Real estate law

Our law firm at a Djerba also intervenes in real estate matters.

There are two legal regimes relating to property real estate :

• The regime for unregistered buildings: this regime concerns buildings that have not been blue titled.
• Registered buildings: this regime concerns  buildings that have been the subject of a blue title and registration with the real estate court.

Details :

Governor's Authorization: This is a condition of validity. for a real estate purchase made by a foreigner.

Blue title: this is a registration of the building in the land register. It is not a mandatory condition for the purchase of property by a foreigner.

Tunisian law requires a lawyer to apply for a blue title.

Real Estate Sales:

• Real estate sales between Tunisians.

Tunisian law does not require that’ a sales contract (drafted by a lawyer or a notary) for real estate sales between Tunisians.

Transfer of ownership is done at the signing of the deed of sale for unregistered land.

By the way, in the scheme legal blue titles, transfer of ownership is carried out with registration in the land register.

• Real estate sales between a Tunisian and a foreigner.

Tunisian law requires a set of conditions for purchases made by a foreigner:

• The property must be located   in an urban area.
• Signature of an agreement to sell, in which the parties agree to all the terms, (price, enjoyment of the property, guarantees, payment…).
• Minutes of verification Filing of a file at the governorate, by the lawyer in charge of the file, including the promise of sale, the criminal record of the buyer, etc.
• Governor clearance
• Signature of the final sales contract.

• Real estate sales between foreigners.

The foreigner who owns a property in Tunisia and who wishes to sell his property must file a request authorization to sell from the Governor in order to proceed with the sale.