نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
With the enactment of the Law on Mandatory Registration of Immovable Property Transactions (2024), the legal framework governing building pre-sale contracts has been fundamentally transformed. Under Article 1 of this law, building pre-sale agreements are explicitly brought within the scope of the new registration requirements, and Article 15 repeals and amends certain provisions of the Building Pre-Sale Law (2010). This paper examines the effects of these amendments on pre-sale mechanisms and highlights both their strengths and the ambiguities that remain.
The findings indicate that one of the most significant innovations introduced by the new law is the removal of paragraphs 2 and 4 and the associated note to Article 4 of the 2010 Pre-Sale Law. Consequently, the prior requirements to submit a separate technical specification for each unit and to obtain an engineer-supervisor’s certificate confirming completion of foundation works when drafting a pre-sale contract have been eliminated. Those requirements had imposed substantial administrative burdens and costs on the parties involved. Their removal simplifies the contract-drafting process, thereby facilitating faster investment in the housing sector and ensuring more effective implementation of pre-sale regulations.
In addition, the law has abolished the licensing requirement for publishing pre-sale advertisements and repealed Article 20 of the Pre-Sale Law, which had mandated compulsory arbitration in pre-sale disputes. While the mandatory arbitration provision under the former Article 20 might—if properly enforced—have promoted the arbitration institution and reduced court caseloads, its narrow scope and practical enforcement challenges limited its effectiveness. With that constraint lifted, contracting parties now enjoy greater freedom to choose their preferred dispute-resolution methods.
An analysis of these reforms shows that eliminating documentary obstacles and streamlining administrative procedures can both accelerate the pre-sale process and attract capital to the housing market.
کلیدواژهها English