HOW CAN YOU GET A LAND? Depending on what activity sector your project comes under and according to its scale, you can get in touch with various organs and organizations: - You have a tourism project? Contact Tourism Development National Agency (ANDT) - You have an industrial project? Contact ANIREF or CALPIREF; - You have a project which is of national interest? Your project falls under the jurisdiction of national investment council (CNI) WHAT IS ANIREF? ANIREF “Intermediation and Land Regulation National Agency “, is a governmental agency that is in charge with putting at your disposal its own real estate property or property it manages on behalf of the state or any other owner. WHAT IS CALPIREF? CALPIREF ( Location , Investment Promotion and Land Regulation Assistance Committee). It is an organ, chaired by the Wali or his representative. It can both inform and assist you locate your investment projects. ANIREF is a member of this committee IN WHAT CASES REFER TO ANIREF OR CALPIREF? It depends on the good that is in demand : - If the good comes under ANIREF’S portfolio, it is your interlocutor then. - Otherwise contact CALPIREF, in case the property comes under the state-owned private property excluding tourism land, land managed by ANIREF and land located at the perimeter of new towns. WHAT IS ANIREF’S PORTFOLIO MADE FROM? ANIREF manages two portfolios: - A portfolio consisting of “residual assets” resulting from the dissolution of public companies, and “surplus assets” representing properties held by public companies and that exceed their needs as well as properties that remained available in industrial parks. - A portfolio consisting of its own properties. It has acquired these properties in order to retrocede them to investors once they have been improved and subdivided. HOW TO KNOW ABOUT ANIREF LAND AVAILABILITY? You can either go directly to the agency: its head office & regional branches are at your disposal to supply you with any information you want or consult the agency land and real estate database freely available on its website : www.aniref.dz.
ONCE THE GOOD IS IDENTIFIED, HOW TO OBTAIN IT? If the good comes under the private domain of the state, you can obtain it as a concession only, i.e. you have the use of it for a long period. WHAT IS A CONCESSION? It is a contract whereby the state which is the owner of the property, grants you the use of it. It is a deed issued to the land conservation. WHAT IS THE DIFFERENCE BETWEEN A CONCESSION AND A TRANSFER? The transfer or sale transfers to you the possession of the good subject of the transaction. While the concession grants you the right to use the good. HOW LONG DOES A CONCESSION LAST? 33 years, 66 years or 99 years maximum. WHAT HAPPENS WHEN DURATION OF THE CONCESSION REACHES ITS END? The dealer can ask the state owner for a continuation of the duration of the concession. HOW TO PROCEED IN ORDER TO RENEW THE CONCESSION? Do we have to go to the bids once again? No! You just have to address, on due date, a demand of renewal to the estates officer. WHAT HAPPENS IN CASE OF NON-RENEWAL OF THE CONCESSION? Two hypotheses are possible: - The concession concerns a real estate set , the state gets back its property. - The concessioner has built on the ground: he remains the owner and becomes tenant of the granted good. WHAT HAPPENS AT THE END OF THE MAXIMAL DURATION OF 99 YEARS? If the granted good is a bare ground, the investor changes status and becomes tenant If the granted good is a real estate set, the state gets it back. DOES THE CONCESSION ENJOY GUARANTEES? Absolutely! The concessioner enjoys law protection. The concession is not revocable and can neither be forfeited nor terminated unless the failure of the concessioner has been established. DOES THE CONCESSION OFFER ANY BENEFITS? The concession benefits are numerous. - The stability concerning the enjoyment of the good over a long period of time. - The exemption from paying property tax. - The payment of a simple rental fee instead of a purchase price. - Rental fees deductible in determining taxable profits. - Stability of the rental fee over 11 years, after which it is updated.
CAN WE OBTAIN A BUILDING PERMIT WITH A MERE CONCESSION? Perfectly! You can get a building permit, or even a demolition permit if you want to destroy the buildings constructed on the land on which you are a concessioner. MAY BUILT GRANTED PROPERTIES BE DEMOLISHED? The concessioner can demolish the buildings that do not fit his project at his own expense. WHO IS THE OWNER OF CONSTRUCTIONS BUILT ONCE THE PRE- EXISTING BUILDINGS HAVE BEEN DEMOLISHED? The investor / concessioner is the owner of the constructions. He must establish a notarized deed of property. CAN THE CONCESSION BE USED TO SECURE A BANK LOAN? Sure! You can mortgage the real right arising from the concession to guarantee bank loans. IS THE CONCESSION TRANSMISSIBLE? The concession can be transmitted by means of transfer or by inheritance to heirs. IS THE CONCESSION ASSIGNABLE? Once the project is completed, the real right arising from the concession may be transferred along with the buildings erected on the granted bare ground. However, a non-transferability period of 5 years must be observed when the concession is a real estate built asset. CAN YOU SUBLET THE RIGHT TO CONCESSION? If the concession covers raw land, once the project is completed and after its commissioning has been established, the concessioner may sublet his right to enjoyment of land and lease the buildings he owns in fee. CAN YOU CHANGE ACTIVITY AFTER THE PROJECT IS COMPLETED? Yes, if all the commitments mentioned in the business requirements document are met.
