Obtain a cadastral document identifying the parcel and its owner
Agency : Cadaster office of the Municipality of Alger (Direction du cadastre de la Wilaya d’Alger, Agence Nationale du Cadastre)
The notary obtains a PR4 bis extract from the Cadastre, stating the parcel number and the owner’s name. Since December 2017, it is possible to request the PR4 bis online at https://www.an-cadastre.dz. However, the PR4 bis extract is issued in paper format.
Time and cost: 15 days, DZD 54; (34 DZD (Cadastre Fee) + 20 DZD (Stamp fee))
Obtain a certificate of non-encumbrances from the Land Registry (Conservation Foncière)
Agency : Local Land Registry (Conservation Foncière)
The notary obtains a non-encumbrance certificate from the Land Registry (Conservation Foncière) where the property is located. This certificate will inform the buyer whether the property was previously transferred, if there are any mortgages attached the property, or if there are court orders or insolvency proceedings charging the property,
The cost is published in Arrété 25/05/2009 (Official Gazette no. 40/2009).
The seller provides the original title (livre foncier) to the Notary in order to prepare the sale and purchase agreement.
Time and cost: 7 days, DZD 500
Parties provide the relevant documents at the notary and obtain the order of payment
Agency : Notary
The parties provide the notary with all the relevant documents such as the original Property title, non-encumbrance certificate, birth certificate and the minutes of the shareholders’ meeting giving authority to the representative of the company to buy/sell the property on their behalf. The notary takes note of the purchase price and reviews the documents. The notary then issues an order of payment to the buyer for 50% of the purchasing price (to be deposited in the notary’s account at the Public Revenue Office), where a corporation is involved (according to the Loi des Finances 2018). The deposit will cover:
- Registration fees: 5% of property value (2.5% for each party)
- Notary’s fees according to D.E. no.08-243 of 03/08/2008 (Official Gazette no. 45/2008)
- Publication fee (taxe de publicité foncière): 1% of property value
The value added tax is 19% (not added to calculate cost).
Time and cost: 3 days, DZD 259,560.84; (3% for first DZD 500,000 of property value, 2% for the next DZD 500,000, 1% for exceeding amount + 17% VAT is applicable on the notary fees)
The buyer pays registration and publication fees into notary’s account at the Public Revenue Office (Trésor Public)
Agency : Public Revenue Office (Trésor Public)
The buyer deposits a half of the property value to the Notary’s account at the Public Revenue Office. This deposit will not be returned earlier than 30 days after the completion of the property transfer (Art. 256 Code d’Enregistrement).
Time and cost: 1 day, DZD 1,467,365.02; (6% of the property value (5% registration fee + 1% publication fee))
Parties sign the contract at the public notary
Agency : Notary
After the deposit, the buyer provides the notary with the receipt. The notary then drafts the contract, which is signed by both parties, and issues a provisional copy of the sale agreement to the seller and a copy of purchase agreement to the buyer. The deed must be written in Arabic or else it would be considered void. The notary then continues with the registration of the transfer deed.
Time and cost: 1 day, no charge
The notary pays registration fees to the tax authorities (Recette des Impôts)
Agency : Tax authority (Recette des Impôts)
The notary deposits the deed to the Recette des Impots where the property is located for continuing with the registration formality of the transaction. The Recette des Impots issues an invoice for the notary to issues a payment of 5% of the purchase value for the registration fees to the local tax authorities. Subsequently, the tax authorities will check if there are outstanding taxes. After the review is over, the tax authorities issue an original deed (‘minute de l’acte) to the notary for his records only. The “minute” is the original received by the notary. The notary must keep it and cannot make it public.
Time and cost: 1 day, Already counted in Procedure 4
The original deed and documents are filed by the notary at the tax authority (Service de l’Enregistrement et du Timbre)
Agency : Tax Authority (Service de l’Enregistrement et du Timbre)
The original deed signed by both parties and all relevant documents are filed in by the notary, at the tax authority (Service de l’enregistrement et du timbre).
Time and cost: 3 days, no charge
File tax declaration and proof of payment at the local tax office (Sous Direction du Recouvrement des Impôts)
Agency : Local tax office (Sous Direction du Recouvrement des Impôts)
The Notary files the tax declaration and proof of payment at the local tax office (Sous Direction du recrouvement des Impôts), within ten days from the date that the contract is signed, and a receipt will be issued. This receipt is important as it will allow the notary to collect the reimbursement of 50% of the amount deposited in his account.
Time and cost: 1 day, no charge
Notary returns deposit to seller
Agency : Notary
After 30 days, and if there are no objections by the tax office, the notary delivers to the seller a check for the amount of the deposit or, if applicable, the amount minus the capital gains tax, if the latter was paid from the deposit.
Time and cost: 30 days, no charge
The notary issues payment for publication fee to the Local Land Registry (Conservation Foncière) for publication and issuance of the new deed
Agency : Local Land Registry (Conservation Foncière)
The notary issues a payment by check for the publication fee of 1% of the purchase value (part of 6% deposited by the seller) accompanied by a copy of the deed. The Land Registry then issues the updated property title (livre foncier) to the notary.
Time and cost: 18 days, Already counted in Procedure 4