a

Activity zone:

A space with a reduced area, serviced and/ or equipped, intended for the implantation of small and medium–sized industries.

Administrative deed:

A binding ruling taken by an administrative authority.

The concession of the public domain represents a deed that is subject to the administrative law and to administrative jurisdictions.

ANIREF: ED 07-119 dated April 23, 2007.

Intermediation and Land Regulation National Agency, created in 2007 as an EPIC, by the executive decree 07-119 dated April 23   , 2007, to contribute to the emergence of a transparent and competitive land and real estate market. It is under the guardianship of the Ministry of Industry, Small and Medium -sized Enterprises and Investment Promotion.

It carries out tasks of land and real estate properties management on behalf of owners, intermediation, land regulation and public economic land observation.

Annuity:

The money paid yearly by a debtor to his/her creditor. Under the concession, it is the annual fee paid by the concessioner to the state.

ANURB: ED 09-344 dated October 22, 2009

Town Planning National Agency created by the executive decree 09-344 dated October 22, 2009 in the form of an EPIC and is under the guardianship of the Ministry of Accommodation and Town Planning.

It represents the state’s main instrument for developing and monitoring development plans and Town planning. It is responsible for several expertise missions.

Area: Art 19 of the law 90 -29 amended and supplemented

A continued section of the commune for which general uses of land and town planning maturities are provided.

Asset:

A polysemous word with multiple meanings.

• Under civil law, it represents all the properties, whether movable or immoveable, owned by a natural or a legal entity.
• Under the accounting law, it is found in the left side of a company’s balance sheet and opposes its liabilities.

b

Beneficial interest: USUS

The right to use a thing, reap its fruits without being able to sell or lease it (selling or renting are the attributes of the ownership: abusus).

c

Cadastre: Ordinance 75.74 dated December 11, 1975.

The whole national territory mapping, having the commune at its base.

It defines and identifies the physical consistency of buildings and serves as a material basis for the land register (see land register).

It also designates the administration that establishes and updates this mapping and the documents related to it. It is managed by the National Agency of the Cadastre.

CALPIREF: ED 10 -20 dated January 12, 2010.

(Location, Investment Promotion and Land Regulation Assistance Committee), chaired by the wali and is in charge with the following missions:

• Constitution of a databank on the land offer in the wilaya;
• Location of implantation lands, for investors;
• Encouragement of public or private land promotion;
• Contribution to land regulation;
• Contribution to economic land optimization and use;
• Information dissemination concerning the land offer for investors;
• Evaluation  of the operating mechanisms  of the local land market;
• Suggesting the creation of new industrial parks or activity zones;
• Monitoring and assessment of the implantation and the achievement of industrial projects.

It intervenes on land properties, within the private domain of the state, that are not entrusted for management to ANIREF or to any other agency.

Certificate of compliance: Art. 75 of the law 90-29 dated December 1, 1990 amended and supplemented.

A document delivered by the president of the APC or the wali certifying the compliance of the constructions to the building permit.

Certificate of fragmentation: Art.59 of the law 90-29 amended and supplemented

A document delivered by the president of the APC, the wali or the minister in charge of town- planning, depending on cases, allowing the fragmentation of a built land property into two or many lots .

Completion permit: Art. 19 of the law 08-15 dated July 20, 2008

An administrative deed by which the administration authority allows the owner of an unfinished construction, but who has obtained a building permit, to complete the works.

Concession: ED 09-152 and 09-153 dated May 2, 2009.

Under public industrial land, it is a contract by which the state confers, over a specific period of time (33, 66, 99 years), the enjoyment of available real estate property that comes under its private domain for the implantation of an industrial project.

It is an administrative contract. Generally speaking, law or specifications (waters code, law on electricity and gas for example) provide the precise meanings they want to give to this word depending on the domain they rule.

As opposed to transfer that transfers the right of property ownership, concession transfers the enjoyment of it only.

Concession fees:

Besides the amount of the annual rental fee, the awardee pays proportionally to the reserve price of every asset:

-          The cost of ads, posters and publication,

-          The stamp of the minute of the concession minutes,

-          Registration fees,

-          Land publicity tax,

-          Compensation fees(costs of completing the deed),

-          Shipping if applicable.

Concession termination:

Forfeiture is the penalty for breach, by either party, of its contractual obligations. It terminates the contract, for the future.

Under land concession, it occurs by a common agreement or at the initiative of the administration when the concessioner breaks the clauses of the specifications

Conjuncture note:

A note describing the trends and variations of the land market .It is elaborated   annually by ANIREF and explains the list of prices.

.

Co- ownership: civil code.

Sharing the ownership of a building between several persons called co- owners. Every co- owner holds a lot that includes:

-          A private part.

-          A share of the common parts of the building (ground, yards, access road, roof....)

e

Excess assets: Art. 3 ED 09-153 of May 2nd, 2009.

