Sales contract on real estate upgrade designs

What is it?

Legal basis?

Its contents?

Who frees him?

His dissolution?

Under articles 27, 28, 38, and 43 of Act No. 11-04 of 14 Rabi 'i, 1432, corresponding to 17 February 2011, which defines the form and content of the sales contract on designs:

This publication includes the model determination of the right conservation contract and the sale contract on designs for real property as well as the limits of payment of the king's sale price, the subject of the sale contract on the designs, the amount of the delay penalty, its deferrals and the payment methods.

A model identifies the right conservation contract and the sales contract on designs in the annex to this decree.

During the conclusion of sales contracts on the designs, the King's real estate price shall be paid depending on the progress of the complete works within the following limits:

- At Signature, 20% (20) of the agreed sale price,

- Upon completion of the foundations, 15% (15) of the agreed sale price;

- Upon completion of major works, including housing, and external and internal fences, thirty-five percent (35%) of the agreed sale price

- When all works are completed together, including connecting to different roads and networks in addition to external structures, twenty-five percent (25%) of the agreed sale price. The remaining balance must be paid when the acquisition record is prepared and estimated at five percent (5%) of the agreed sale price.

The sales contract on the designs shall include the formula for calculating the amount of the delay penalty q in case the building or part of the building is not delivered within the specified time limits.

Article 5: The delay in the actual delivery of the property, subject to the contract of sale on the designs, shall be inspected upon expiry of the delivery period mentioned in article 4 above by a judicial record, by the forms and procedures specified in the applicable legislation.

Except in cases of force majeure, failure to respect the contractual term results in the application of the delay penalty and is borne by the real estate upgrade. The penalty amount is calculated according to the number of days of delay inspected and is deducted from the sale price upon payment of the remaining balance.

The amount of the delay penalty cannot, under any circumstances, exceed 10% (10) of the agreed sale price.

The contract shall stipulate that in the event of a review of the agreed price, such review shall be subject to the procedures, rules, and qualifications previously approved by the provisions of article 38 of Law No. 04-11 of 14 Rabi 'i 1432 corresponding to 17 February 2011 mentioned above.

The provisions of Executive Decree No. 58-94 of 25 Ramadan of 1414, corresponding to 7 March 1994, concerning the model of a sales contract based on designs applied in the field of real estate promotion, are abolished.

Contact Form

A model sales contract on designs

Year................................................ And today...................................................................................................

In front of the professor,...................................... Documented by...............................................................

Attend,

Real estate (natural person) or (moral person (...................................) Moral person (represented by a party.......... Acting in a capacity

...................................... De facto located at the address............................................................................................: accredited with the number.......... Date...

Registered in the National Schedule of Real Estate Promotion under the number:..................... Date:.............................................. Affiliate

The guarantee fund under the number......................................................................................................................

Fiscal Definition No..........................................................................................................

which, in the core of the text, is called "seller", on the one hand, (2 acquisition) a natural person or a moral person (the exact definition of acquirer,

By Decree No. 76-63 of 25 March 1976 on the establishment of the Land Registry, amended and completed,

Title................ Name.........: Date of birth.............: ID Number.....................…

by ................................................................

Inhabitants..............................................................................................

which, on the other hand, is called "written".

These parties requested the notary, signed below, to receive in the form of a formal contract the agreement between them and, before the writing of the sales contract subject to these contracts, to submit the following:

Seller's Permit

The seller states that it proceeded with the construction of the building or part of the building it allocates for sale under Act No. 11-04 of 14 Rabi al-Awwal of 1432, corresponding to 17 February 2011, which establishes the rules governing real estate promotion activity.

It further states that:

The building (or part of the building), the subject of the sales contract on the designs, is its full ownership and is not the subject of a legal procedure that determines the right of ownership and is not encumbered by any mortgage. The warranty certificate provided in the applicable legislation and regulation, which is attached to the sale contract on the designs, covers the subject of the sale of the designs.

