Tunisia Info
Joined: 23 Feb 2007
Posts: 16
Home Country: tunisia
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 Posted: Fri Mar 09, 2007 2:56 am Post subject: HOUSING IN TUNISIA / TUNISIA HOUSING GUIDE |
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HOUSING IN TUNISIA
BUYING A PROPERTY
Foreigners are allowed to purchase real estate property in Tunisia. Until recently, Tunisian government officials discouraged investment in the real estate sector. Nonetheless, this policy seems to be being relaxed, though all real estate transactions are still subject to approval.
Agricultural land cannot be bought by foreigners. Leasing of (agricultural) land up to 40 years, however, is allowed.
A preliminary contract of sale (“promesse de vente” or promise of sale) is executed between the contracting parties. Whether there are any legal encumbrances on the property should be first checked at the Regional Land Ministry.
The preliminary contract should include:
* the name of the contracting parties;
* address and other identification details of the property;
* specification of what costs the seller and purchaser bear;
* presence of tenant and date of vacancy (if relevant);
* “delay of realization of sale”, whichrefers to a grace period, during which the purchaser can fulfill needed documentation and secure funding.
* a deposit equivalent to 10% of the sale price is expected.
The contract is then prepared by a lawyer or a notary after consultation with the property registry services. In either case, the contract still needs to be notarized, and the contracting parties should be present.
After payment of the transfer tax and registration fee, the purchaser files an application for a title deed at the Land Property Administration, and does a property certificate from the Regional Land Registry.
RENTING A PROPERTY
Tunisia’s law is Pro-Landlord, in the free market segment. The rent can be freely agreed between the landlord and tenant in all market segments. There is no legal maximum annual rent increase for free market tenancies, but any increase must be stipulated in the contract (the usual level of annual increase in practice is 5%).
In certain cases if the tenant is a non-Tunisian individual a tenancy contract will require preliminary authorisation. The tenancy contract may stipulate a rental deposit or a security deposit. The applicable law depends on how long the tenant has occupied the building, and on the building’s age.
The duration of the contract can be freely agreed between the parties. At term, the lease may be renewed by tacit agreement for the same period, until a notice is being given by either of the parties in advance through bailiff or by registered mail. Alternatively the owner can require the tenant to quit the premises by court order, rendered through a summary procedure by the President of the Tribunal of First Instance.
During the contract term, the tenant can rarely be evicted. However in case of non-payment of rent by the tenant, after a reasonable notice (commonly two months) the owner can obtain a court order for eviction through a summary procedure. In addition, the owner is entitled to ask for the immediate termination of the tenancy contract.
Law No76-35 Tenancies are special tenancies where the law automatically grants the tenant security of tenure. If he was in occupation before March 3, 1978, and also if the construction of the premises was completed before January 1, 1954 (Law n°76-35 of February 18, 1976) the tenant has automatic security of tenure.
Law 76-35 tenants can rarely be evicted, perhaps only if the building is likely to fall down, or if the owner or a member of his immediate family intend to live there. In those special cases, six months notice is required. |
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