|Frequently Asked Questions
What subdivisions must be registered with the Utah Division of Real Estate?
A subdivision (i.e., ten or more units whether contiguous or part of a common promotional plan) that is either located in Utah or offered or disposed of in Utah must be registered with the Utah Division of Real Estate prior to offering or disposing of any interest in the subdivision.
Who is exempt from registration?
Utah law allows for a number of exemptions to registration requirements. Refer to Utah Code Annotated 57-11-4 for a complete list of exemptions.
The following exemptions must be filed with the Division:
- The “HUD Exemption” under 57-11-4(2).
- The “Water Exemption” under 57-11-4(3).
- The “Non-commercial Exemption” under 57-11-4(4).
All other exemptions under 57-11-4 are self-executing and need not be filed with the Division. However, the Division may request information of the owners/developers of a subdivision explaining why the subdivision is exempt from registration.
How do I file for an exemption?
To file for a "HUD", "Water" or "Non-commercial" exemption, submit to the Division:
To register a subdivision, submit to the Division:
To register additional interest in a subdivision already registered, submit to the Division:
How do I obtain a temporary sales permit?
The Division may grant a temporary permit allowing the developer to begin a sales program while registration is in process. To obtain a temporary sales permit, submit to the Division:
- Signed cover letter requesting a temporary sales permit.
- Completed and signed Application for Registration of Subdivided Lands.
- Documentation from a financial institution less than 30 days old verifying an independent escrow account into which all funds from sales are placed with instructions that funds will not be released until registration is complete.
- Non-refundable fee of $500 for up to 30 units, plus $3 for each interest over 30, up to a maximum of $2,500 for each application.
- $300 Inspection Deposit.
- $100 non-refundable temporary permit fee.