الخلاصة:
The legal status of private estate developer has seen remarkable changes after the
promulgation of Law No. 11-04 of 17 February 2011 laying down rules governing the
activity of real estate development and executive decrees that put in order. The
Algerian legislature has a set of rules and automatisms that can implement a legal
settlement to give this category a more active role, expanding its intervention in the
exercise of its real estate development activities and carry out definition of terms and
conditions for the exercise of this type of activity, particularly with regard to obtaining
the legal authorization before taking the job that was practiced by persons not meeting
the skills to practice in this area.
The Algerian legislature does not limit himself only to establish these
procedures, but it has put in place a set of procedures governing the relationship
between real estate developers, including private ones, with third parties, they are
subscribers under operations sales and leasing, and other professionals that use the
proponent to ensure construction operations.
For subscribers who want to acquire home ownership as part of the sales formula
of the plan, the legislature has obliged all property developer initiators of the
completion of these housing projects need to respect the legal obligations that bound
together subscribers , whether the obligations that arise before the completion of this
particular with regard to building and barracks real estate project completed in proper
time, or those that abide by the real estate upgraded after the full completion of the
construction process and the basis of certain guarantees related to ensuring the transfer
of ownership of the barracks completed, and also to the conduct and management of
these properties.
For new legal procedures governing the relationship with the private developer
involved in the construction operation, the legislator has stipulated the need to use the
services of a contractor and any other person to carry out the projects of housing with
perfection. A contract between the parties must be passed before a notary. This
relationship does not end with the completion of construction and final acceptance of
the building project done, but it takes to ensure the parties jointly contractual
relationship of any prejudice that would effect the building project realized during the
warranty period