A new law aims to facilitate and speed up the registration process
The registration of real estate is necessary from the outset in order to ensure the validity of the title to the property and to ensure its enforceability against third parties1. However, according to the Minister of Justice of Egypt, more than 90% of Egypt’s properties are unregistered! Apparently, most properties in Egypt have customary contracts.
In May 2022, Egypt introduced the new real estate registration law no. 9 to facilitate the registration process of a citizen’s real estate and property. In the past, the procedures for real estate registration were very complicated, and many people found difficulty in registering their properties. For that reason, Egypt introduced amendments to the law to put an end to all these complications and make the process as simple as possible.
With the new law, the payment of the real estate excise tax, which is imposed on the seller when he sells his property, has been separated from the property registration procedures. In addition, while according to the old law, if someone buys an apartment and more than one person bought it before him, the old law required that everyone who bought it before him register it, in the new law it is not required and it can be registered since he bought the apartment. As a result, the requirement to provide evidence of a property’s chain of custody has been removed from the procedures.
In the following, we will explain the whole process of registering your property, which now takes a maximum period of 37 days (instead of 2 years as per the old law) of which 30 days are for registration and 7 days are for any complaints.
This article outlines the
- cases subject to registration and the documents required during the registration process (I.1. – I.7.),
- registration procedures (II.), and
- fees (III.).
The Real Estate Registration and Authentication Office issued 7 different forms for property registration depending on each property case. Each form clarifies the documents required for each property case and each form has a different color. We will review each property case individually.
In order to prepare this overview, we studied the
- Egyptian Civil Code (No. 131 of 1948),
- Real Estate Registration Law (No. 114 of 1946), as well as the
- Law amending the Real Estate Registration Law (No. 9 of 2022).
- Property cases subject to registration and required documents according to each event:
- Any act (or contract) that leads to the transfer, creation, modification, extinction, or confirmation of a principal or an ancillary real right (such as ownership, servitude, usufruct, habitation, Hikr, mortgage, and pledge). An example of this case is a consensual sale contract or a contract for the division of joint property.
The following documents are required:
- Information confirming the identity of the parties to the contract to be registered, their powers, and their role in the contract.
- Official map coordinates showing the location of the property, or any other official document providing this information. In practice, this takes the form of a documented cadastral certificate issued by the Technology Center for the Real Estate Cadastral Registration.
- Declaration of the owner of any existing personal or real rights to the property to be registered.
- The title deed of the real estate to be registered (the title deed contract of the seller or the previous owner).
- A power of attorney from the seller authorizing the buyer to sign the final deed of sale before the real estate notary, in the case of a sale contract.
- Income statement of the property from the Egyptian Real Estate Taxes Authority.
- Building license if the building was constructed before 1992.
- Final Judgements on the transfer, creation, modification, extinction, or confirmation of the mentioned principal or accessory real rights.
The following documents are required:
- Official map coordinates showing the location of the property, or any other official document providing this information. In practice, this takes the form of a documented cadastral certificate issued by the Technology Center for Real Estate Cadastral Registration.
- Declaration of the owner of any existing personal or real rights to the property to be registered.
- The official judgment issued by the court.
- A certificate from the court stating that the judgment is final.
- Income statement of the property from the Egyptian Real Estate Taxes Authority.
- Building license if the building was constructed before 1992.
- Public utility bills (gas or electricity bills) showing the name of the person in whose favor the judgment was issued, in the case of judgments establishing ownership by possession2.
- The preliminary contract examined by the court and the registered statement of the claim submitted to the Court, in case of judgments of declaring ownership.
- Leases and other documents relating to the use of the property, if the term of the document exceeds 9 years.
The following documents are required:
- Information confirming the identity of the parties to the lease contract to be registered, their powers, and their role in the contract.
- Official map coordinates showing the location of the property, or any other official document providing this information. In practice, this takes the form of a documented cadastral certificate issued by the Technology Center for Real Estate Cadastral Registration.
- Declaration of the owner of any existing personal or real rights to the property to be registered.
- The official lease contract.
- Release and transfer of more than three years’ rent in advance.
The following documents are required:
- Information confirming the identity of the parties to the release or transfer to be registered.
