Obtain application form and two Circular forms from Primary Court
Agency : Primary Court
The seller must file an application at the primary court in the relevant district in which the land is located. The Judge of the Primary Court signs the application form in order to initiate a search of Makhzan records.
Time and cost: 3 days, no charge
Submit Circular Forms to the property Office (Milkiat-ha) in the Municipality
Agency : Municipal Land Office (Amlak)
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. The Procedure also includes checking for backlog sanitation taxes and making sure that the property is not under any restriction such as mortgages.
Time and cost: 15 days, 1% of the property value (paid in Procedure 7)
Submit signed Circular Form to the Chief of Makhzan to initiate the search of registered deeds
Agency : Directorate of Makhzan
The applicant gives the signed Circular forms to the Makhzan to initiate the search of the Makhzan historical records of registered deeds. Once the application is filed, the validity of the property’s legal deed must be verified in the Court of Appeals registry by the Head of the Makhzan. 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.
Time and cost: 8 days, no charge
Submit the Circular Form to the Revenues and Collection office of the Mustufiat (Ministry of Finance Provincial Revenue Department)
Agency : Ministry of Finance Provincial Revenue Department (Mustufiat)
The applicant takes the Circular Form to the Tax Collection Office of the financial department of the local Mustufiat for certification of property taxes owed. The Ministry of Finance also charges 1% on the value determined by the Municipal committee.
Time and cost: 5 days, 1% of the property value (paid in Procedure 7)
Submit the Circular Form to the Human Resource Directorate for certification of signatures
Agency : Mustofiat
The Circular Form is submitted to the Human Resources Directorate to certify the signatures of the local and provincial (regional) Mustofiat staff.
Time and cost: 3 days, no charge
Submit back the completed Circular Form to the Primary Court judge
Agency : Primary Court
The completed Circular Form is reviewed by the Primary Court judge. The clerk writes tariffs for the applicant to pay the taxes (3% of the property value payable to the court and 1% of the property value payable to the Ministry of Finance) at a designated bank.
Time and cost: 1 day, no charge
Seller pays property taxes at a designated bank
Agency : Bank
The seller pays the property taxes, indicated in the Circular Form, at a designated bank. For property values below AF 1 million, the registration fee is 2%. For property values above AFN 1 million (DB case), the registration fee is 3% of total property value (this is not a sliding scale). The Presidential decree and the decision of commune commission of two chambers of Parliament published on April 9th, 2009 introduced a fee schedule for registration fees in Afghanistan.
Time and cost: 1 day, AFN 95,394.53; (3% of property value to the Court (Makama) (registration fees for property values above AFN 1 million; otherwise the rate is 2%)+ 1% municipality, 1% Mustofiate (Ministry of Finance department) fees)
Submit the completed Circular Form, with payment receipts, to the Primary Court
Agency : Primary Court
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.
Time and cost: 31 days, no charge
The buyer applies for title transfer
Agency : Milkiat-ha Directorate of the Municipality
The applicant brings the new Deed to the Milkiat-ha Directorate to change the names in the books (Safia book), as well as for all utilities.
Time and cost: 183 days, no charge