Real estate properties held (enjoyment or ownership) by public economic enterprises and that are not necessary (according to a criteriology established by the executive decree 09-253) to the activity of the public economic enterprise and available real estate properties located inside industrial parks.

Expropriation: Art .2 of the law 91-11 dated April 27, 1991

Expropriation for public utility is a procedure by which the state and local communities can oblige a person to yield his/her properties or real estate rights, against a fair and equitable indemnification.

It is an exceptional mode of acquisition of properties and real estate rights. It should be used for the achievement of projects of general interest and public utility.

f

Forfeiture:

Loss of a right, as for the sanction of a fault or a breach of a commitment.

Under land concession, forfeiture is pronounced by the competent judge, on the referral of the Estates manager, when the concessioner commits a breach of the legislation in force and obligations included in the specifications.

i

Industrial/economic land:

All lands, that are urbanized or that can be urbanized, and real estate properties intended for investment and that are to host production units of goods and services.

Industrial park:

A relatively large, serviced and equipped area meant for the implantation of economic activities.

l

Land:

An extent of a non built ground meant to host an investment through concession when it is within the private domain of the state.

Land booklet: Deed 3 of the ordinance 75-75 dated December 11, 1975.

A document representing all the rights that exist on a building at the time of its publication in the land register; It is considered as a title deed.

Land conservation:

A genuine civil registry office of land and real estate properties that records all legal transactions. The land conservation is managed by a curator who establishes and updates the property file.

It is also responsible for land registration formalities.

Land consistency:

Land area, as mentioned in the real estate file.

Land or real estate asset:

An immovable built or non built property; raw or built land.

Land register: Ord.75-74 dated December 11th, 1975.

The land register establishes the legal situation of buildings and indicates the transmission of real estate rights.

It is made progressively of the establishment of the cadastre on the territory of a commune. (See real estate and cadastre file)

Land regulation:

Land regulation is defined as all the interactions between public or private, individual or collective actors that play an effective role in the decisions relating to land (setting land offer prices, assignment or validation of rights, registration...)

ANIREF’s action, under regulation, is to contribute ultimately to the emergence of a free land and real estate market intended for investment.

Land reserves: 0rdinance 74-26 dated February 20 1975 (abrogated).

All lands, located in a commune, belonging to the state, local communities or to private owners, located inside the urbanized zone as delineated by the PDAU(master plan of development and urban planning and the POS (land use plan).

Land tax: art 248 and 261 of the code of direct taxes.

A direct tax on built or non built properties paid to the communes and is determined according to the estimated rental value.

Land unit:

A set of contiguous plots belonging to the same owner or to the same joint ownership.

Lease: Art 467 to 537 of the civil code.

A contract by which the owner of a property leases it in return for an amount of money called rent. It is also referred to as rent .We make the difference between a commercial lease and a civil lease; their legal system is different.

The law 90-30 amended and supplemented and   the executive decree 91-454 amended and supplemented govern the lease of public properties.

List of prices of land:

A list of prices is drawn up and updated semi-annually by ANIREF.

The list of prices can be a reference to reserve prices at public auctions.

Location of a land:

Determination of the place where a land intended for the implantation of an industrial project is situated. CALPIREF contributes to the land location.

m

Market value:

The mercantile value of a real estate property. The market value corresponds to the price at which a property or a property right could be transferred in normal conditions of the offer and demand.

Master plan of industrial parks and activity zones: Art.41 of the law 01-20 dated December 12, 2001.

The master plan of industrial parks (IP) and activity zones (AZ) is an instrument of the national policy of the territory development that is to define the infrastructure of the installation of industrial enterprises in accordance with the options and guidelines of the national scheme of the territory planning and sustainable development. It plans the development and the location of industrial parks and activity zones.

Mortgage: Art. 882 to 892 of the civil code

It is a guarantee relating to an immovable property, established in favour of a creditor (hypothecary creditor) to secure a debt (mortgager).

A concessioner who has been granted a property within the private domain of the state can mortgage the right in rem arising from the concession to secure bank loans meant for the funding of the project for which the loan has been granted.

Mutual agreement:

An expression meaning amicably.

A concession procedure of a land or a real estate property, without competitive tendering. It is reserved to industrial projects of national interest(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 isolated areas( see public auctions) .

n

National domain: The constitution and the law 90-30 dated December 1, 1990

All properties and movable and immovable rights held, as a public or private property, by the state and its territorial communities. It includes:

-The private domain: all properties and movable and immovable rights that aren’t part of the public domain of the state and its territorial communities.

-The public domain: all properties and furniture and buildings owned by the state and its territorial communities that are used by all and that are at the disposal of the public.

It cannot be seized, is indefeasible and inalienable.

There is a distinction between the artificial public domain and the natural public domain.

