5. Question: What is the right to build a plot?
- Answer. The right of development is the right of a person to build buildings and structures in accordance with established rules and regulations, as well as the requirements on the importance of land, to renovate or demolish them, and to possess and use that property during the period of development right. (Article 2041 of the RA Civil Code)
6. Question: Can state-owned or community-owned land be provided with the right of development?
- Answer. State or community owned lands are granted with the right of development only from the lands defined by Article 60 of the Land Code of the Republic of Armenia. 7. Question: How can the right of land development be managed? - Answer. The person entitled to the development may exercise that right to transfer to another person, freely lend, pledge it, as well as perform other transactions with the right to the development. (Article 2041 of the RA Civil Code) 8. Question: How can the functional significance of residential homes and apartments change? - Answer. The change of the operational significance of the apartments to the industrial, public or other operational significance shall be effected in the manner prescribed by law or other legal acts. (Article 222 of the RA Civil Code)
9. Question: Where are the applications for state registration of real estate or information after January 1, 2012?
- Answer. Applications for state registration or information on real estate rights starting January 1, 2012 must be submitted to the new units created within the structure of the State Committee of the Real Estate Cadastre at the Government of the Republic of Armenia, service offices whose main function is to receive applications and final documents from citizens (certificates, references) provision, and as of November 10, 2016 applications for state registration of real estate rights or providing information may also be submitted by the Government of the Republic of Armenia dated 27.11.2016. to operators approved by Decision No. 1109-N (Haypost, Ardshinbank, Converse Bank and Ameriabank)
10. Question: Should applications for state registration of real estate or information be submitted to the customer service office or operator's branch (Haypost, Ardshinbank, Converse Bank and Ameriabank) in whose service area the real estate in question is located?
- Answer: Requests for state registration or information on real estate rights may be submitted to any service office or operator's branch of the State Committee of the Real Estate Cadastre at the Government of the Republic of Armenia, irrespective of the location of the real estate. The same applies to the documentation based on the application, which can be obtained again from the applicant, as well as from any other service office or operator's branch.
11. Question: Do you need to obtain a certificate or certificate based on the application from the service office where the application was made?
- Answer. The receipt provided to the applicants for state registration of real estate rights or information shall include the application entry number, which is also a code, which will enable the applicant to follow the application process through the official website of the State Committee of the Real Estate Cadastre at the Government of the Republic of Armenia.
12. Question: In case of real estate sale, which party should submit the contract to the Office of the Staff of the State Committee of Real Estate Cadastre under the Government of the Republic of Armenia or the Operator's Branch for State Registration?
- Answer. Each of the parties to a transaction may submit an application for state registration of rights arising from transactions, including contracts of sale.
13. Question. Can any real estate contract be concluded from January 1, 2012 at the State Committee of Real Estate Cadastre Service Office adjunct to the Government of the Republic of Armenia?
- Answer. Real estate transactions in the service offices of the Staff of the State Committee of the Real Estate Cadastre under the Government of the Republic of Armenia may be concluded only on the basis of exemplary contracts approved by the Government of the Republic of Armenia. If the parties need to include additional terms not provided for in the exemplary contracts, then the transaction will require notarization.
14. Question. How to get an apartment or non-residential building under construction?
- Answer. When acquiring an apartment or a non-residential area in an apartment building or subdivision, the relevant portion of the land is acquired with the right of ownership. (Article 224 of the RA Civil Code)
15. Question. What is the right to use living space?
- Answer. The right to use the living space is the right of the person to live in another person's living space. (Article 225 of the RA Civil Code)
16. Question. What is a mortgage?
- Answer. Mortgages are considered the pledge of real estate, as well as the pledge of the right to build land. (Article 260 of the RA Civil Code)
36. Question. Can only the land be pledged without the buildings and structures attached to it?
- Answer. No, as in the case of a land mortgage, the right to pledge also applies to the buildings and structures of the pledgee located or under construction in that land. (Article 265 of the RA Civil Code)
17. Question. Can a plot of land be mortgaged?
- Answer. The pledgor has the right, without the pledgee's consent, to build buildings and structures on the land pledged under the mortgage contract, unless otherwise provided by the mortgage contract. The right to pledge also applies to these buildings and structures by virtue of law. (Article 267 of the RA Civil Code)