Real estate laws play a crucial role in regulating relationships among different parties in the real estate market. In Tunisia, there exists a set of laws and regulations governing real estate, covering ownership, registration, leasing, and sales. This article aims to provide a comprehensive overview of the main laws governing real estate in Tunisia, aiding investors and citizens in understanding the legal framework that governs this sector.

The Key Laws Shaping Tunisia’s Real Estate Landscape

Law of Real Rights

Ownership and Possession:

• Law No. 5 of 1964: This law regulates property ownership by both foreigners and Tunisians, defining the conditions and procedures required for property ownership and its registration in the property registry.
• Decree No. 97 of 1992: Pertains to the conditions and procedures for transferring agricultural lands to Tunisians and non-Tunisians.

Property Registration:

• Law No. 1 of 1965: Governs the process of registering properties in the property registry, ensuring legal and official property ownership.

Rental Law

Residential and Commercial Leasing:

• Law No. 37 of 1977: Concerns the leasing of residential properties and regulates the relationship between landlords and tenants, including terms, rights, and duties.
• Law No. 5 of 1981: Regulates the leasing of commercial properties and defines the legal framework for the relationship between lessors and lessees in this type of property.

Construction and Development Law

Urban Planning:

• Law No. 122 of 1994: Relates to urban planning, regulating land use and development in accordance with national and local urban plans.

Building Permits:

• Law No. 4 of 1979: Specifies the conditions and procedures necessary for obtaining a building permit and how compliance with the permit conditions is monitored.

Real Estate Transactions Law

Sales Contracts:

• Tunisian Civil Code: Governs various contracts, including real estate sales contracts, and specifies the necessary conditions for contract validity and the rights and duties of the parties involved.

Mortgages:

• Law No. 35 of 1985: Concerns mortgage law, detailing how mortgages are registered, their conditions, and the legal effects on the parties involved.

Protection of Rights

Consumer Protection:

• Law No. 117 of 1992: Regulates consumer rights in real estate transactions, ensuring protection from unfair or deceptive practices.

Dispute Resolution in Real Estate:

• Law No. 42 of 2007: Governs the resolution of real estate disputes through mediation and arbitration, providing an alternative to court litigation.

Conclusion

Tunisia’s real estate laws provide a comprehensive framework that governs all aspects of property ownership and transactions. By understanding these laws, investors and citizens can ensure compliance with legal requirements and effectively protect their rights. Whether buying, selling, or leasing property, familiarity with these laws will assist in making informed and secure decisions.