Subscription Permit

The subscriber states that:

Have seen the complete file of the building or part of the building mentioned above the building, the subject of which is part of these contracts, as well as the designs, clips, and descriptive detection of the building and related equipment, The sale shall be accepted and then regulated without reservation to the totality of the rules and conditions governing the sale and joint ownership thereof established by Act No. 11-04 of 14 Rabi 'i 1432 of 17 February 2011, which establishes the rules governing real estate promotion activity.

Following this presentation, the notary proceeded to the signatory below, to the editing the contract containing the agreement approved by the parties

As the first entity, the seller states that it sells the building in compliance with all ordinary and legal safeguards in this area, as well as the special documents contained in this contract, as well as the above-mentioned reference documents, to the present office, as the second party, which accepts the building or part of the building.

Provisions governing the contract

- Reference documents

- The Parties, within the limits and breadth of their obligations, in addition to the texts above, rely on the aforementioned documents, which have already been deposited

In the form of original copies of the notary signed below on.............................

- Real Estate Pot Title Contract, prepared by the name of the Real Estate Upgrade, dated................................... Published at the Real Estate Governorate......... Date............ Size.......... Catalog.......... - Where appropriate retail license number...... Dated in......... And the designs attached thereto, given by.......

- Construction license number...... Dated in........ And the designs attached thereto, given by.......

- Precise description of the building or part of the building sold.

- The system of joint ownership and descriptive disclosure of the division and the attached schemes, prepared by the applicable regulation.

- Guarantee from the Guarantee Fund and mutual guarantee of the real estate promotion activity prepared on the date.............. Under the number.......... The sales contract is attached to the designs.

Appointment

Strength..............................................................................................................

Locating.......................................................................................................................

All of this corresponds to the technical file of the upgrade project, implementation, which was deposited with the notary underneath who will follow up and complete the works.

Exact Location Identification:

Precise identification of the building or part of the building, for the areas in which the survey was conducted, identification of the section, collection of property, and the piece

Mandate:................ Municipality:......................... The place called, the neighborhood:.................. Building Number:....... Floor:............

Building number or part of a building:....................

Thus, the king sold constitutes a share number............................. From the descriptive disclosure of the division published in the real estate governorate of............... Date:.................

Section - Property Group - Piece

Determination of the municipality in which the survey was conducted

Component elements of special parts: (an accurate description of the building or part of the building in terms of the special parts and space).

- A net area without work.............................................................

- Habitable or useful area................................................

- The technical and cadastral characteristics of the King shall be reflected in the annex to this contract..........................................................................

- King's strength:

- Number of rooms:.............. Floor:........... Bathroom:............. Toilet:............

- Roofs and balconies:........ Arcades and lobby:....................

- Joint ownership

- Describe shared ownership in terms of components, description, and spaces.

- Built and unbuilt accessories...............

- Equipment and co-owned facilities.......

- The total common parts of the building which are legally affiliated..... Relative shares of common property.

- Sales price components and payment duration according to the progress of works

- The sale was approved and accepted at the price of...... Algerian dinars, calculating all fees). Algerian dinars (calculating all costs).

Sale price and audits

The sale price must be declared fixed or reviewable. If a review of the sale price is decided, it must justify its revision and be done within the limits and qualifications permitted by law.

Payment Qualifications

The methods of payment shall be determined by linking the release of split payments based on the stages of progress of the works by the subscriber, by the provisions of Law No. 11-04 of 14 Rabi 'i 1432 of 17 February 2011, which establishes the rules governing the real estate promotion activity and the applicable texts thereof.

In case of non-payment within the prescribed period, the seller retains the right to impose the penalty of delay on the amount due and specified by Law No. 04-11 of 14 Rabi 'i 1432 corresponding to 17 February 2011 and its implementing texts.

Delivery Time

The deadline for the delivery of the building or part of the building to the acquirer shall enter into force from the date of signing this sales contract on the designs.

Delivery deadlines are divided into............... Stages are defined as follows:

Deadlines

....... Months

....... Months

....... Months

Phases of work

1

2

3

4

Completion of foundations

Completion of major works, including stationery, external and internal walls

Completion of all work combined, including road connectivity and various networks as well as external structures

Completion

The expiration of a certain stage, before the expiration of the above deadline, shall not be granted the right to pay the corresponding benefit by and under the responsibility of the entrepreneur and expenses shall be incurred by the seller. The seller signs the inspection transcript and delivers it to the acquirer for signature in exchange for a receipt.

