Consultation of pending encumbrances on the property at the Regional Land Registry
Agency: Land Registry (Conservation de la Propriété Foncière)
The parties generally conduct a search for pending encumbrances of the property prior to the notarization of the contract. They can do this by going to the property registry and looking up the property on the computers there, where titles are kept electronically. The property registry delivers to the parties (requesting it) a certificate showing the legal situation of the land (or the building).
Time and cost: 1 day, TND 20
Preparation and notarization of the contract
Agency: Lawyer, notary or redacteur of the Land Registry (CPF)
The contract agreement is prepared by a lawyer, notary public, or local council clerk (redacteur CPF employee) at the Land Registry (Conservation de la Propriété Foncière) after consultation with the property registry services. Both parties are summoned to sign it. Then the contract is notarized by a public notary or local council clerk (redacteur). Costs for this procedure vary according to who prepares the contract agreement. Businesses considered in the Doing Business case are likely to consult a lawyer even if fees are slightly higher. The lawyer fees are set freely between the parties while the notary fees vary from 1% to 5% of the property value. It is useful to note that local council clerks charge a minimum of TND 30 and a maximum of TND 300 for their service depending on the property and type of contract. In the case study TND 300 would be the applicable fee for the preparation. The fees charged by the local council clerks are based on the decree N° 92-2114 of November 30, 1992.
Time and cost: 7 days, TND 300.75 (TND 300 (contract) + TND 0.750 per signature (notarization))
Pay the transfer tax and the registration fee at the Local Tax Office
Agency: Local Tax Office
Fees and taxes should be paid during the application for registration at the local tax office.
Time and cost: 1 day, TND 26,408.72 (5% of property value (transfer tax) + 1% of property value (registration fee))
The buyer files for a title deed at the Land Property Administration
Agency: Land Registry (Conservation de la Propriété Foncière)
The Land Registry studies the application. If accepted, the operation is deposited and transcribed onto the Regional Land Registry.
The documentation shall include:
- Power of attorneys.
- Identification of representatives to the parties.
- Certificate of Company Registration
- Topographic plans of the property provided by the seller.
- Notarized contract (obtained in Procedure 2).
- Payment receipts for transfer tax and registration fees (obtained in Procedure 3).
Time and cost: 25 days, TND 45
Seller must inform the Municipality of the change of ownership
Agency: Local Municipality
By law, (article 17 of the Code de la Fiscalite locale), Law 97-11 of February 3, 1997, the former owner must inform the local municipality that the building has been sold and provide the proof of sale. Both the seller and buyer are jointly responsible for paying any outstanding taxes.
Time and cost: 1 day, no charge
