How the real estate month is done

Dispatch No. 6938 dated 24 June 2018 concerning the handling of notaries' concerns - facilitation and streamlining of real estate month procedures.

The provisions of articles 41, 73, 74, 77, 80, 81, 82, 106, and 107 of Decree No. 76-63 of 25 March 1976 concerning the establishment of the Land Registry.

Articles 55, 83, and 113 of Official Gazette Decree No. 38 of 1976.

Amended and supplemented by Decree No. 80-210 of 13 September 1980, amend and supplements articles 15, 18, and 89.

Amended and supplemented by Executive Decree No. 93-123 of 19 May 1993, amend and supplements the provisions of articles 8 to 17, 62, and 89 thereof.

Article 41: The Governor shall have a record of deposit, which shall be recorded on a day-by-day basis and in numerical order, of the delivery of contracts and judicial decisions and, in general, of the depositary's schedules to carry out a publicity procedure.

It shall hand over to the petitioner an asset referring to the references to the deposit record under which each delivery is recorded, and shall carry out the proceedings on the date and order of such deliveries.

After completing the proceedings, deposit bonds must be retrieved and packaged together according to the order of the numbers.

If at the time of withdrawal of these papers, the parties are unable to return this bond, they must sign a discharge for these papers, and the fees of character on the depositary record at the corresponding substance's margin are exempt.

Article 73: To verify the transfer of the land survey, notaries in respect of contracts entered into before them, post-mortem certificates, and the letter of seizure in respect of judicial decisions; Under the pretext of refusing a deposit, they should submit to the real estate governor when they present such documents for publicity a brief extract in respect of post-mortem certificates, contracts, transporting court decisions, confirmation, establishment, and projection of the right to property, the right to benefit, the right to a long-term lease and the right to buildings and planters.

The same obligation is imposed on administrative authorities in respect of contracts of this kind that they should make public.

For so-called "contract extract", they are prepared on publications submitted by the Finance Department.

Article 74: The designation of real estate units that are the subject of a transfer by the death of a contract or judicial decision that is a carrier, confirmed, or creator of a mortgageable right in kind shall be carried out by the extract of the land survey and the case of a change of boundary according to the measurement documents.

This extract from the land survey attached, if necessary, to the measurement documents specially designed to control the land survey is attached to the contract extract provided for in article 73 above.

Article 77: A land survey extract provided for under Article 74 shall be delivered by the authority charged with the control of the land survey before the final liberation of each bond subject to a declaration or each certified certificate.

The date must be less than six months from the day of contracts or certificates.

The extract delivered on the occasion of the disclosure of a judicial decision must be of less than six months duration on the day of the application to justice or the day of the published alert for the entitlement to detention.

For the auction, the extractor must have a date of fewer than six months on the day of the terms book if this is done by mutual consent and on the day of deposit if done by the judiciary.

Article 80: The real estate notary, after indicating the procedure required in the deposit record, Confirms that the data on parties' designation and recorded in the contract extract by notaries, control writers, and public authorities Wholeheartedly approve the identical data contained in the deposited document, Furthermore, it investigates the correct approval of the data on the designation of the properties mentioned on the one hand in the extract and on the other in the deposited document.

In case of disagreement, the Governor shall suspend the execution of the procedure and initiate the settlement procedure provided for in Article 107.

Article 81: The extracts shall be sent to the authority charged with controlling the land survey and handed over to the interest of the documents of this interest by the qualifications provided for in the decision of the Minister of Finance.

Article 82: The transfer of the land survey, which is subject to amendments to the legal status of real estate, takes place by simply consulting the extracts referred to in Article 81.

Article 106: In all cases where the governor refuses to deposit or refuses to take action, in both cases the refusal shall mean the procedure for which he requested publicity, even if the omission, invalidity, or discord discovered means only some of the statements, parties or certain properties mentioned in the document to be made public.

However, in the case of expropriation for the public good, the deposited document is considered, to apply the refusal, as a document containing many procedures that are as distinct as the number of owners or groups of owners on the common, and may also be the subject of partial refusal.

This is the case in the case of bidding by distinct plots of land or sales performed under one contract and the same contract, in this case, the deposited document is regarded as containing many actions such as the number of plots outsourced or privileged sales.

On the other hand, if the documents deposited for promulgating privileges or mortgages, or the identical booking alert copy, contain differences in the designation of certain property deriving from certain rights or reserved, the procedure is accepted for properties whose designation is identical and the refusal is pronounced only for other properties.

Article 107: When the Governor notes invalidity, disagreements, or failure to disclose the alienator's bond or the certificate of transfer of ownership by death in his favor It does not visa the real estate card and is reported at the maximum time of fifteen days starting with the deposit s identity certificate at the bottom of official photographs, copies or tables.

Where the data relating to the municipality, the section, and the land survey scheme number, and, where appropriate, the plot number, as found on the deposited document, are similar to the data corresponding to a card, this card indicates the date and order number of the deposited document with the words "pending action".

If the above notification has not been made directly to the signatory of the identity certificate itself and has not been expressly acknowledged, such notification must be the subject of a letter recommended with the request for receipt notification sent within 15 days for the deposit to the place referred to by the site in the depositary document.

A period of fifteen days shall be opened from the date of direct notification, the date of notice of receipt, or the date of announcement of rejection of the recommended letter, to the signatory of the identity certificate to complete the invalid document or deposit amendment document.

In all cases, the card to be marked by the final procedure is the card bearing the words "pending procedure" and the procedure takes a grade with retroactive effect on the date of deposit. The date of its actual implementation is fixed by registration to arrange in the deposit record.

If, within fifteen days from the date of notification, the signatory of the identity certificate has not repaired the omission or deposited the revised documents, and if, before the expiration of this term, he has informed the Governor of his refusal or inability to perform his obligations, the procedure is rejected with the reservations provided for in Article 106.

The refusal by the governor to register the deposit in the deposit record is written in the column for "Notes" and, where appropriate, in the real estate card and the real estate book.

The decision to refuse shall be communicated within eight days of the expiration of the period referred to in the preceding paragraph.

Article 47 of Act No. 04-21 of 29 December 2004 contains the Finance Act of 2005.

Article 47: When it appears that a plot of land, naked or built, was originally owned by the State and ceded to private property, under a renowned administrative contract in the real estate governorate under Order No. 74-26 dated 20 February 1974, establishing real estate reserves for municipalities, or Act No. 81-01 dated 07 February 1981 and on the waiver of property belonging to the public sector or under other legal or regulatory provisions, the measurement made during general land surveys excess area ", indicating that the area exceeds the allowable and estimated ratio of 1/20 in comparison with that restricted in the administrative contract, if it does not constitute a constructive plot of land within the concept of legislation on preparation and reconstruction, It shall be waived by mutual consent to the owner of the administrative contract when expressly requested for a price not less than the real value.

Proceeds of the sale are included in account No. 006-201.

The property is subsequently credited to the Land Registry.

In the absence of an express request for acquisition, the excess area is defined as a different real estate unit that is surveyed and recorded in the Land Registry in the name of the State.