The amount and term of the penalty for delay in extradition as well as the payment of the penalty shall be determined by the applicable regulations.

Acquisition qualifications

It should be noted that the acquisition of the building or part of the building by the subscriber must occur upon completion of the complete works legally established by the certificate of conformity handed down, by the applicable legislation and regulation.

Possession is done by a transcript written in attendance at the same documentation office and attached to the sales contract on the designs

In the event of a delay in the delivery of the real estate property within the time limits specified in the contract, the acquisition may inspect the non-possession through a judicial record, by the applicable regulation.

Termination of the sales contract on designs

It should be noted that the termination of the sales contract on the designs takes place within the framework of the provisions of Act No. 11-04 of 14 Rabi 'i of 1432 of 17 February 2011, mentioned above, in particular article 53 thereof.

Avoidance of contract with the parties' consent

In this case, the parties shall determine the consensual qualifications of this dissolution:...............................................................................................................................................................

Obligations relating to the joint ownership of the real estate group, which includes the king sold, the contract of sale on the designs shall stipulate the seller's obligation to guarantee or commission the guarantee of the conduct of the property within two years (2) from the date of the sale of the last part of the building in question.

The obligations relating to the joint ownership of the real estate group including the King sold are those defined in articles 60, 61, and 62 of Act No. 11-04 of 14 Rabi 'i 1432 of 17 February 2011, which sets out the rules governing the promotion of real estate.

The seller is obliged to hand over the acquisition's joint ownership system and to determine the totality of the legal, technical and financial data relating thereto.

The acquisition's explicit acceptance of the total obligations resulting therefrom must be clarified until the management of such joint ownership is transferred to the acquisition bodies appointed by them.

Guarantees

Decimal Insurance:

The seller, for the subscriber's benefit, is bound by its civil liability in the area of real estate and assumes the task of monitoring and monitoring the guarantee through decimal insurance for all architects, contractors, and peremptory workers invited to participate in the completion of the building, and declares that it accepts to act in solidarity with them towards the acquirer and others unless there is an error that cannot be attributed to him.

Ensure good implementation:

The seller ensures the good execution of the works and is obliged to carry out the necessary works to remedy the construction defects and/or the smooth functioning of the building equipment elements in order (........... days, from the date of notification by the subscriber.

This warranty is valid for...... One year, from the date of possession as defined in the above-mentioned tenure procedure, and all the usual guarantees relating to the coverage of other professional and technical obligations.

Real Estate Publicity

A copy of this contract is carefully published and documented below in the real estate governorate of...............................................

Habitat

The Parties shall select their nationals in their successive addresses, mentioned above, to implement and follow up this contract.

Assurances

Before the conclusion of the contract, the notary signed below to read to the parties the terms of the sales contract on these designs and the provisions of the following materials:

113 amended by articles 5 of the Supplementary Finance Act, 1991 and 108 of the Finance Act, (1996 114 and) 133 amended article 66 of the Finance Act of 134, (1981 and 257 modifications to articles 36 of the Finance Act, 1993 and 50 of the Finance Act, (1994 of the Registration Act, Act No. 01-06 of 21 February 2006 on the prevention and control of corruption, Act No. 04-11 of 14 Rabi 'i of 1432 of 17 February 2011 establishing the rules governing real estate promotion activity.

The Finance Act exempting professionals from the surplus value of buildings provided for in articles 192 to 197 of the Finance Act No. 19-83 of 18 December 1983 concerning special tax on the surplus value of buildings, as amended by articles 192 to 194 of the Supplementary Finance Act of 1990.

Under the penalties set out in the above-mentioned texts, the parties affirmed that this contract reflects the entire agreed price.

Furthermore, the underlying notary asserts that, as far as it is aware, this contract has not been amended or opposed to any counter-bond containing an increase in the price.

Proof of this

Edited at the notary's desk underneath.

on the day, month, and year mentioned above.

It was signed by the parties, witnesses, and notaries after its reading and interpretation.