Registering Property in Afghanistan

This topic examines the steps, time, and cost involved in registering property in Afghanistan.

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Property Value: AFN 1,090,879
City: Kabul

	Procedure	Time to complete:	Cost to complete:
1	Obtain application form and two Circular forms from Primary Court	3 days	no cost
2	The signed Circular Form is then submitted to the Chief of Makhzan to initiate the search of registered deeds	8 days	no cost
3	Circular Forms are submitted to the property Office (Milkiat-ha) in the Municipality	15 days	1% of the property value (paid in Procedure 7)
4	The Circular Form is submitted to the Revenues and Collection office of the Mustufiat (Ministry of Finance Provincial Revenue Department)	5 days	1% of the property value (paid in Procedure 7)
5	Submit the Circular Form to the Human Resource Directorate for certification of signatures	3 days	no cost
6	The completed Circular Form is submitted back to the Primary Court judge	1 day	no cost
7	Seller pays property taxes at a designated bank	1 day	2% of property value for registration fees
8	Submit the completed Circular Form, with payment receipts, to the Primary Court	31 days	no cost
9	The buyer applies for title transfer	1 to 365 days	no cost

Procedure 1.: Obtain application form and two Circular forms from Primary Court
Time to complete:: 3 days
Cost to complete:: no cost
Name of Agency:: Primary Court
Comment:: The applicant obtains the application form and two copies of the Circular Form from the Primary Court. The Judge of the Primary Court signs the application form in order to initiate a search of Makhzan records.

Procedure 2.: The signed Circular Form is then submitted to the Chief of Makhzan to initiate the search of registered deeds
Time to complete:: 8 days
Cost to complete:: no cost
Name of Agency:: Chief of Makhzan
Comment:: The applicant gives the signed Circular forms to the Makhzan to initiate the search of the Makhzan historical records of registered deeds.
The Makhzan keeper searches for deeds in archives based on the details provided by the applicant (registry number and photos). The clerk then ensures that the information on the Circular form matches the records of the Makhzan. The keeper gives the deed book and the owner’s property deed to the Chief of Makhzan, who will check for the correctness of ownership and sign again the Circular Form.

Procedure 3.: Circular Forms are submitted to the property Office (Milkiat-ha) in the Municipality
Time to complete:: 15 days
Cost to complete:: 1% of the property value (paid in Procedure 7)
Name of Agency:: Municipal Land Office (Imlak)
Comment:: The applicant takes the Circular Form to the Milkit-ha for certification of location and valuation of property and checking of the ownership. An Imlak committee establishes the value of the land after an inspection of the property. The value is entered on the Circular Form and 1% on that is charged, to be paid at the bank.

Procedure 4.: The Circular Form is submitted to the Revenues and Collection office of the Mustufiat (Ministry of Finance Provincial Revenue Department)
Time to complete:: 5 days
Cost to complete:: 1% of the property value (paid in Procedure 7)
Name of Agency:: Ministry of Finance Provincial Revenue Department (Mustufiat)
Comment:: The applicant takes the Circular Form to the Tax Collection Office of the financial department of the local Mustofiat for certification of property taxes owed. The Ministry of Finance also charges 1% on the value determined by the Municipal committee.

Procedure 5.: Submit the Circular Form to the Human Resource Directorate for certification of signatures
Time to complete:: 3 days
Cost to complete:: no cost
Name of Agency:: Mustofiat
Comment:: The Circular Form is submitted to the Human Resources Directorate to certify the signatures of the local and provincial (regional) Mustofiat staff.

Procedure 6.: The completed Circular Form is submitted back to the Primary Court judge
Time to complete:: 1 day
Cost to complete:: no cost
Name of Agency:: Primary Court
Comment:: The completed Circular Form is reviewed by the Primary Court judge. The clerk writes a tariff for the applicant to pay the taxes.

Procedure 7.: Seller pays property taxes at a designated bank
Time to complete:: 1 day
Cost to complete:: 2% of property value for registration fees
Name of Agency:: Bank
Comment:: The seller pays the property taxes, indicated in the Circular Form, at a designated bank.

Procedure 8.: Submit the completed Circular Form, with payment receipts, to the Primary Court
Time to complete:: 31 days
Cost to complete:: no cost
Name of Agency:: Primary Court
Comment:: The applicant returns to the Primary Court with the completed Circular Form and the receipts as proof of payment.
The judge will order the clerk to prepare a new deed in two copies. The new deed is scrutinized by the Primary Court Judge, who signs both copies.
The Konda (stub copy) is maintained in the Primary Court until the full record book is passed on to the Makhzan for storage. This takes place at the end of every financial year.
The property transfer tax of 5% has been eliminated by Presidential decree dated July 14, 2008.

Procedure 9.: The buyer applies for title transfer
Time to complete:: 1 to 365 days
Cost to complete:: no cost
Name of Agency:
Comment:: The applicant brings the new Deed to the Milkiat-ha Directorate to change the names in the books, as well as for all utilities. Time to complete depends on when in the financial year this step is conducted.