According to Tejarat News, Ali Khazarian, the spokesperson of the 90th Principle Commission of the Islamic Council, while explaining the two-urgent plan to control and organize the rent of residential properties, stated: Every year, with the end of the Nowruz holiday and the beginning of the housing transfer season, and especially on the eve of the summer season, witnesses There is disorder in the rental market and as a result many problems for the general public and families, which are caused by legal or regulatory loopholes in the field of housing rental and the performance of trading companies. Based on this, the Islamic Council voted in the meeting on May 28 of last year by proposing two urgent plans for controlling and organizing the rent of residential properties, which was the product of numerous meetings and consultation with economic and legal experts and was designed by me. It is hoped that it can reduce some of the problems of the people in the issue of rent.
He added: This plan was also referred to the specialized commission after the general approval in the public meeting on July 1, 1401 to obtain the opinions of the executive bodies and with the proposal of the government and the decision of the Speaker of the Parliament, and by forming a specialized committee consisting of a group of The members of the civil commission, the representatives of the Ministry of Roads and Urban Development, the Legal Deputy of the Judiciary, the Tax Affairs Organization, the Municipalities Organization, the Ministry of Economy, the Ministry of Security, myself as a designer, as well as specialized centers such as the Majlis Research Center and the Presidential Strategic Research Center were examined and completed. It was placed and finally its details were approved by the Construction Commission with some changes compared to the initial draft, and it was referred to the Speaker of the Majlis in March 1401. And currently, it is considered as a priority among the two urgent projects approved by the parliament.
The role of the National Real Estate and Housing System in the rental market
The representative of the people of Tehran, Ray, Shemiranat, Islamshahr and Pardis in the 11th parliament, referring to the details of the mentioned plan, said: The main implementation infrastructure of this plan is in the National Real Estate and Housing System, which has been under the supervision of the 90th Principle Commission for a long time. Therefore, the good implementation of the law in the national real estate and housing system can affect the improvement of the rental market conditions, which unfortunately, due to various reasons, its implementation has been delayed until now, and in this plan, efforts have been made to identify and fully implement the tax on houses. empty
Khazarian added: According to Article 1 of this plan, all the executive bodies subject to Article 5 of the Civil Service Management Law, the country’s property and documents registration organization and all banks and credit institutions, the statistics and information technology center of the judiciary, all municipalities and authorities for issuing building permits and police command. The Islamic Republic of Iran is obliged to provide the required information, including land and real estate information, identity, residence, ownership, transaction information, branch operation and consumption, location-based information, SIM card and internet subscription, and other information required by the properties, owners and residents. According to the request of the Ministry of Roads and Urban Development from the basic databases of the subject of Note 1, Clause “C” of Article 67 of the Sixth Five-Year Plan Law on the Economic, Social and Cultural Development of the Country, the National Information System for the Welfare of Iranians and the Sakha System within a maximum period of one month from the entry into force of this Act for free.
Referring to the prediction of punishment for those who complain about the implementation of this article, he said: The General Inspection Organization of the country is obliged, within two months from the entry into force of this law, managers and persons whose complaints or omissions in this regard have been identified by the Supreme Housing Council. to introduce it to the Administrative Violations Board as the case may be. Violators of the implementation of this note will be subject to the punishment prescribed in Article (576) of the Islamic Penal Code. In addition, all natural and legal persons are required to self-declare the subject of Articles 54 and 169 of the Direct Taxes Law through the National Real Estate and Housing System, and all their agencies, executive institutions and their sub-sets are required to provide the required residence and residence inquiries of their applicants only. through the National Real Estate and Housing System, and in case of non-declaration of natural and legal persons, refrain from providing services in the said system.
The member of the Board of Directors of the Commission on Article 90 of the Constitution added: Considering the facilitation of the conditions provided by the Ministry of Roads and Urban Development, according to Article 3 of this plan, within one month after the entry into force of this law, the schedule for the registration of information on properties under ownership, To provide accommodation, residence or exploitation in the national system of real estate and accommodation for different urban and rural areas of the country, with priority to areas that have the highest proportion of empty houses in metropolitan cities and densely populated cities.
Khazarian added: In addition, according to Article 4 of this plan, the Ministry of Roads and Urban Development is obliged to provide the conditions to register the information of the parties to the transaction in the purchase, sale and lease of real estate in the form of a standard declaration in the country’s real estate transaction registration system in order to obtain a code. The interception depends on the registration of residential and ownership information of the transaction parties in the national real estate and housing system of the country. Also, the country’s document and real estate registration organization is obliged to register information in the electronic document registration system in the standard form of affidavit subject to the registration of information in the country’s national real estate and housing system. The software infrastructure of these measures must be provided by the Ministry of Roads and Urban Development and the country’s Real Estate Registration Organization within two months after the entry into force of this law.
Creation of real estate trading platforms
Emphasizing on the creation of real estate trading platforms to facilitate people’s housing rental, he said: According to Article 5 of this plan, the Ministry of Roads and Urban Development, in cooperation with the country’s Land Registry Organization, the Ministry of Industry, Mines and Trade, and the Vice President for Science and Technology, To prepare the letter on how to license and operate and supervise the “real estate trading platforms” within three months after the entry into force of this law and to approve it by the Cabinet of Ministers in order to finally, based on this plan, register the contract through the platforms and by the traders themselves. And it is possible in person without the entry of real estate transaction companies, which can provide a big change in the real estate transaction market and reduce the rent rate. In addition, these platforms only have the possibility of registering identical contracts that have been approved by the country’s real estate transaction registration system.
