The Government of the Republic of Macedonia, in its program for the period 2014-2018, incorporated a project that shall enable electronic concluding of real estate purchase agreements.
For the purposes of implementation of the project, an appropriate legal amendment has to be introduced within the Law on Construction Land, which will regulate the procedure for electronic sale of construction land owned by the Republic of Macedonia, as well as the manner of concluding the real estate purchase agreements. Therefore, an amendment of the provisions of the Law on Construction Land is inevitable.
The new Law on Construction Land is based the principles of guaranteeing the right to property and its legal protection, creating rights and obligations that serve the good of the individual and the community, distinguishing the rights over construction land from the rights on the object, establishing profitable relationships in the field of construction land, transparency in process of sale of construction land owned by the Republic of Macedonia and efficiency in process of the sale of construction land.
The Law on Construction Land regulates the rights and obligations regarding the construction land, arrangement of the construction land, conditions and manner of disposal of construction land, as well as other issues of urban land. The essential novelty of this law is the way of the procedure.
The Law on Construction Land predicts a new procedure, essentially a new way of conducting the proceedings concerning the Law regarding the alienation, long and short-term lease of land, the establishment of the easement and permanent use. The new procedure imply that the submission of the request until the registration of land title deed to the new owner will be conducted electronically without any physical contact between the applicant and the officer conducting the procedure.
This means that the applicant via computer will electronically submit the request to the relevant municipality or the ministry, depending on who manages the construction site.
Electronic Agreement will be submitted to the State Attorney's Office, which shall give its opinion. If positive, solemnization by a notary shall be conducted.
Furthermore, the clerk who is responsible to work the subject shall electronically require from the person that initiated the procedure to pay the compensation for selling or leasing the construction land owned by the Republic of Macedonia. After payment of the fee, the applicant will electronically attach the payment receipt and will electronically submit the agreement to the State Attorney's for issuing of an opinion. If there is a positive opinion, the documentation is electronically submitted to the competent notary to perform solemnization and also electronically submitted to the relevant municipality for payment of the tax. The calculation of the tax is electronically submitted to the applicant in order for the fee to be paid. After the payment of the tax, the notary confirms the solemnization and electronically submits the Agreement to the Cadaster Agency for registering the change in public records for registration of rights to real estate.
The above changes are implementing fast and efficient administrative procedure, which will be a gain for all subjects.
By Dragan Dameski, Partner, and Martin Boskoski, Senior Associate, Debarliev, Dameski & Kelesoska Attorneys at Law and member of TLA.