- Official map coordinates showing the location of the property, or any other official document providing this information. In practice, this takes the form of a documented cadastral certificate issued by the Technology Center for Real Estate Cadastral Registration.
- Declaration of the holder of any existing personal or real rights to the property to be registered.
- The release or transfer document.
- Statutory declaration of Inheritance or any other act confirming the right to inherit.
The following documents are required:
- Information confirming the identity of the parties to the declaration of inheritance statement to be registered.
- Official map coordinates showing the location of the property, or any other official document providing this information. In practice, this takes the form of a documented cadastral certificate issued by the Technology Center for Real Estate Cadastral Registration.
- Declaration of the holder of any existing personal or real rights to the property to be registered.
- The official declaration of inheritance statement.
- The title deed (contract of ownership) of the predecessor in title.
- Claims to any of the real rights, and claims to the validity of the real rights contract.
The following documents are required:
- Information confirming the identity of the claimant of the claim to be registered.
- Official map coordinates showing the location of the property, or any other official document providing this information. In practice, this takes the form of a documented cadastral certificate issued by the Technology Center for Real Estate Cadastral Registration.
- Declaration of the owner of any existing personal or real rights to the property to be registered.
- The official statement of claim submitted to the court.
- Material facts that lead to the creation, transfer, modification, extinction, or confirmation of a real right, such as the acquisition of possession ownership3 or possession accompanied by a deed, even if it is a customary deed. These facts must be published by means of registration, within a period of five years from the date of creation of the right, provided that the right has been exercised in good faith until the registration.
The following documents are requested:
- Information confirming the identity of the persons holding the right to be registered.
- Official map coordinates showing the location of the property, or any other official document providing this information. In practice, this takes the form of a documented cadastral certificate issued by the Technology Center for Real Estate Cadastral Registration.
- Declaration of the holder of any existing personal or real rights to the property to be registered.
- Income statement of the property from the Egyptian Real Estate Taxes Authority.
- The customary (unofficial) document or contract establishing the ownership, if any.
- Public utility bills (gas or electricity bills) showing the name of the person in whose favor the title is to be registered.
- Registration Procedures according to the Law and practice:
- The registration process begins with the submission of an online application for a “Documented Survey Certificate” at the online portal of the Technology Center for Real Estate Cadastral Registration and paying the required fees.
- Once the application has been received, the Center will contact the applicant and a specialist will carry out the cadastral survey of the property.
- The documented certificate is issued and sent to the applicant and the cadastral survey is successful.
- The holder of the right of registration, or his representative, then submits an application to the competent Real Estate Registry where the real estate is located.
- The application can also be made online on the website of the Registry. However, the website is not always available.
- The applicant must submit all the required documents.
- The applicant fills in the required information on the application form, thereby creating a draft of the document to be registered.
- The application must be signed by both parties to the contract or the beneficiary of the document in other types of documents such as court judgments.
- The applicant submits the application together with the prescribed fees (specified in the application).
- The official receives the application and assigns it to a number and a date and time of receipt. If more than one application has been submitted to the Notary for the same property, they will be examined in chronological order of their date of submission to the Notary. Each application will not be examined before the previous one.
- Within 24 hours, the applicant will receive a text message to the phone number provided in his application, confirming the initial acceptance of his application or its rejection if the required information is not provided.
- In the case of missing documents, the procedure will be suspended, and the applicant will be notified to remedy the deficiency within 15 days.
- Officials examine the documents and sign them as ready for registration, then they are documented or, in the case of unofficial documents, ratified.
- The application and the documents are then returned to the competent registry office to be certified, copied, stored, and recorded in the specialized books of the registry, all within 37 days from the date of submission of the application.
- The document is recorded as registered.
- The applicant is notified by a text message that the process is complete and that the document has been successfully registered.
- Fees
This law sets a maximum fee of 3900 Egyptian pounds only for the registration of real estate and apartments.
- Conclusion
The new law (No. 9 of 2022) amending the Real Estate Registration Law (No. 114 of 1946), appears to be a solid step forward from a legal and practical point of view, as it partially eliminates the money wasted in the registration process. It also shortens the registration period.