Part 1: Establishment of the Department of Real Es
Article 1
A Department of Real Estate Registration and Notarisation (hereinafter “the Department”) shall be established and affiliated to the Minister of Justice and based in the city of Doha. It shall be specialised in real estate-related certification and shall perform the following:
1. Viewing, surveying and identifying real estate and drawing plans thereof, as well as calculating the size of the area.
2. Preparing printed forms for the most important contracts whose registration is required by law, and presenting same to stakeholders for guidance.
3. Keeping records of certifications in books prepared for this purpose.
4. Attesting stakeholders’ signatures on the certifications to be registered.
5. Marking certifications in a manner that indicates their final registration.
6. Keeping copies of registered certifications.
7. Keeping the originals of certifications after serving copies thereof on the competent authorities.
8. Preparing indexes of all certifications.
9. Attesting signatures on hand-written copies of certifications, as well as real estate and other certificates.
10. Permitting stakeholders to access certifications and records relevant to them.
Article 2
The originals of certifications, books or related documents may not be removed from the Department. However, the judicial authorities may peruse and return them.
Part 2: The Right to Own Real EstateArticle 3
1. The right to own real estate shall be limited to Qataris. Exception may be granted to a person who belongs to an Arab State by nationality on condition of reciprocity and under the conditions set forth by the government.
2. The nationality of applicants for real estate registration shall be verified by their passports or by any other official document deemed sufficient by the Department as proof of citizenship, after taking the opinion of the Director of the Department of Immigration, Passports and Nationality.
Part 3: Registrable CertificationsArticle 4
All acts that would create, remove or change a property right or another property right in kind, as well as final judgments confirming the same, shall be registered. The lack of registration shall mean that the aforementioned rights shall not be moved, transferred, or changed whether between the stakeholders or third parties. Non-registered contracts shall have no effect other than the personal obligations between the contracting parties.
Part 4: Registration ProceduresArticle 5
Registration procedures shall be executed upon the request of stakeholders or their assignees, and applications shall be recorded according to the dates of their submission in the books prepared for this purpose by the Department.
Article 6
The following certifications shall be registered:
1. Personal details of individuals, particularly their name, surname, age, nationality, place of residence, father’s name and last name.
2. A statement describing those persons who act on behalf of others and the extent of their powers.
3. The data necessary for the identification of a property and, in particular, its location, area, parameters and borders.
4. The subject of the certifications that must be registered.
5. The title deed or incorporeal right which is subject to disposition.
6. A statement of the prescribed incorporeal rights assigned to any disposition of property if any.
7. An acknowledgement by the owner of the disposed property that he inspected the property and accepted it in its existing condition at the time of contracting.
Article 7
The Department shall complete the data regarding the description of the property and the origin of ownership or right in rem based on the documents presented by stakeholders. Where the Department deems such documents insufficient to complete the registration procedures, it shall return the application to the stakeholders, indicating the shortcomings that must be fulfilled.
Article 8
1. The Department of Engineering Services shall undertake the engineering procedures and review the application, paying particular attention to inspection of the property on the ground to verify its location, parameters, contours and borders, and it shall also review the subsequent application documents of ownership and the allocation thereof on the related maps.
2. The Department of Engineering Services shall also prepare a file for each transaction showing the number and date thereof. The file shall then be handed over to the Department at the completion of these procedures and the Department shall affix the number and date of final registration on the application and save the file.
Article 9
All transactions on certifications shall be prepared by the Department in the Arabic language, clearly written and with no additions, insertions or scratches. The signatures of stakeholders shall be certified by the employee concerned in the presence of two rational adult witnesses and then registered in the books prepared for that purpose.
Article 10
Certifications shall be checked to indicate that they have been registered, photocopied and saved in accordance with the systems and regulations prescribed by the government's legal adviser.
Part 5: Registration BooksArticle 11
The following books shall be prepared at the Department:
1. Application books containing a register of registration applications with serial numbers in the order of submission.
2. Attestation books containing attestation of signatures with serial numbers, the names of stakeholders and their place of residence, the names of witnesses, and the name of the employee in charge of the signatures and certifications.
3. Final registration files proving certifications with serial numbers according to the sequence of submission to the competent officer. The numbering shall begin at number one on the first day of January and end at the last number on the thirty-first day of December of each year.
4. Index files including the alphabetical names of all stakeholders in the certifications and the paper work number and date.
5. Photocopy files containing photocopy requests, file numbers and dates, the names of the stakeholders, and the date of delivery of the photocopy to the applicant.
Article 12
The books mentioned in the preceding article shall be page-numbered and shall indicate the date of commencement and the end thereof each year.
Article 13
The Department may prepare any other books in addition to the books listed above if it deems necessary for the workflow.
PART 6: Attestation of SignaturesArticle 14
1. The employee-in-charge shall attest the signatures of stakeholders after verifying their identities via the testimony of two rational adult witnesses known to such employee or proved by their identity documents.
2. The two witnesses shall sign the certifications and the registry as proof of the identity of the parties to the contract and as proof of the correctness of the data contained therein.
