The legal system for the management of the real estate portfolio in Algerian legislation

Abstract

Algerian legislator brought a new system for the conduct of the real estate portfolio, whether belongs to a state or local communities, where he first settled the status inherited from the application of order no. 74/26; so the real estate guidance law cancelled the monopoly which was exercised by the municipality and therefore people could buy and sell freely, then he also settled the lands' status related to order no. 85/01. The legislator also brought a new system for the conduct of the real estate portfolio where he provided the duality of national property, thus the national public property were Inalienable, while national private property that function as a property for the state became subject to certain transactions such as sale, lease, allocation. For real property of the local communities, if the act was conducted between persons of public law, it would be directly implemented, but if it was between the municipality and a private law people must be passed through the urban regulation and management real estate agency, where the contract is concluded by a notary. From the above, we come up with a set of most important results including:

• Emphasizing on the freedom of real estate transactions

• express provision about the repeal of laws that relate to the socialist system, which glorifies the collective ownership
• revision of the legislative system and give priority to real estate aiming to real estate

investment, whether national or foreign

• Replacement of municipalities’ role by Real estate agencies to manage the real estate portfolio.