HOW TO KNOW THE DUTIES CHARGEABLE TO THE CONCESSIONER? The rights and obligations of the investor / concessioner are defined and detailed in the specifications signed by him and which is an integral part of the concession. WHAT ARE THE MAIN OBLIGATIONS OF THE CONCESSIONER? The concessioner is subject to a series of bonds mentioned in the specifications but he is chargeable of two key commitments: - The completion within the allotted time (possibility of extension, under condition), of the project which the concession was granted for. - The annual payment of the rental fee. WHAT IS THE COUNTERPART OF THE CONCESSION? In return for a concession, you must pay the owner a rent called rental fee. How is the amount of this rental fee determined? - In the process of a public auction, the amount of the rental fee results from the award, on the basis of a reserve price of 5% (1 / 20) of the value of the property. - In the mutual agreement procedure, it represents 5% (1 / 20) of the value of the property. IS THE AMOUNT OF THE RENTAL FEE FIXED AND FINAL? The amount stipulated in the concession remains stable over a period of 11 years. After this period, it is updated on the basis of the land market price. HOW DO I PAY THE RENTAL FEE? The payment of the rental fee is annual. WHERE DO I PAY THE RENTAL FEE? The payment of the rental fee is made at the territorially competent estate inspection cash desks . ARE THERE ANY OTHER FEES CHARGED TO THE CONCESSIONER? The investor / concessioner pays, in addition to the rental fee, the following charges: - The cost of ads, posters, publications, - The minute-stamp of the concession minutes, - Registration fees, - Land Publicity Tax, - State- owned property compensation costs (costs of completing the deed), - Shipping where applicable. WHAT ARE THE RISKS IF THE CONCESSIONER FAILS TO MEET HIS OBLIGATIONS? The investor / concessioner who does not respect his commitments incurs two penalties: - Termination for non-compliance with the terms of the specifications. - Forfeiture for breach of the legislation and the obligations listed in the specifications, after two formal warnings remained unsuccessful.
HOW TO OBTAIN THE GRANT OF A REAL ESTATE GOOD? By taking part at bids held by the estates management, in collaboration with ANIREF or by a mutual agreement with the approval of the Cabinet. HOW TO CHOOSE BETWEEN THE TWO APPROACHES? The participation to public auctions is announced by ANIREF by a large advertising campaign through print media, posters and displayed on its website. However, the mutual agreement procedure is accessible only if you carry a project of national interest. WHAT IS A PROJECT OF NATIONAL INTEREST? Fall into this category: - Projects considered priority , - Projects participating to the satisfaction of the housing demand , - Projects with a strong job-creating or added value, - Projects contributing to the development of poor or isolated areas . WHO CAN PARTICIPATE TO PUBLIC AUCTIONS? Any legal or natural person or of an Algerian or foreign Nationality: - On-investment project, - With a proved place of residence, - Creditworthy, - Enjoying his civil rights. DO FOREIGNERS BENEFIT FROM ANY PREFERENTIAL TREATMENT? No! Law applicable to investment prohibits discrimination between Algerians and Foreigners. WHAT ARE THE STEPS TO TAKE TO PARTICIPATE IN PUBLIC AUCTIONS? Simply: - Constitute a file comprising a data sheet describing the proposed project, technical details of the asset chosen and the specifications (documents available at ANIREF and downloadable from the website of the agency) - Remove the specifications at the estates management of the location of the property. - Drop a deposit representing 10% of the amount of the reserve price at the territorially competent estates inspection. CAN YOU APPOINT SOMEONE TO REPRESENT YOU IN THE BIDS? Perfectly! Your agent must just be equipped with a notarized letter of proxy and a certificate proving your creditworthiness. WHERE TO DEPOSIT THE FINALIZED FILE? At the territorially competent regional branch of ANIREF. IS THE SPECIFICATIONS PAYING? Yes! At the time of its withdrawal from the territorially competent estates inspection. WHO ORGANIZES PUBLIC AUCTIONS? Territorially competent estates management, with ANIREF. WHO FIXES THE RESERVE PRICE? The estates management of the location of goods, as the state/owner agent. HOW TO PARTICIPATE IN PUBLIC AUCTIONS? Investors can submit their offers either orally on the day of auction proceedings or in writing by filing or submitting a sealed bid to the estates services of the location of the targeted good. Both verbal and written modes can be combined. IN WHAT ORDER DO BIDS OCCUR? The bids begin with verbal offers after which sealed offers are opened. In case the sealed offer is superior to the best verbal offer, a new bid is organized, uniquely between the holders of the best verbal offer and the best sealed offer. ARE THERE ANY WAYS OF APPEAL? All disputes in relation to are carried in front of the presiding officer of the award office, who will then rule. WHO ESTABLISHES THE CONCESSION DEED? The estates manager of the location of the granted good. WHEN DO WE TAKE POSSESSION OF THE GRANTED GOOD? The taking possession is effective after signing the minutes of delivery of the concession deed established by the estates Manager.
