نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Article 15 of The Law on the Requirement to Register Real Estate Transactions (enacted in 2024) entails the repeal and amendment of certain provisions of the Building Pre-Sales Act (enacted in 2010), which significantly affects the legal structure governing pre-sales of buildings. This article adopts a descriptive-analytical method to explain and evaluate these impacts. The findings indicate that the removal of Paragraphs 2 and 4 and the Clause of Article 4 from the Pre-Sales Act constitutes one of the most notable innovations introduced by the Law on the Requirement to Register Real Estate Transactions in the field of building pre-sales. Accordingly, the requirement for a single technical certificate for each unit, a confirmation from the supervising engineer regarding the completion of the building’s foundation, and a certificate verifying the fulfillment of at least 30% of obligations concerning public and service spaces (in cases where such obligations exist toward the permit-issuing authority) have been eliminated from the list of required documents for drafting a pre-sale contract. These conditions had previously posed challenges for drafting pre-sale contracts in accordance with the 2010 law. Therefore, their removal may facilitate the conclusion of such contracts, promote investment in the housing sector, and support the proper implementation of the Pre-Sales Act. Another impact of the Law on the Requirement to Register Real Estate Transactions is the repeal of Article 20 of the Pre-Sales Act and the elimination of mandatory arbitration in such contracts. Article 20 was one of the infrequent provisions mandating arbitration in the Iranian legal system, and its proper enforcement could have contributed to the development of arbitration and the reduction of lawsuits in courts. Additionally, Article 23 of the Pre-Sales Act was repealed by Article 15 of The Law on the Requirement to Register Real Estate Transactions. This article required pre-sellers to obtain advertising permission from the competent authorities before any action to promote or advertise any pre-sale. Overall, the reforms introduced by the Law on the Requirement to Register Real Estate Transactions could help resolve some of the existing issues in this and may help attract more investment into the construction industry.
کلیدواژهها English