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On Monday, the Council of Ministers issued new decisions regarding the ownership and design of agricultural land that has been converted into residential, indicating that the lands will be sold to their occupants according to the evaluation of a specialized government committee.
According to a statement by the Office of the President of the Council, the ownership stipulates, according to the fifth paragraph of the decisions, that “the Municipality of Baghdad Municipality, and the municipal institutions in the governorates, will own the lands that have been allocated for the purposes of this decision to their occupants at the value estimated by the estimation committees above in accordance with the provisions of Articles (7 and 8) From the Law of Sale and Rent of State Funds (21 of 2013), as an exception to the public auction indicated in the provisions of Article (40) of the aforementioned law.
Article 7 of the aforementioned law states the following:
First: A land assessment committee shall be formed consisting of three members of employees with expertise and specialization, one of whom shall be an accounting employee whose job title is not less than a director or chief foreman, or who has a job service of not less than ten years.
Article 8: The committee stipulated in Article 7 of this law undertakes the following:
First, an examination of the immovable property to determine its number, location, gender, type, borders, descriptions, contents, area, and confirmation of the innovations, farms, or plantings on it.
Second: Estimating the value of immovable property or its rental allowance. The committee is guided by the value estimated for it by the Real Estate Registration Department and the values of neighboring or similar real estate or their actual or estimated annual sale or rent for tax purposes.
Third: The committee organizes a report that includes the information stipulated in Clauses First and Second in this article, and it is signed by the members of the committee, the real estate registration employee, and experts, if any.
These materials show that the agricultural lands on which construction has been built for housing purposes will be sold to the occupants at the same current price, i.e. at the same price as real estate in Baghdad, which is witnessing a continuous escalation in prices.
Text of Cabinet decisions regarding the conversion of the gender of agricultural lands:
The Council of Ministers approved In light of the government’s approach to addressing this file, and converting agricultural lands into residential ones in a more organized manner, and subject to certain legal controls and determinants, the Cabinet approved the following:
1- Amending the Municipality of Baghdad and the municipal institutions in the governorates, the basic design of the cities, and changing the different uses of the lands on which housing units are built randomly and owned by the state, and which were built before the issuance of this decision.
2- Activating the Baghdad Municipality, the decision of the dissolved Revolutionary Command Council No. (581 of 1981) for the purposes of owning the land whose use has been changed for the purposes of this decision.
3- Activating municipal institutions in the governorates, Law No. (80 of 1970) and its instructions in force, and the dissolved Revolutionary Command Council Resolution No. (184 of 2002) for the purposes of owning land whose use has been changed for the purposes of this decision.
4- The Municipality of Baghdad and the municipal institutions in the governorates shall undertake the preparation of sectoral designs for the areas covered by the provisions of this decision in a manner consistent with the design of modern cities. lowest excretion.
5- The ownership of the Municipality of Baghdad, and the municipal institutions in the governorates, of the lands that were allocated for the purposes of this decision to their occupants at the value estimated by the estimation committees above, in accordance with the provisions of Articles (7, and 8) of the Law of Sale and Lease of State Funds (21 of 2013), with the exception of public auction. set forth in the provisions of Article (40) of the aforementioned law.
6- The competent municipal department may own the land for its occupants, as a matter of common ownership as a single real estate unit, in the event that there are areas less than the minimum limits for excretion.
7- The applicant for ownership must comply with the following:
A- The actual beneficiary of the land should be according to the inventory provided by the concerned administrative unit, through a committee headed by the Mayor of Baghdad in the capital, the governor in the governorates, and the membership of the municipal director, the director of urban planning, the director of real estate registration, and a representative of the Ministry of Finance.
b- It is not permissible to own more than one plot of land for the applicant.
C- To submit an application to the concerned municipality directorate within a period not exceeding 90 days from the date of issuance of this decision.
8- This decision shall be implemented on lands owned by the state, on which residential floors are built with fixed structures, and that it be a regular inhabited residential complex.
9- This decision does not include lands allocated for public benefit projects.
10- The Ministry of Agriculture, the Municipality of Baghdad, municipalities, and administrative units shall follow up on cases of trespassing on agricultural lands and orchards, and take legal measures against trespassers after the enforcement of this decision. Taking into account the opinion of the Legal Department in the General Secretariat of the Council of Ministers, according to its memorandum No. (M. D / S / 2/71/42/310 L. S) dated November 21, 2022, and the observations of some members of the Council of Ministers.
11- The relevant authorities should take the necessary measures to prevent any violations in the future.
Views 853Added 11/28/2022 - 10:12 PMUpdated 11/29/2022 - 2:04 PM[You must be registered and logged in to see this link.]