Property Purchase Process in Tunisia

Property Purchase Process in Tunisia: Foreigners are allowed to buy real estate in Tunisia. Until some time ago, Tunisian government officials discouraged investment in the real estate sector. While this policy seems lax, all real estate transactions are still subject to approval.

Agricultural land cannot be purchased by foreigners. The (agricultural) land is allowed to be leased for 40 years.

The initial contract of sale is executed between the contracting parties. Whether or not any legal encroachment on the property should be investigated first in the Regional Property Ministry.

The initial contract should include:

• Name of Contracting Parties;
• Property address and other identification details;
• Specification of the cost of the seller and the buyer bear;
• Tenant’s presence and date of vacancy (if relevant);

Delay in receipt of sale, which refers to a grace period during which the purchaser can complete the required documents and reserves. A deposit equal to 10% of the selling price is expected.

Then the contract is drawn up by a lawyer or a notary after consultation with the Property Registry Services. In either case, the contract still needs to be notarized, and the contracting parties must be present.

After payment of transfer tax and registration fee, the purchaser applies to a title deed to the Land Property Administration and obtains a property certificate from the Regional Land Registry.

Can landlords and tenants freely agree to rent in Tunisia?

The rent can be freely agreed upon between the landlord and the tenant. There is no legal maximum annual rent increase for these tenants, but any increase in the contract must be determined. The normal level of the annual increase in practice is 5%.

In some cases, a tenancy contract will require initial authorization if the tenant is a non-Tunisian person.

In term, the lease may be renewed by the Takit Agreement for the same period, unless notice is given by the party in advance or by registered mail. Alternatively, the court order may require the owner to leave the premises to the tenant, which has been submitted through a summary process by the President of the Tribunal of First Instance.

During the term of the contract, the tenant can rarely be vacated. However, in the event of the tenant not paying the rent, after proper notice, the owner can obtain a court order for eviction through a summary process. Also, the owner is entitled to ask for immediate termination of the tenancy contract.

How effective is the Tunisian legal system in Property Purchase Process in Tunisia?

Tunisian law allows for recruitment in a summary process before the chairman of the Tribunal of First Instance. The tribunal may be required to evict the tenant at the end of a contract or order expulsion for payment of rent. This process is fast and effective.

Law

The relevant law is the code of conduct and contract (Articles 727 to 804); Lawn ° 76–35 on February 18, 1976, and before January 1, 1954, for buildings occupied by tenants on or before January 3, 1978.

Inheritance tax

Inheritance tax is levied on the transfer of Tunisian real estate assets through inheritance. Taxes are levied at various rates; Depends on the relationship of the heirs of the deceased.

Some properties are fully or partially exempt from inheritance tax. Direct residences or direct descendants of the deceased’s spouse are not transferred as 1,000 square meters of property or less.

If the deceased is a non-Muslim foreigner, the law of the deceased country applies. The heirs are asked by their respective embassies to confirm what the ideal is. If the deceased has not left a will and the country of origin requires a will, a decision is made by the local authority about the division of property between all sites where the property is located.

Gift tax

Gift tax is levied at the same rate as inheritance tax. Gifts or donations to spouses and direct descendants are subject to a fixed rate per donation at the rate of TND 15. 

A will is sometimes made in Tunisia, but it is uncommon.

Foreign formalities will be played abroad in Tunisia. The examiner must be written and signed by the examiner in the presence of a civil officer to prove their authenticity.

The signature of the civil officer must be verified by the Ministry of Justice of the State, the Ministry of Foreign Affairs, and the Tunisian Embassy of the country where the will is made. However, after death, there may be a conflict between the beneficiaries and the third party which relates to the inheritance laws implied for the execution of the will. 

The presence of the examiner is required in Tunisia and must be signed by two notaries or other civil authorities who can heed the examiner’s will.

According to Tunisian law, a person cannot apply for more than 1/3 of the total inheritance, and cannot provide benefits to the legal heirs or beneficiaries of the reserved share. One, which applies to more than 1/3 of the inheritance, however, can be executed with the consent of all legal legacies.

In the absence of a will, Tunisian law, if applicable to a foreigner, makes provision for compulsory inheritance. An inheritance is created for the benefit of his granddaughter when the deceased’s grandparents died at the same time as their father/mother’s grandparents died.

The father/mother ratio of the beneficiary children is 1/3 of the inheritance. Compulsory inheritance does not apply if children are entitled to an inheritance from grandparents, or if they already have an effective inheritance from the deceased, or if they are in the same gift of equal value. is. Life has been found. Otherwise, mandatory inheritance for difference applies. If the children have already inherited more than 1/3, the difference will be considered a consensual inheritance. 

Tunisian law looks at title deeds to determine ownership of property.

All property in Tunisia must be registered in the cadastral administration under the owner’s name. To determine ownership of real property, the civil court looks at title deeds.

The spouse can prove that according to the applicable marriage law, he/she is the co-owner of the property under consideration, and may order from the court the transcription of the co-property in the title deeds.

If the other heirs have already sold their share of the property to a third party, the claimants cannot oppose the third party who has full rights that were not registered in the title deeds.

The property can be inherited from minors.

If the property, or some part of it, goes to the death of children or others who are not of legal age, or who are not legally adults, a custodian may be appointed in a will. In the absence of the guardian in the will, the guardian may be a legal tutor if he is present or not; Otherwise, the court can appoint a conservator.

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