Complete the rights of lessor and lessee
The representative of the people of Tehran, Ray, Shemiranat, Islamshahr and Pardis pointed out in the parliament: In this plan, efforts have been made to complete the rights of the lessor and the lessee, and all clauses of the contract must be approved by the registration organization. For example, based on a part of Note 4, Article 5 of this plan, if there is a right of termination or a condition of termination due to non-payment of all or part of the amount specified in the rental contract, after the deadline specified in the text of the contract and Failure to pay the said amount through the means mentioned in note 3 of this article and after we deposit the difference between the amount of the received deposit and the total amount of the contract termination obligation to the escrow account with the operating banks by the lessor, the contract will be terminated without the need for judicial proceedings and the document registration organization And the country’s real estate is obliged to register the termination of the lease contract in the country’s real estate transaction registration system. In the recent assumption, the organization of registration of documents and real estate of the country is obliged to immediately send a notice through the notification system of the judiciary to the tenant about the termination of the contract. If all or part of the rent for the elapsed time has not been paid, the lessor has the right to deduct its amount from the deposit amount.
Khazarian continued: According to the proposed plan, many disputes between tenants and lessors can be prevented and resolved in the platforms and according to the predetermined contract. As seen in it, the lessor’s and lessee’s demands from each other can be collected or paid from the deposit amount. Based on that, in rental contracts, if the lessor exercises the right of termination or terminates the contract or the contract expires and does not register its extension in the electronic property registration system, after the deposit amount is deposited into the escrow account by the lessor, he can request the eviction of the leased item from Register through the platform. Registering the evacuation request in the order mentioned is equivalent to issuing an evacuation order and is mandatory. If the tenant does not pay all or part of the rent on the due date, the unpaid rent will be deducted from the deposit amount. If the lessor demands from the lessee more than the amount of the deposit, the country’s real estate and documents registration organization is obliged to issue a non-payment certificate for the excess and submit it to the lessor. This certificate is a valid document. In addition, if the tenant has a demand from the landlord based on the contract in addition to the deposit amount, the issuance of the eviction order is subject to the deposit of the said amount.
Referring to the issue of the good reputation of the lessor and lessee and considering it in future transactions based on the plan proposed by the parliament, he said: According to Note 5 of Article 5, the platforms subject to this article are required to provide performance indicators of the extent to which individuals fulfill their promises based on information Calculate the documents registered in the electronic system and inform the customers about the result during the transaction.
He continued: The organization of the amounts received by real estate consultants will also be done according to Article 6 of this plan, and based on that, the Ministry of Roads and Urban Development, in cooperation with the Ministry of Industry, Mines and Trade and the Tax Agency, is required to issue regulations on how to determine the fee tariff. real estate consultants on the basis of a percentage of the transaction and rental value of the properties subject to Article (64) and (54) of the Direct Taxes Law, the proportionality of the tariff with the annual average volume of registered contracts in each geographical area in a descending step and determining the ceiling of the tariff that can be received in Any transaction, in which the amount of rent is not effective in determining the amount of the tariff, should be prepared and approved by the Council of Ministers no later than two months after the entry into force of this law.
In the other part of his speech, referring to tax incentives for owners who rent their houses for two or more years, Khadzarian said: In Article 7 of this plan, to improve the conditions of the rental market and to encourage the rental of properties for two years, a tax exemption of up to 100 The percentage is considered for owners who rent their property for more than one year at the beginning of the contract. So that the owners who sign a two-year rental contract for residential units with a maximum increase in the annual rental price up to a maximum of 50% of the annual inflation announced by the Central Bank will receive a 50% tax discount and the owners who sign a rental contract for residential units Three years old and more who act in accordance with the above conditions, they will enjoy 100% tax discount subject to note 11 of this article.
The member of the committee of the 90th principle committee of the parliament pointed out that using modern technologies to discover the price of real estate is one of the features of this plan, and according to article 8 of it, the Ministry of Roads and Urban Development is obliged to cooperate with the Vice President for Science and Technology, the Real Estate Registration Organization The country and the tax affairs organization within six months after the entry into force of this law, by using the capacity of the country’s real estate transaction registration system with the priority of using modern technologies such as artificial intelligence and taking into account the criteria, will discover the price of each registration plate with residential use. This information should be available online and free to the public.
Amendment of housing laws
In the end, the member of the chairmanship committee of the 9th article of the constitution stated: amending the laws of the housing field, such as the law on organizing and supporting the production and supply of housing, and of course the direct taxes law to prevent the hoarding of land and real estate by state and quasi-state financial institutions and banks. And placing tax instruments on these lands and properties to encourage organizations to use their facilities for the development of the housing market is another goal foreseen in the 11-point plan of the parliament. So that lands with residential, administrative-government, industrial and commercial use within the boundaries of cities, towns and free commercial, industrial and special economic zones that do not have land suitable for the above-mentioned use and for 3 consecutive years, no operation for the purpose of exploitation in accordance with the use It has not been done six months after this law comes into force in the first and second year after non-exploitation for three years subject to a tax equivalent to one percent of the daily value of the land at the time of acquisition, in the third and fourth year, equivalent to three percent of the daily value The land at the time of acquisition and the fifth year onwards will be equivalent to six percent of the land’s current value at the time of acquisition, which can be effective in regulating the housing market.