National scheme of the territory planning: art.7of the law 01-20 dated December 12, 2001.

The national scheme of the territory planning reflects the fundamental strategic guidelines and prescriptions of the national policy of the territory planning and sustainable development.  It covers all the country and is a reference framework for the government’s action.

p

Property without usufruct : civil code

Dismemberment of the ownership right that gives the holder the right to dispose of the property (abusus) without the right of enjoyment, or use, that are reserved to the usufructuary.

Public auction: ED 09-152 and 09-153 dated May 2, 2009.

Procedure of a competitive bidding for the concession of a real estate property within the private domain of the state intended for investment.

Real estate administration: ED 97-154 dated May 1, 1997 pertaining to the administration of real estate properties: See real estate management.

The activity of real estate management covering:

•   The renting of premises for residential, professional, commercial and crafts use,

•   collection of the rent and the costs related to it , maintenance  of premises, of their common parts as well as facilities and equipments they may include,

• Supervision and guarding,
• Guarantee that the use of premises is in conformity with their intended purpose,
• To undertake any works, repairs and maintenance, including heavy works where appropriate.

r

Real estate agency:

A trader providing a mediation activity between real estate owners and the tenants or the purchasers of these properties. ANIREF conducts this activity for real estate properties intended for investment.

Real estate development: Art.2 of ED 93-03 dated March 1993

“All the actions that contribute to the achievement or the rehabilitation of real estate properties for sale, rental or satisfaction of personal needs.”

Real estate file: Decree76-63 pertaining to the institution of the land register:

It is the physical consistency and the current legal situation of buildings as published in documents (see land register).

Right of ownership: Art 674 of the civil code

The right to enjoy (enjoyment) and to use things: it confers to its holder three prerogatives:

-The right to use the thing: usus,

-The right to enjoy things and reap their fruits: fructus.

-The right to dispose of things (sale, rent, donation): abusus.

Real estate management: Real estate administration: see this word.

Rental fee: ED 09-152 and 09- 15 3 dated May 2, 2009.

Under land concession, it is the rent the concessioner pays in return for the enjoyment of the property granted. It represents 1/20, i.e. 5% of the market value of the property when the concession is granted by a mutual agreement, and 5% of the amount resulting from the award when the concession is granted at public auctions.

Reserve price: The maximum price at which bids start. It is established by the state according to the market value of the property.

Residual assets: art. 2 ED 09-153

Real estate properties within dissolved autonomous and non- autonomous public enterprises.

They are recorded by the estates manager in the register of the properties within the

Private domain of the state and then entrusted to ANIREF for management.

Right in rem:

A right dealing with a thing (from the Greek res) that is generally opposed to a personal right that represents a financial claim we exert on a person.

Right of Pre-emption (chefaâ): art.794 and the following ones of the civil code, and 71 of the law 90-25.

The pre-emption right is a right that allows its holder to acquire, by priority, a property for sale by its owner. The beneficiary of the pre-emption right substitutes for the buyer.

The state and the local communities enjoy this prerogative in real estate sales provided that the general interest is justified.

s

Sublease:

A transaction by which a tenant puts, in return for the payment of a rent, at the disposal of a subtenant a property he has been granted.

Under the land concession of a property within the private domain of state, the concessioner cannot sublease a granted raw land unless the investment project for which  the land was granted has been achieved.

t

Technical /economic study:

Presentation in the form of a study of the technical and financial aspects of an investment project.

The regional scheme of the territory planning:  art .22 and 41 of the law 01-20 dated December 12, 2001.

The regional scheme of the territory planning establishes the fundamental guidelines of sustainable development of programs-regions..

Town planning certificate: Art. 51 of the law 90-29 amended and supplemented.

A document indicating the rights to build and the easements affecting a given land. It is issued at the request of any person who needs it by the APC of the place of the location of the property.

Transfer:

A contract by which the ownership of a land or a real estate property is transferred in return for money.

Under industrial public land, a property within the private domain of the state cannot be transferred anymore (Ord. 08-04 dated September 1, 2008).

u

Updating:

An economic concept for calculating today the value of a property, an income, an expense to collect in the future .The main difficulty of updating lies within the determination of the rate to be applied or in the formula to be implemented.

Concerning land and real estate, we talk about the updating of prices, on the basis of the market value and the updating of the rental fee, every eleven years in the case of a concession (art. 9 of the ordinance 08-04 dated September 1, 2008.

Urbanized areas: Art .20 of the law 90-29 amended and supplemented

“Grounds, even not having all viabilities, occupied by agglomerated constructions, by their prospect spaces, and by the positions of equipment and activities, even non-built, green spaces, vacant areas, urban parks and forests, intended to serve these agglomerated buildings.”

Urbanizable areas: Art 21 of the law 90-29 amended and supplemented:

Lands intended to be urbanized in the short and medium –terms.