Documents for buying and selling real estate

If you are planning to buy or sell real estate it is essential to know what documents exactly must be submitted to the state authority. A list of documents required may greatly vary depending on the grounds of alienation as well as on specific property and several other factors. However, it is possible to say that in any case the main document you will always need is a purchase agreement.

Usually, it is possible to receive a full list of documents required to alienate property by consulting a public notary, local Land book department or local law office. It is highly recommended not to disregard this matter entirely, as slightest mistake or lack of some specific information (for example, consent of the spouse, if selling property, which was acquired in marriage) may result in decline of transferring ownership title, which will make the whole transaction last longer and potentially can lead to contractual violations and damages.

If you want to transfer ownership title for real estate property on the grounds of the purchase agreement, you will require to submit to the State Land book service the following documents, regardless:

• ownership registration request;
• notarized purchase agreement;
• document indicating that the state and administration fees are paid (receipt).

Also, depending on the circumstances, you may be required to provide some of the following documents:

• notarized power of attorney, if the purchase agreement is signed by the third party on the grounds of the power of attorney;
• renouncement of the pre-emptive rights of the municipal or government bodies, if they have such right;
• consent of the third party, if there are any registered restrictions in favour of such party;
• consent of the municipal bodies, if the land plot is purchased by a person having restrictions set by law;
• consent of the spouse, if the property was acquired in marriage.

Laws listing required documents

In the Republic of Latvia there are five main legal acts providing legal regulations for real estate alienation process on the grounds of sale / purchase contract. Very same laws include information regarding documents required in order to change owner of the property as well as how they should be drafted and what clauses must / must not be included.

Below you will find basic information regarding each of these laws, as well as links to the full text of legislative act in Latvian language.

The Land book law

Also known as the ‘Zemesgrāmatu likums’ is one of the fundamental and central laws providing legal regulations for real estate alienation and ownership title transfer registration in the Land book register of the Republic of Latvia. Not only it provides general grounds for all real estate transactions in Latvia, but also defines and states functions, rights, duties and boundaries of the State Land book service. Here you may find general provisions on how to register your ownership title or a pledge, how land book registries are to be executed, what information and documents may / may not be requested by the State Land book service. Section 4 is entirely dedicated to registration of entries in the land book registry.

The law On municipalities

Also known as the ‘Likums par pašvaldībām’ it is core legal act providing regulations for municipal bodies and authorities, clearly defining their duties, obligations as well as imperative boundaries of acting. Since there are some certain situations, when permission of the municipal government is required in order to sell / purchase real estate - this law serves as legal grounds for such matters.

The law On land privatization in rural areas

Also known as the ’Likums par zemes privatizāciju lauku apvidos’ - is quite archaic legal act, nevertheless, quite essential when it comes to selling and buying land plots in rural areas of the country. The law states requirements and documents to be provided in order to sell or purchase land plot in certain rural areas.

The law On land reform in the cities of the Republic of Latvia

Also known as ’Likums par zemes reformu Latvijas Republikas pilsētās’, another archaic legal act, which as a legacy of the land reform executed by the Latvian government in the 90s after the Soviet Union fell apart and Latvia has regained its independence. By its essence - another legal act setting legal rules and requirements, which must be met in order to sell or purchase land plots in certain cities and parts of Latvia.

CM regulations No. 1250 Regulations on state fee for ownership title and pledge registration in the Land book

A set of regulations developed by the Cabinet of Ministers of the Republic of Latvia, defining amount of state and administration fees to be paid, when registering ownership title or any other entries in the land book registry.

State institution responsible for transferring ownership title

Central state institution responsible for registration of ownership titles transfer as well as for maintaining real estate property public register in Latvia - is State Land book service. In system of public law and governing authorities, Land book service falls in competence of the city (district) courts.

Land book service has multiple Land book judges on duty, who are specifically qualified for their service. Whenever anyone wants to register in the land book register new ownership, mortgage, pledge or any other entries - the case is heard by one of the land book judges in absentia, and, as a result, a ruling is made either accepting or declining entry registration in the public register.

Grounds for real estate sell or purchase

Even though there may be numerous different grounds for real estate alienation, the grounds for purchase / sell of the property is usually a purchase agreement, concluded by both parties and signed at the notary public of Latvia.

On the grounds of the property purchase contract - notary public drafts ownership registration request, which must be submitted to the Land book service together with a notarized copy of a purchase contract.

It is extremely important to provide legal authorization and indicate in the purchase agreement which of the parties is entitled to submit and receive all documents to / from the State Land book service, as otherwise documents may be not accepted by the secretary.

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