Registration of real estate in the Land register

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To register real estate in the Land Register in the name of the new owner, it is necessary to sign a confirmation request with a sworn notary regarding the new owner’s property rights to the real estate. However, it is first necessary to prepare a document that accompanies this request for confirmation, and which is the basis for the change of ownership (they may be different in each individual case):

Real estate purchase agreement
  • Purchase agreement (notarization required).
  • Power of attorney if the person signs documents based on a power of attorney (notarized).
  • Waiver of the pre – emption right of the local government if the building and land in the territory of the relevant local government are alienated or
  • Refusal of pre-emption rights of the relevant state administration institution (for example, the State Inspection for the Protection of Cultural Monuments, the administration institution of a specially protected nature territory, etc.), if such is necessary or
  • Refusal of pre-emption rights fixed in the Land Register (refusal of pre-emption rights of co-owners specified in the Civil Law of the Republic of Latvia is not examined, but the co-owner, if pre-emption rights were not offered to him, has redemption rights of Article 1400 of the Civil Law the right to real estate is fixed in the Land Register in the name of the acquirer).
  • Consent of the spouse of the seller – a natural person (in cases when the property is not a separate property or there is no separation of the whole property).
  • Consent of the local government, if the land is acquired by a person who, in accordance with the laws “On Privatization of Land in Rural Areas” and “On Land Reform in the Cities of the Republic of Latvia”, may acquire land with restrictions (eg, agricultural land).
  • Consent of a third party, if prohibitions are registered in its favor in the Land Register (eg consent of a bank in favor of which a mortgage is registered).
  • Proof of payment of state and office fee. Amount of state fee.
Gift agreement registration
  • Gift agreement.
  • Consent of the giver – the spouse of a natural person (in cases when the property is not a separate property or there is no separation of the whole property).
  • Power of attorney if the person signs documents based on a power of attorney (notarized).
  • Consent of the municipality if the land is acquired by a person who, in accordance with the laws “On Land Privatization in Rural Areas” and “On Land Reform in the Cities of the Republic of Latvia” may acquire land with restrictions (eg in case of agricultural land or a statement of an indication of the nationality of the participants);
  • Consent of a third party, if prohibitions are registered in his / her favor in the Land Register (eg consent of a bank in favor of which a mortgage is registered);
  • Proof of payment of state and registry fee.
Mortgage consolidation
  • Loan agreement.
  • Mortgage (pledge) agreement.
  • Consent of the pledgor – the spouse of a natural person for pledging (in cases when the property is not a separate property or there is no separation of the entire property).
  • Consent of a third party (eg holder of a first mortgage), if prohibitions are registered in his / her favor in the Land Register (eg consent of a bank in favor of which a mortgage is registered);
  • Proof of payment of state and registry fee.
Entry of the building in the land register
  • Building (construction) inventory file (the original is returned to the submitter);
  • One of the following documents:
    • a statement from the State Archives regarding the ownership of the buildings on 21 July 1940.
    • a document regarding the restoration of property rights to illegally expropriated buildings.
    • an act regarding the acceptance of buildings into operation.
    • a written deed of transaction regarding the acquisition of buildings.
    • a certificate of inheritance rights.
    • court judgment or decision.
    • a deed regarding the acquisition of buildings by auction through a court (until 29 March 1995).
    • an extract from the farm record card or farm book issued by the State Archives or the local government.
    • an agreement on the acquisition of buildings because of privatization.
    • a statement from the construction board (construction inspection) if the buildings are new buildings or their construction has not been completed.
    • another document certifying the legal acquisition of buildings (structures).
  • Power of attorney, if the person signs documents based on a power of attorney (notarized).
  • Proof of payment of state and registry fee.
Recovered land for entry in the land register
  • Decision on the renewal of land ownership rights.
  • Land boundary plan.
  • Power of attorney if the person signs documents based on a power of attorney (notarized).
  • Receipt for payment of the registry fee 28.46 euros – for the opening of a new compartment, 7.11 euros – for the issuance of a certificate); natural persons exempted from the registry fee – former owners who owned the land on July 21, 1940, their spouses, and first-class legal heirs, politically repressed and group I disabled people (the mentioned facts must be proved).
Privatizētās zemes ierakstīšanai nepieciešamie dokumenti
  • Decision on transfer of land to ownership for a fee.
  • Agreement with the Mortgage and Land Bank of Latvia on redemption of land.
  • Land boundary plan.
  • Receipt for payment of the registry fee 28.46 euros – for opening a new compartment, 7.11 euros – for issuing a certificate).
  • Power of attorney or its notarized copy if the request for confirmation has been signed by an authorized person.
For registration of a maintenance contract
  • Maintenance contract.
  • Municipal certificate on the value of duties.
  • Spouse’s consent or evidence that the property is a separate property or that there is a separation of all property between the spouses.
  • A statement from the municipality that property tax has been paid on the real estate.
  • Consent of a third party if prohibitions have been registered in the Land Register in favor of it (eg consent of a bank in favor of which a mortgage has been registered).
  • Consent of the municipality, if the land is acquired by a person who, in accordance with the laws “On Land Privatization in Rural Areas” and “On Land Reform in the Cities of the Republic of Latvia”, may acquire land with restrictions, or evidence that a person can acquire land without restrictions (e.g. , statement of the legal entity on the composition of its members with an indication of the citizenship of the members).
  • Receipt of the stationery fee (for confirmation of a new right – 14.23 euros), for a certificate – 7.11 euros).
  • Receipt for payment of the state fee – the fee is calculated from the higher amount – the cadastral assessment of the real estate or the amount obtained by multiplying the amount of annual payments by 10. 2% of this amount is payable, but if a contract is concluded with children, spouses, parents, for grandchildren, great-grandchildren, or grandparents – 0.5%.
  • Power of attorney or a notarized copy thereof if the person has signed the documents based on the power of attorney.
For registration of an exchange agreement
  • Exchange agreement.
  • The spouse’s consent to the change or evidence that the property is a separate property or that there is a separation of all property between the spouses.
  • Municipal statement that property tax has been paid on the real estate.
  • Consent of a third party if prohibitions have been registered in the Land Register in favor of it (eg consent of a bank in favor of which a mortgage has been registered).
  • Consent of the local government if the land is acquired by a person who, in accordance with the laws “On Land Privatization in Rural Areas” and “On Land Reform in the Cities of the Republic of Latvia”, may acquire land with restrictions, or evidence that a person can acquire land without restrictions (e.g. , statement of the legal entity on the composition of its members with an indication of the citizenship of the members).

DSSLegal service costs for submitting documents to the Land Register – EUR 50 + EUR 10 for each subsequent confirmation request.

Amount of state fees:

2% of the value of real estate – for alienation (purchase, exchange) agreements.

0.5% of the value of the real estate – if the contract is concluded with children, spouses, parents, brothers, sisters, grandchildren, grandchildren, or grandparents.

3% of the value of real estate – for gift agreements.

For mortgage registration – 0.1% of the loan amount.

To calculating the state fee, the value of real estate shall be deemed to be the higher of the following assessments:

1) the amount of alienation specified in the contract.

2) cadastral assessment of real estate and value of forest stand.

The value of indefinite or perpetual payments (eg the value of maintenance in the case of maintenance contracts) as well as the value of payments whose duration depends on chance is determined by multiplying the amount of annual payments by 10.

 

We draw your attention to the fact that the information provided in this material is for information purposes only. If you need legal advice, please contact us and we will assess each case individually. Each case has its own legal nuances, so additional documents may be required.