we consider it expedient to remove from this Article the requirement for a "notification letter on completion of construction sent to the executive branch".

We also believe that the supervision over the implementation of the architectural and planning section of the construction project stipulated in Article 80 "Notification Production" of the SPC should lead to the local units of the State Real Estate Registry Service, as they will eventually verify the compliance of the completed structure with the architectural and planning section Project.

Local executive power is an unnecessary corruption link in this process of simplified construction.