One of the main questions that interests many families who own a two-story private residential house is the possibility of obtaining a separate extract (“kupcha”) for each floor. According to the legislation, if different families live on each floor of a building, it is entirely possible to obtain 2 independent extracts for that property.
elchi reports, citing yenisabah, that for obtaining a completely separate extract for each floor of the house, the division of the building in kind must be carried out. In this case, both floors are registered as independent living spaces. However, there are certain technical requirements for this:
Each floor must have an independent entrance and exit, not dependent on each other;
Gas, water, and electricity lines, as well as meters, must be separated;
Each floor must meet the sanitary and living conditions necessary for habitation.
Determination of co-ownership and usage rules
If the technical structure of the house (e.g., staircase or common entrance) does not allow for complete division, the form of co-ownership is chosen as an alternative. In this case:
Each of the owners is issued a separate extract reflecting their share (e.g., 1/2 share);
A “Contract on the rules of use of the living space” is concluded in a notary manner;
The contract formalizes that the 1st floor belongs to one family and the 2nd floor to another family.
Step-by-step procedure for registration
Preparation of the division plan by a licensed specialist: A project for the actual use and division of the house and land plot is prepared.
Conclusion of a notary contract: An agreement is signed between the parties regarding the division of property or determination of shares.
State registration: An application is submitted to “ASAN Xidmət” or the State Service for Property Issues under the Ministry of Economy with the required documents.
Important points to consider
Before starting the paperwork, it is important to have the initial ownership document (extract) for the building and the land plot. For unauthorized constructions without an initial document, the general legalization process of the house must first be carried out. If an agreement on division is not reached between the parties, the issue is resolved in court based on the opinion of a court-construction expertise.