What is a title deed (registry extract)?

Are a kupcha and an extract the same document? How is it different from the technical passport?

“Kupcha” is a colloquial word; officially the document is called an extract from the state real estate registry. The right of ownership arises with state registration, and it passes to another person through registration too. The registering authority issues the extract confirming it in electronic form. When a seller says “I have the kupcha”, they usually mean exactly this: the apartment has been state-registered and there is an extract in the owner’s name.

The extract shows who owns the property. Restrictions such as a mortgage or an attachment, that is, encumbrances, are a separate matter, covered below.

Do not mix up three documents. The contract shows what the parties agreed. The extract confirms the registered right. And the technical passport usually describes the plan and area of the apartment.

• Ask the seller for the extract itself; a spoken “I have a kupcha” is not enough
• The contract, the extract and the technical passport are different documents, and one does not replace another

What does the extract say and how do you read it?

The form of the extract may change, but it usually contains the following. Most often you will need two numbers: the registration number and the registry number. These are what you later use to check the document on the official portal. The extract also gives the type of property (apartment, private house, plot of land), its address and its area.

It also names the owner: in whose name the property is held, and whether ownership is full or shared. If ownership is shared, selling the whole apartment needs the consent of all co-owners; if only one share is being sold, the other co-owners have a pre-emptive right to buy it on the same terms. If the apartment was bought during the seller’s marriage, it is usually considered the spouses’ joint property, and selling it requires the spouse’s notarized consent. The fact that the extract shows only one name does not rule this out. If one of the owners is a minor child, the sale needs prior permission from the guardianship and trusteeship authority. If adult family members are registered as residents in the apartment, the notary may ask for their consent too.

As you read the extract, compare it with the other documents. The name must match the seller’s ID, and the address must match both the address in the listing and the actual one. Compare the area with the technical passport and the real layout of the apartment. If there is a discrepancy, the cause may be an unregistered remodel. In that case, ask the seller for an explanation and clarify the question with a notary.

• Are the registration number and the registry number given?
• Do the first and last name match the seller’s ID?
• Is ownership full or shared?
• Do the address and area match the technical passport and the apartment you saw?
• If it is a private house, ask whether the extract covers both the house and the land plot

How do you check a title deed?

The authenticity of an electronic extract is checked on the Electronic Services Portal of the Ministry of Economy. The link to the portal is on the official website of the State Property Service (emlak.gov.az). There is a separate service for this: you enter the registration number and the registry number from the extract. Open the site yourself and make sure the address in the browser bar ends in .gov.az; do not go to the portal through a link the seller sent you.

Ask the seller for an electronic copy of the extract, enter the numbers on the portal yourself, and compare the result with the document the seller gave you. Both a screenshot and a scan can be forged, so do not rely on a picture alone. If the seller has only an old paper extract, ask them to provide an electronic one as well.

The portal shows that the document is genuine. But on its own it does not prove that the person in front of you is the owner. If the property is being sold not by the owner but by someone on their behalf, ask to see a notarized power of attorney and check with a notary whether it gives the right to sell specifically.

• Ask for an electronic copy of the extract
• Check both numbers yourself on the official portal
• Compare the result with the extract the seller gave you

Does the extract show a mortgage, an attachment and debts?

Rights that are registered in the state registry, such as a mortgage, may be shown in the extract. But do not feel reassured after looking only at the extract: what it reflects may differ from one document to another. For the current position on attachments and other encumbrances, get a separate certificate from the registry. Debts for utilities and building maintenance are not recorded in the registry themselves; if an attachment has been placed on the property because of a debt, the registry shows that attachment.

The state registry issues this certificate in electronic form to the rights holder, their representative under a power of attorney, and heirs. So asking the seller for it is normal. The notary also checks the registry data, including encumbrances, before certifying the contract. But that happens on the day of the visit to the notary, so ask the seller separately for the encumbrance certificate before you pay a deposit.

Both the extract and the certificate show the position only on the day of issue. After that, a mortgage or an attachment may be placed on the property, so ask for a certificate issued closer to the deal.

As for debts, ask the seller for the latest receipts for gas, water, electricity and building maintenance. But a receipt shows only that a payment was made, not that there is no debt. Check whether there is a debt with the relevant service. Who pays debts that arose before the day the apartment is handed over should be written clearly in the contract.

• Ask for a fresh encumbrance certificate
• Utility and building maintenance debts are not visible in the registry: ask for receipts and check the debt with the service

How do you get an extract and what if it is lost?

For the buyer, the procedure is as follows. The notary certifies the sale contract, and after state registration is completed, the extract is prepared in the new owner’s name. When it is ready, an SMS usually arrives. The SMS gives the registration number and the registry number, which you can use to check the document on the portal. The buyer does not need to apply separately for this: the contract certified by the notary is sent to the registry electronically and counts as the application for registration.

In a new building, the extract is issued depending on the building being commissioned and state-registered. If the building has not been commissioned, an extract is usually not issued for the apartment. With an apartment from a housing construction cooperative (MTK), the first question is the same: has the building been commissioned? Ask the developer or the cooperative about your specific situation, and ask a notary too.

Losing an old paper extract does not mean losing the right of ownership. The record remains in the registry, and the rights holder can apply for a new electronic extract. According to the registering authority’s explanation, in place of a lost or damaged paper extract an electronic one is issued on the rights holder’s application: a police certificate, a newspaper announcement and payment are not required. Check the application procedure on the official portal.

What does “package kupcha” mean and what should you watch for?

“Package kupcha” is an expression that circulates on the market, but exactly what it means is not clear. Ask the seller: which specific documents are in this package? If the extract is not among them, you know neither in whose name the property is registered in the registry, nor whether it has encumbrances.

Notarial certification requires a document confirming the right of ownership. Ask the bank which documents are needed for a mortgage. A notary does not certify a sale contract for property that is not registered in the state registry; such a contract is considered invalid. If the seller has an old document instead of an extract, ask a notary whether the property is in the registry. This does not mean a house with an extract is risk-free: it too may be disputed, so run the check in any case.

For the risks of property without a title deed, see the separate guide. What is written here is general information, and it does not replace the opinion of a notary or lawyer on a specific property.

If even one of these applies, do not pay a deposit; consult a lawyer first:

• Instead of an extract you are offered only a “package” of documents
• The extract numbers fail the check on the portal, or the seller does not let you run it
• The name on the extract does not match the seller’s ID
• The full amount is requested before the visit to the notary