The requirement for official registration of real estate transactions is one of the fundamental principles of objective registration systems that have been developed with the aim of stabilization ownership, ensuring legal security, and organizing the real estate market. In Iran, the Real Estate and Documents Registration Law of 1310, despite providing regulations related to the registration of transactions in Articles 46, 47, and 22, faced challenges due to differences in judicial and registration procedures and failed to fully achieve its fundamental goals. Following this gap, the “The Law on the Requirement to Register Real Estate Transactions” was enacted as a fundamental amendment in 1403, one of the central goals of which is to promote transparency, facilitate the registration process, and increase security in real estate transactions, especially properties under construction.
The research findings show that despite the fundamental differences in substance between the pre-sale contract and the construction partnership contract, the legislator has extended the pre-sale regulations to partnership contracts due to the commonality of some legal effects and has established the requirement for official registration for these contracts; on the other hand, some specific pre-sale provisions are related only to sales transactions and a distinction must be made between them and the general regulations applicable to partnerships. Also, by replacing the issuance of a unique identifier instead of the requirement to submit a construction permit, while facilitating the registration process, challenges such as reducing the accuracy of information and administrative ambiguities have arisen. Therefore, it is necessary to observe a precise and detailed distinction between these two contractual entities in the interpretation and implementation of the relevant laws and to formulate clear by-laws in order to create greater legal security and transparency in real estate transactions under construction. The research method of this research is descriptive-analytical and based on desk studies.