#

Registering Property in

Argentina

Below is a detailed summary of the steps, time and cost involved in registering property in Argentina. It assumes a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.

This information was collected as part of the Doing Business project, which measures and compares regulations relevant to the life cycle of a small- to medium-sized domestic business in 190 economies. The most recent round of data collection was completed in June 2016.

Compare Argentina to 189 other economies.

  • Measure of efficiency
    No. Procedure Time to Complete Associated Costs
    1

    Obtain a certificate stating that no local taxes related to the property are due (ABL)

    Agency: Notaries’ association ("Colegio de Escribanos de la Ciudad de Buenos Aires")

    This certificate ("Certificado de libre deuda de impuestos municipales-ABL") is obtained at the Notaries’ association ("Colegio de Escribanos"). Local taxes related to the property being sold are known as ABL (“alumbrado, barrido y limpieza”, street light and cleaning). The certificate is valid for 30 days (or the current month), according to the 2009 “Código Fiscal” of the city of Buenos Aires, which shortened the original 1 year validity.

    3 days (simultaneous with Procedures 2, 3 and 4) ARS 240
    * 2

    Obtain a cadastral certificate ("certificado catastral")

    Agency: City of Buenos Aires government (“Oficina catastral”)

    The notary requests the cadastral certificate (with measures, boundaries and fiscal valuation) at the Cadastral office (“Oficina catastral”). The certificate is valid for one year. In the Capital Federal, there is no need for a surveyor to measure the property.
    1 day (simultaneous with Procedures 1, 3 and 4) ARS 320
    * 3

    Seller must obtain a certificate of ownership ("dominio") and a certificate of good standing ("inhibiciones") from the Real Property Registry

    Agency: Real Property Registry (Registro de la propiedad inmueble de la Capital Federal)

    The certificate of ownership ("Certificado de dominio") proves that the property is free and clear of liens and or encumbrances. According to Executive Order No. 2080/80, article 8, it is mandatory to obtain the non-encumbrance certificate.The certificate of personal annotation ("Certificado de inhibiciones") proves that there is no judicial order restraining the seller from encumbering or disposing of his assets.


    The domain certificate and a personal annotation are valid for 15 days, and they are both requested with a unified form.

    When a notary from the Capital Federal requests a domain certificate, the property is “reserved” for 60 days. If a new Domain certificate is requested during this period, it will state that a transaction is in process.


    Pursuant to Technical Resolution N°5/2008 of the Registry of Property dated September 5, 2008, the certificate of personal annotation can be obtained online at the Registry website www.dnrpi.jus.gov.ar, with a cost of AR$ 56. Only interested parties pursuant to sections 6,7 and 22, Law No. 17,801 can obtain the certificate online, and they also need to be registered users of the website (notaries, accountants, lawyers,...).

    7 days (regular Procedure for domain certificate and personal annotation certificate), less than a day (urgent Procedure) (online and simultaneous with Procedures 1, 2 and 4) Domain Certificate: ARS 490 (urgent) or ARS 280 (regular)
    Certificate of Good Standing: ARS 430 (urgent) or ARS 220 (regular);
    Certificate of Good Standing: ARS 56
    * 4

    Obtain a Real Estate Reference Value (Valor Inmobiliario de Referencia)

    Agency: Real Property Registry (Registro de la propiedad inmueble de la Capital Federal)

    Property transfers in the City of Buenos Aires and some parts of the Province of Buenos Aires require a “Valor Inmobiliario de Referencia (VIR)” (Real Estate Reference Value”). The VIR was introduced by Resolutión Nº 67-AGIP-10 of February 10, 2010 and later amended by Resolutión Nº 435-AGIP-11 of August 3, 2011. A VIR is assigned to every property by the revenue agency and it sets a minimum base to calculate the stamp tax. The VIR aims to prevent the undervaluation of properties done to pay less stamp duty on property transfers.

    The notary has the responsibility to check the VIR, since the stamp duty will be calculated on the greater value between VIR, the fiscal valuation ('valuación fiscal') and the sale price agreed by parties. The procedure is free and it can be obtained online by the notary through the revenue agency website www.agip.gob.ar. However, not all the properties in the City of Buenos Aires have been assigned a VIR yet. In these cases the notary must obtain a certificate stating that there is no VIR for the property.
    Less than a day (online procedure and simultaneous with procedures 1, 2 and 3) no cost
    5

    Obtain "Code of Offer of Transfer of a Property" (COTI) at tax agency AFIP

    Agency: Tax Agency (AFIP)

    Sellers have to declare property transfers of over ARS 600.000 to the tax authorities in the City (AFIP). The declaration shall include the names of the buyer and seller, the property being transferred and the value of the transaction. Once the transaction is declared, the seller will obtain a "Code of Offer of Transfer of a Property" (COTI) from AFIP. The COTI has a validity of 24 months (extendable 12 months if a construction is to be made).

    The "Code of Offer of Transfer of a Property" (COTI) may be obtained:
    - online: through www.afip.gov.ar, accessing to the system with a tax code; or
    -on the phone (0800-999-2347), in which case it will be necessary to print a certificate afterwards from www.afip.gov.ar (access to the system is with a tax code); or
    - via sms, texting 2347: the user will receive a reply with the number of procedure and will be contacted later by the Information Call Center to continue with the procedure.
    Less than a day (online procedure) no cost
    6

    The public deed is executed by the parties with the intervention of a notary public

    Agency: Notary

    The public deed is the only document which is mandatory by law to transfer a property's ownership. Transactions subject to Capital Gains Tax are not subject to Transfer Tax (this is the case when companies are parties to the transaction). Capital Gains Tax is paid by the seller. However, this tax is not applicable if the money collected by seller for the transfer of property is used to buy another property within a year of the sale or for the construction of a new property. In this last case, for the tax waiver to apply, the construction has to start a year after or a year before the transaction and it has to be completed 4 years after the date of the transaction.

