A new legal framework for settling non-conforming or illegal buildings – New Algeria

The government is moving towards preparing a legal framework to address cases not covered by Law 08_15 related to the regularization of non-conforming or (incomplete) buildings, which aims to regulate illegal buildings and issue regularization building permits and certificates of conformity, and includes buildings completed before August 3, 2008.
According to the report of a draft law containing the budget settlement for the year 2023, a copy of which “elhiwar us” has, the Director General of National Properties stressed that the classification of lands is currently being carried out according to legally approved reconstruction tools, with a move to prepare a legal framework to address cases not covered by Law 08-15.
In the same context, the spokesman acknowledged the necessity of reviewing the mechanisms for implementing Instruction 4300 related to unclaimed real estate in order to achieve a balance between facilitating procedures and protecting state property, and last March it issued The General Directorate of National Property Instruction No. 4300 dated March 10, 2025, which established a system that would effectively take care of files related to settlement requests for real estate registered in the unclaimed real estate account during land survey work, as well as real estate registered mistakenly in the name of the state while its ownership belongs to natural persons without automatic recourse to judicial authorities on the pretext that the numbering has become final and to preserve the rights acquired through public contracts, administrative contracts, or through other recognized documents. Legally.
The Director General of National Properties confirmed that industrial real estate is subject to the provisions of Executive Decree No. 23-17, while working to review some articles to support investment, in addition to settling the situation of serious investors. He also indicated lifting the freeze on 68 headquarters across the states and including them among the priorities, stressing in the same context the continuation of modernizing the legal framework, enhancing discipline in the management of state property, and improving public service.
Most of the MPs’ concerns revolved around the non-implementation of some final judicial rulings, the recorded delay in handing over real estate books and the lack of publications, in addition to recording difficulties in handing over concession contracts and a weakness in collecting the remainders. They stressed the necessity of reviewing the royalties for the exploitation of agricultural lands, updating the regulatory texts, enhancing the human and material capabilities of the state directorates, leveling buildings in accordance with Law 08-15, and fighting encroachments on state property, in addition to calling for benefiting from international experiences in governance. And digitization.
When he touched on the proceeds of revenues collected under the title of the product and revenues of the properties of the tour, land survey and preservation of the property until December 31, 2023, he explained that they amounted to 86,890,160,008 DZD with a completion rate of 127.24 compared to the estimates specified in accordance with the Supplementary Finance Law for the year 2023. The results also indicate an increase of 16.68 billion DZD, or 23.76%, compared to the revenues achieved during the year 2022..
According to what was stated in the Ministry of Finance’s report, 76.79% of these revenues came from the results of the transfer of movable and real estate assets, at 42.75%, and from rental and exploitation income, at 34.04%. In the same context, revenues from the transfer of movable and real estate assets amounted to 37.14 billion DZD in the year 2023, recording a collection rate of 257.17% compared to the estimates specified under the Corrective Finance Law of 14.44 billion DZD, an increase of 209% compared to the revenues achieved during the year 2022..
Fouad Q
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