Article 15
Before the stakeholders sign their documents, the employee-in-charge shall ascertain that the stakeholders are aware of the subject of the certifications they wish to sign. The said employee shall read the documents aloud and show the stakeholders the contents thereof without influencing or coercing the parties to the contract.
Article 16
After signing the certifications the employee-in-charge shall prepare the minutes for ratification of the signatures and he shall append the names of stakeholders and witnesses, their place of domicile, and his own signature at the end of the minutes.
PART 7: FeesArticle 17
1. Registration fees of contracts and certifications, surveys, mapping and technical planning shall be collected according to each category and on the basis set out below, and, before executing such works, title deeds, certificates or statements, registers or copies shall be issued in accordance with the following:
A. Registration of contracts and certifications:
|
Subject |
Fees |
Fee basis |
Payee |
|
Sale |
Quarter percent |
Contractual price |
Buyer |
|
Barter |
Quarter percent |
Whichever is higher |
Barters, 50/50 |
|
Gift or will, for non-assets or branches or pairs |
Quarter percent |
Real estate value |
Beneficiary |
|
Gift or will for assets of branches or pairs or inheritance |
25 riyals |
|
Beneficiary |
|
Inheritance |
Quarter of a thousand |
Real estate value |
Heir |
|
Mortgage |
Quarter of a thousand |
Debt amount |
Mortgage creditor |
|
Proof of ownership |
Quarter of a thousand |
One dirham per meter of the property area, 25 riyals minimum. |
Ownership applicant |
Survey, maps and technical charts:
i. Fifty (50) riyals for each property with an area less than one thousand (1,000) square meters
ii. One hundred (100) riyals for each property with an area greater than ??one thousand (1,000) square meters and less than three thousand (3,000) square meters
iii. One hundred and fifty (150) riyals for each property with an area of three thousand (?3,000) square meters or greater
These fees shall include the cost of delivery of one copy of the map or chart to the person concerned.
B. Title deeds, mortgage certificates, data, images, copies or registers:
i. Title deed - 10 riyals (reduced by half if the property is shared)
ii. Mortgage certificate - 5 riyals
iii. Statement, image, copy or registration - 5 riyals
iv. Property plan - 5 riyals
2. The Department shall estimate the value of the property where necessary, and where a concerned person objects to such estimation the Real Estate Registration and Notarization Commission shall estimate the value of the property. The Commission’s decision shall be by an absolute majority of its members, final and not subject to appeal.
3. All fees shall be collected by affixing fiscal stamps to official papers and stamping them with the official seal to prevent any use thereafter.
4. No fraction of a fee shall be collected as a percentage or as part of a thousand.
Article 18
The following official correspondence shall be exempt from fees:
1. Permits issued in the interest of the government, public institutions and public bodies. Permits issued by these entities in the interest of others shall be charged fees.
2. Gifts, bequests and endowments for charitable causes.
3. Contracts, papers and documents relating to real estate allocated by the State to citizens in accordance with Law No. 1 of 1964 establishing a system of popular housing, as amended, or Decree No. 7 of 1977 organising housing for senior Qatari officials, or any related laws, regulations or decisions or systems currently in force.
4. Certifications of exit, waiver, settlement and jurisdiction between the heirs, based on the judgment or decision of the Shariah Court.
5. Other cases where total or partial exemption from fees is decided by an Emiri decree.
Part 8: Temporary ProvisionsArticle 19
http://almeezan.qa/LawArticles.aspx?LawArticleID=32471&LawID=2465&language=en1. The names of owners of rights in rem registers in accordance with the text of the previous article in the Official Gazette shall be announced and the announcement shall be posted in places determined by the Minister of Justice for a period of sixty (60) days. The lapse of this period without objection from stakeholders shall mean that such rights remain constant, and owner shall be given an official document to that effect by the Department.
2. Where objection is made to one or more of the rights whose owners’ names are announced, the Department shall refer the objection within fifteen (15) days of its submission to the court for consideration.
The registration shall be adjusted according to the rule to be issued, and the Department shall grant to the person favoured in the judgment a document confirming his right.
Need for review of Article 20 of Law No. 10 of 1987 on public and private State property, which provided for the extension of the deadline mentioned
Article 20
1. The names of owners of rights in rem registers in accordance with the text of the previous article in the Official Gazette shall be announced and the announcement shall be posted in places determined by the Minister of Justice for a period of sixty (60) days. The lapse of this period without objection from stakeholders shall mean that such rights remain constant, and owner shall be given an official document to that effect by the Department.
2. Where objection is made to one or more of the rights whose owners’ names are announced, the Department shall refer the objection within fifteen (15) days of its submission to the court for consideration.
The registration shall be adjusted according to the rule to be issued, and the Department shall grant to the person favoured in the judgment a document confirming his right.
( as it is amended in law no ( 5 -year 1970)
Article 21 Any provision in another law that contravenes the provisions of this Law shall be repealed.
Article 22
All competent authorities, each in their respective jurisdiction, shall enforce this Law, and the Deputy Governor is authorised to issue the necessary decisions to implement it.
Article 23 All competent authorities, each in their respective jurisdiction, shall enforce this Law, and the Deputy Governor is authorised to issue the necessary decisions to implement it.