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Discover the key steps and essential tips for successfully navigating the legal procedures related to purchasing a villa in Djerba Zarzis. Our complete guide sheds light on the important documents, the legal checks to carry out, and the pitfalls to avoid to secure your real estate investment. Whether you are an experienced buyer or a newcomer to the world of real estate, our article offers you the essential information for a peaceful and secure purchase in Djerba
Purchase procedure by Tunisians
Real estate ownership between Tunisians is carried out by signing a sales contract. Tunisian law does not require authorization from the governor. Before buying, you must check the constructability of land in Djerba.
Purchases of real estate can relate to land, apartments, houchs, villas, houses in Djerba Zarzis.
For purchases of houses by the sea, it is also necessary to check that the setbacks from the coastline are respected.
Legal framework for purchases by foreigners (French, German, Swiss, Italian, etc.)
Foreigners can buy in Djerba Zarzis under the following conditions:
The property must be located in an urban or tourist area. You must check the use of the land at the town hall of Houmt Souk or Midoun or Zarzis.
The house or land must comply with current town planning legislation.
It is necessary to legally import currencies. In other words, the buyer must open an account in Tunisia and must make a transfer from his account in France to his account in Tunisia.
It is also possible to make a payment directly from France to the seller's account in Tunisia. In this regard, you must always ask the local bank for certificates which prove that the payment was made from a legal importation of currencies and that this money was used to pay the seller.
The purchasing procedure in Djerba Zarzis involves five steps:
Opening an account in Tunisia in foreign currency or convertible dinar
Signature of the promise of sale subject to obtaining authorization from the governor.
Request for authorization from the governor.
Authorization from the central bank.
Conclusion of the final sales contract.
The real estate portal provides you with lawyers in Djerba who take care of all the legal matters. Real estate sales contracts will be drawn up in French.
The promise of sale must contain the following elements:
the terms of payment of the price,
the delimitation of the property,
a guarantee of hidden defects,
the enjoyment of good,
the suspensive condition of obtaining authorization from the governor,
the governor's request for authorization.
Request for authorization from the governor
This is a request made to the governorate of Medenine for purchases in Djerba and Zarzis. This request requires several documents that the seller must gather before signing the promise of sale:
Tax clearance of the seller and proof of payment of property tax,
Topographic survey,
Architectural plan of the house,
building permit,
Reassembly report or certificate of conformity,
National ID card,
etc
Central bank authorization
As soon as you obtain authorization from the governor, you will need to make a request to the central bank to obtain authorization to acquire real estate with the guarantee of repatriation of funds.
The exception: Procedure for purchasing real estate by Algerians
The purchase must relate to a property located in an urban or tourist area. Tunisia has concluded an international convention with Algeria which exempts Algerians from the governor's authorization.
However, this convention has not been applied. The curator of land ownership in Tunisia has exempted the Algerians from the request for authorization from the governor in the case where the price of the sale exceeds three hundred thousand Tunisian dinars and the property must be titled in the land registry then it has a title land.
The buyer must make a foreign currency import or declare the money to customs.
The exception: Purchase made by Moroccans
Moroccans are exempt from the governor's authorization to the extent that Morocco applies the international convention.
Pitfalls to avoid when purchasing real estate in Djerba Zarzis
Request a proofing report or certificate of conformity
You should avoid buying a house in Djerba Zarzis which does not have a proof of inspection.
The inspection report is a certificate from the town hall which proves that the property has complied with town planning regulations.
Always ask for building permission
In fact, you must first request building authorization and compare it with the existing construction.
Take a topographical survey
a topographical survey is essential before making any real estate purchase.
Check setbacks against neighbors
Before buying, you must check the setbacks in relation to neighbors. The setbacks in urban areas are of the order of 4 meters in urban areas and in agricultural areas they are of the order of 5 meters.
If you buy a house where the setbacks are not respected, your neighbor can take legal action to demolish the structure located in the setback.
Don't be fooled by the size of the blue title
You must always calculate the surface area by deducting the roads.
Avoid paying for reservations
You should never pay for a reservation. This practice is illegal. Payment must be made after examining the documents by check or transfer directly to the seller.
Payments made for a third party have no value.
Generally, payment must be made upon signing the promise of sale or upon signing a memorandum of understanding and after verification of all documents. Prohibition on paying in cash, you risk never seeing your money again in the event of disputes. Cash payment has been banned since 2019 in Tunisia.
Always keep payment receipts. It’s security for you.
Declare your money correctly at customs
If you bring back currency in cash, declare it so you can repatriate it later.
Avoid buying with a Tunisian surname
There are foreigners who buy in the name of a Tunisian, generally in agricultural areas (nominee agreement). This practice is illegal because it does not provide guarantees to the financing foreigner. This practice of acting as a nominee does not allow the investor to repatriate the money. If the nominee dies, or becomes insolvent, the investor loses his property.
Likewise, buying in an agricultural zone does not constitute any guarantee relating to the reimbursement of sums of money and the repatriation of money.
Check the presence of independent water and electricity meters
Indeed, there are many “clandestine” houses built without authorization and which do not have an independent water meter.
Always pay the seller directly
Some sellers draw up powers of attorney. You must pay the seller directly and not the agent. Always ask for a bank certificate proving payment.
Take steps with the central bank
Upon receipt of the governor's authorization, a request must be made to the central bank in order to obtain authorization from the central bank. Make a request to the central bank of Tunisia.
Register for the investment forms platform (non-resident) with the central bank of Tunisia. This platform will allow you to repatriate your money easily.
Ask how much the registration fee costs
You must ask the question in advance about the amount of registration fees.
Registration fees in Djerba and Zarzis are 1%, 6% or 9% of the amount of the sales contract.
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