Law No. (5) of 2024 Regulating Real Estate Registration (the Real Estate Registration Law), was published in the Official Gazette on 5 June 2024 and takes effect from that date. The Real Estate Registration Law repeals and replaces Law No. (14) of 1964 on the Property Registration Regulation (the Repealed Law) and introduces several significant new changes. It also aims to enhance real estate registration services by introducing, among other things, electronic registration and facilitating easier access to real estate registration services.
Key Changes
The Real Estate Registration Law provides that a Real Estate Registration Committee (the Committee) will be established within the Ministry of Justice. Its formation, duties, and remuneration will be determined by a decision of the Council of Ministers. The duties of the Committee will include, among other things, considering applications to register real estate, considering objections submitted by concerned parties relating to state owned property, and considering objections relating to the assessment of the value of real estate issued by the Real Estate Registration and Authentication Department (the Department).
Furthermore, the Real Estate Registration Law introduces for the first time digital real estate registration. It states that electronic documents, applications, and other transactions now have the same legal effect as original hard copy documents. This is a significant development and is aligned with the Qatar National Vision 2030 and Qatar’s digital transformation efforts. The procedures, requirements, and conditions of digital real estate registration will be determined by a decision issued by the Minister of Justice.
The Real Estate Registration Law also clarifies the manner in which real estate may be apportioned into units, apartments, or multi-plots and subsequently registered. Whilst this apportionment was permitted previously, the process used to be overseen solely by the Ministry of Municipality. The Real Estate Registration Law provides that the Ministry of Justice is now involved in this process and its role includes reviewing the apportionment applications and documents before the applications are submitted to the Ministry of Municipality for approval.
The Real Estate Registration Law provides definitions for key terms and concepts, which were notably absent in the Repealed Law. Incorporating these definitions will assist both users and the relevant regulators in interpreting and applying the provisions of the Real Estate Registration Law.
The Real Estate Registration Law states that the real estate register (the Register) maintained by the Department must now include details of all property transactions that create rights, including establishing, transferring, or removing any ancillary real estate rights, which will also be recorded on the relevant title deed of such property. In addition, all court decisions relating to such transactions must be recorded in the Register. Another addition made by the Real Estate Registration Law is that heirs to property are now required to register their inheritance certificate with the Department when it includes any property rights. These requirements and procedures vary from the position under the Repealed Law, which only required certain property transactions to be registered.
Failure to comply with the registration requirements under the Real Estate Registration Law will result in fines up to QAR 500,000 or three years’ imprisonment (or both). It is worth noting that the Repealed Law did not include any penalty provisions. The introduction of penalties for noncompliance emphasises the importance regulators are placing on registration requirements.
The executive regulations of the Repealed Law will continue to apply until the new executive regulations are issued, except where they contradict with any of the provisions of the Real Estate Registration Law. We expect that the new executive regulations will set out the detailed requirements and procedures under the Real Estate Registration Law.
The Real Estate Registration Law marks an important step in the development of the laws concerning real estate ownership, use, and regulation in Qatar. These provisions will provide greater comfort and certainty to real estate owners and financiers as well as local and international investors.