    The notary will retain the 1.5% for the transfer tax, but if the transaction is subject to Capital Gains Tax (CGT), he will use this amount to pay the CGT. If the transaction has been arranged through a broker, his fees will be about 3% of the purchase price.
    20 days Notary public fees: 1-1.5% of the purchase price (usually paid by buyer)
    Stamp Tax: 3.6 % of the greater value between the VIR, the fiscal valuation and the purchase price (usually paid jointly)
    Transfer Tax: 1.5% of the purchase price (Income Tax applicable to companies, paid by seller)
    7

    The notary public files the property transfer for registration with the Real Property Register

    Agency: Real Property Registry (Registro de la propiedad inmueble de la Capital Federal)

    The notary public files the property transfer for registration with the Real Property Register.
    28 days ARS 420 (regular) or ARS 840 (urgent) + 0.2% property price additional stamp tax

    * Takes place simultaneously with previous procedure.

  • Measure of quality
    Answer Score
    Quality of the land administration index (0-30) 13.0
    Reliability of infrastructure index (0-8) 5.0
    What is the institution in charge of immovable property registration? Registro de la Propiedad Inmueble de la Capital Federal
    In what format are the majority of title or deed records kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Computer/Scanned 1.0
    Is there an electronic database for checking for encumbrances (liens, mortgages, restrictions and the like)? Yes 1.0
    In what format are the majority of maps of land plots kept in the largest business city—in a paper format or in a computerized format (scanned or fully digital)? Computer/Fully digital 2.0
    Is there an electronic database for recording boundaries, checking plans and providing cadastral information (geographic information system)? Yes 1.0
    Is the information recorded by the immovable property registration agency and the cadastral or mapping agency kept in a single database, in different but linked databases or in separate databases? Separate databases 0.0
    Do the immovable property registration agency and cadastral or mapping agency use the same identification number for properties? No 0.0
    Transparency of information index (0–6) 2.0
    Who is able to obtain information on land ownership at the agency in charge of immovable property registration in the largest business city? Only intermediaries and interested parties 0.0
    Is the list of documents that are required to complete any type of property transaction made publicly available–and if so, how? Yes, online 0.5
    Link for online access: http://www.dnrpi.jus.gov.ar/
    Is the applicable fee schedule for any property transaction at the agency in charge of immovable property registration in the largest business city made publicly available–and if so, how? Yes, online 0.5
    Link for online access: http://www.dnrpi.jus.gov.ar/tabla_valores/tabla_valores.php
    Does the agency in charge of immovable property registration commit to delivering a legally binding document that proves property ownership within a specific time frame–and if so, how does it communicate the service standard? Yes, online 0.5
    Link for online access: http://www.dnrpi.jus.gov.ar/guiaregistro/?ref=11
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the agency in charge of immovable property registration? No 0.0
    Are there publicly available official statistics tracking the number of transactions at the immovable property registration agency? No 0.0
    Number of property transfers in the largest business city in 2015:
    Who is able to consult maps of land plots in the largest business city? Only intermediaries and interested parties 0.0
    Is the applicable fee schedule for accessing maps of land plots made publicly available—and if so, how? Yes, online 0.5
    Link for online access: http://www.ssplan.buenosaires.gov.ar/index.php/formularios-de-tramitacion-d...
    Does the cadastral or mapping agency commit to delivering an updated map within a specific time frame—and if so, how does it communicate the service standard? No 0.0
    Link for online access:
    Is there a specific and separate mechanism for filing complaints about a problem that occurred at the cadastral or mapping agency? No 0.0
    Geographic coverage index (0–8) 2.0
    Are all privately held land plots in the economy formally registered at the immovable property registry? No 0.0
    Are all privately held land plots in the largest business city formally registered at the immovable property registry? No 0.0
    Are all privately held land plots in the economy mapped? No 0.0
    Are all privately held land plots in the largest business city mapped? Yes 2.0
    Land dispute resolution index (0–8) 4.0
    Does the law require that all property sale transactions be registered at the immovable property registry to make them opposable to third parties? Yes 1.5
    Is the system of immovable property registration subject to a state or private guarantee? Yes 0.5
    Is there a specific compensation mechanism to cover for losses incurred by parties who engaged in good faith in a property transaction based on erroneous information certified by the immovable property registry? No 0.0
    Does the legal system require a control of legality of the documents necessary for a property transaction (e.g., checking the compliance of contracts with requirements of the law)? Yes 0.5
    If yes, who is responsible for checking the legality of the documents? Registrar; Notary.
    Does the legal system require verification of the identity of the parties to a property transaction? Yes 0.5
    If yes, who is responsible for verifying the identity of the parties? Notary.
    Is there a national database to verify the accuracy of identity documents? Yes 1.0
    For a standard land dispute between two local businesses over tenure rights of a property worth 50 times gross national income (GNI) per capita and located in the largest business city, what court would be in charge of the case in the first instance? National Civil Court of First Instance (juzgado nacional en lo civil)
    How long does it take on average to obtain a decision from the first-instance court for such a case (without appeal)? More than 3 years 0.0
    Are there any statistics on the number of land disputes in the first instance? No 0.0
    Number of land disputes in the largest business city in 2015:
    Equal access to property rights index (-2–0) 0.0
    Do unmarried men and unmarried women have equal ownership rights to property? Yes 0.0
    Do married men and married women have equal ownership rights to property? Yes 0.0