Completion Time Frame: 8 – 12 days
Completion Costs: JOD 6.55 for property deed; JOD 3.5 for land map; JOD 10 for zoning map
Points to Note:
The standard form is readily available. The land is also already registered in Land Registry with an updated certificate of ownership and a cadastral map. The clerk has only to make a copy of these documents and certify them as official copies.

After the issuance of the Sale Form, the director of the Land and Survey Directorate sends a letter to the office of the finance minister asking that the Minister approve the company’s request to buy land.

The procedure consists of: (i) filling in the application at the Land and Survey Directorate , (ii) recording the sale application in a record kept by the Land and Survey Directorate, (iii) filling in the sale form according to the information provided by the parties concerned including ascertaining that there are no obstacles that would obstruct the sale at a later stage of the procedures, and (iv) requesting from the Land and Survey Directorate to send a letter addressed to the Minister of Finance soliciting his approval on the sale.

The documents to be submitted with the application are as follows: (i) a property deed, (ii) A Land Map, (iii) a Zoning Map, (iv) a clearance from the Property Tax Department in the Greater Amman Municipality , (v) a clearance from the Greater Amman Municipality on all planning taxes due on property, (vi) a certificate evidencing that the persons signing the sale/purchase are authorized on behalf of the seller/buyer, and a copy of their ID cards.

The Company’s statute must clearly state that the company can own lands, even if owning lands is not the company’s main objective and even if the company tends to own land to achieve other stated objectives in its founding statutes. Many lawyers always include, when drafting the company’s statutes, the right to own land. In case the company does not have this objective clearly stated in its statutes, an extraordinary session of shareholders should be invited to amend the company’s regime for this purpose. The new statutes had to be taken to the Ministry of Trade and Industry to obtain the final clearance (simple administrative procedure), but according to recent practice, this is no longer required by the Land Registry. In addition to the above it is necessary to have a certificate evidencing that the person signing the sale/purchase is authorized on behalf of the seller/buyer, as well as a copy of their ID cards.

Step 2: Obtain from the Local Municipality a copy of the Zoning Map for the district and a Contravention Clearance Statement on the official sale form

Completion Time Frame: 3 days
Completion Costs: JOD 10 (included in previous)
Points to Note:
The parties should also ask the municipal official to sign a statement (free of cost) on the official form of sale previously obtained from the Land and Survey Directorate, claiming that the property sold is not in contravention of any relevant law or regulation. In case the property was in contravention, a fine must be paid and the contravention removed.

The documentation shall include:
The company’s statute
The Ministry of Trade and Industry Authorization (obtained in Step 1)
Certificate of Property (obtained in Step 2)
Official Sale Form (obtained in Step 2)
Cadastral Map (obtained in Step 2)

Step 3: Obtain building tax clearance from the Ministry of Finance

Completion Time Frame: 1 day
Completion Costs: no cost
Points to Note:
The parties should take the official sale form with all the documents stated above to the Ministry of Finance and request the ministry to sign the statement on the form, assuring that the property does not have any unpaid building taxes. In case the building has unpaid taxes, they should be paid or else the sale cannot continue.

Step 4: Obtain tax clearance from the Department of Income Tax

Completion Time Frame: 1 day
Completion Costs: no cost
Points to Note:
The parties should take the official sale form with all the documents stated above to the Department of Income Tax and ask the department official to sign the statement on the form assuring that the companies have no late or unpaid income taxes. In case some taxes are due, they should be paid or else the sale cannot continue.

Step 5: Present the file to the Land Department to request the transfer of ownership of the property to the buyer

Completion Time Frame: 1 day
Completion Costs: no cost
Points to Note:
The application is filed for registration at the competent Land Department. The Land department does not take the mentioned price of sale on its face value, but forwards the whole file to the division of “area statistics”, which assesses the true value of the property. The registration fees are paid based only on this assessment.

Step 6: Field Inspection by the state architect and assessment of the property value

Completion Time Frame: 4 days
Completion Costs: no cost
Points to Note:
An architect of the Land Department makes a physical inspection of the property and its premises. The architect must estimate the property’s value, taking into consideration the cost of the building erected on the land and the rental value of the premises. The architect will then prepare a report where he provides the estimated value that should serve as basis for the registration fees and duties. If the parties are not satisfied with the results of the evaluation, they can reject the decision and petition the chairman of the land and property department, who will have the final say.

Step 7: Pay fees and conduct sale hearing session at Head of Land Registration Department

Completion Time Frame: 1 day
Completion Costs: 10% property value
Points to Note:
After the cadastral value of the property is determined, the registration fee must be paid according to the evaluation made by the land and property department. The fee is 10% of the value, in which the buyer pays 6% and the seller 4% if the parties did not decide on another scheme. The registration fee is paid at the Lands Department.
The sale agreement is presented to the chairman of the land and property department and signed by the representatives of the two parties. The parties signing the agreement should be duly allowed to represent and engage the company. Two witnesses, other than the chairman, must also be present during the signing ceremony. The name of the seller will be deleted from the department’s files and the new owner’s name will be recorded.

Step 8: Final transfer of property and issuance of a new ownership certificate

Completion Time Frame: 1 day
Completion Costs: already paid in procedure 7
Points to Note:
A new certificate stating the name of the new owner will be issued and provided to the buyer.