تطور المركز القانوني للمرقي العقاري الخاص في التشريع الجزائري

Abstract

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