Subscribe to a Global-Regulation Premium Membership Today!

DECRET N° 13/032 OF 25 JUNE 2013 PORTANT REGULATION OF THE EXERCISE OF THE IMMOBILAR EXPERT PROFESSION.

The Prime Minister,

In view of the Constitution, as amended and supplemented by Act No. 11/002 of 20 January

2011 reviewing certain articles of the Constitution of the Democratic Republic of the Congo, especially in its article 92;

In light of Act No. 73-021 of 20 July 1973 on land, land and property regime and security regime, as amended and supplemented by Act No. 80-008 of 18 July 1980;

Having regard to Order No. 12/003 of 18 April 2012 appointing a Prime Minister;

Having regard to Order No. 12/004 of 28 April 2012 appointing Vice-Premiers

Ministers, Ministers, a Minister Delegate and Deputy Ministers;

Having regard to Order No. 12/007 of 11 June 2012 on the organization and operation of the Government, practical modalities for collaboration between the President of the Republic and the Government and between members of the Government, including articles 9, 10 and 11;

Having regard to Order No. 12/008 of 11 June 2012 establishing the powers of the Ministries;

Considering the need to regulate the exercise of the real estate expert profession, so as to clean up the real estate market and to combat tax intoxication in real estate assessments;

On the proposal of the Minister of Foncières;

The Council of Ministers heard;

D E C R E T E

CHAPTER 1: GENERAL PROVISIONS

Section 1: From the object.

Article 1

This Order applies to the regulation of the exercise of the real estate expert profession.

Section 2: Definitions

Article 2

For the purposes of this Decree, it is understood that:

- Chamber of real estate experts: an organization comprising all professionals of real estate evaluation or expertise, as set out in this Decree;

- Evaluation or real estate expertise: a reasoned opinion on the value of a building, for a particular purpose, at a given date;

- Real estate expert: an independent professional, a natural or legal person, whose profession consists in defining, impartially and accurately, the value of a property, a property right and a real estate right, whether it is of residence, enterprise, a trade, agricultural, forestry, artisanal or industrial property, of leisure, of office;

- Rental value: the annual financial counterpart, likely to be obtained on the market for the use of a real property, as part of a lease contract. It therefore corresponds to the rent of the market, which must be able to be obtained from a real estate property to the usual terms and conditions of the leases, for a class of goods and in a given region;

- Veal value: the value of the market that corresponds to the amount that the seller owner can expect to obtain in normal condition of the real estate market, at the time of the expertise;

- Register: the directory renamed all approved real estate experts in accordance with the conditions prescribed by this Decree;

- Stagiaire: a postulant real estate expert who is subject to professional training required by the Chamber.

CHAPTER 2: EXERCISE CONDITIONS OF THE EXPERT PROFESSION

IMMOBILIER

Section 1: Conditions.

Article 3

Real estate experts are part of an organization called the “Case of Real Estate Experts of the Democratic Republic of the Congo”.

The Chamber of Real Estate Experts of the Democratic Republic of the Congo has a legal personality. Its statutes determine its organization, functioning and ethical rules.

Article 4

The exercise of the real estate cxpert profession is reserved for members of the

Room. It is done either individually or in association, in accordance with the terms set out in the statutes and regulations of the Chamber.

Article 5

The real estate expert profession is a liberal and independent profession.

It is exercised in accordance with the laws and regulations, as well as the ethical rules relating thereto.

Article 6

No one may be admitted to the House of Real Estate Experts if he does not meet the following conditions:

- Having Congolese nationality;

- Be a graduate degree from a University or Institute of Higher Studies of the Building and Public Works, or have received equivalent training justifying knowledge of real estate expertise;

- Not having been condemned for acts contrary to honour, probity and good morals, unless they have been amnesty or rehabilitated;

- Rationale for good driving through the production of one:

(i) Certificate of good life and customs issued by the administrative authority of the place of residence for the past five years;

(ii) Extract from the valid judicial record;

- Justifying to have a tax number;

- At the time of registration in the record of the chamber, to the Court of Appeal, to give the following oath: “I swear obedience to the Constitution and the Laws of the Chamber

Democratic Republic of the Congo, to faithfully fill, in soul and conscience,

the missions that will be entrusted to me as a real estate expert.”

Article 7

Subject to reciprocity with the country of origin of the applicant or under international conventions, the exercise of the profession of real estate expert by a foreigner, individually or in association, shall be subject to the conditions established by the Chamber.

People of foreign nationality take the following oath before the same court of appeal: “I swear to fulfil faithfully, in soul and conscience, according to the requirements of the Constitution and the laws of the Democratic Republic of the Congo, the missions entrusted to me as a real estate expert”.

Section 2: Internship

Article 8

Subject to the exemptions provided for in this Order, prior to registration, the real estate expert shall receive professional training during an internship, under the guidance of a real estate expert registered in the Register of the Chamber.

The conditions for admission to the internship are set out in the statutes and regulations of the

Room.

Section 3: Registration to the Register.

Article 9

No one shall be entitled to be a real estate expert or to practise his profession if he is not registered in the Register of the Chamber.

May be registered in the House Register:

- Real estate experts who have completed their internship and have obtained the certificate of professional fitness;

- Persons exempted from the internship and the certificate of professional fitness, under the provisions of Article 10 below;

- Persons who justify having taken an oath as provided for in Articles 6 and 7 above.

Article 10

They are exempted from the internship and certificate of professional fitness, persons who have the status of a registered real estate expert or have acquired an equivalent title or quality.

CHAPTER 3: MISSIONs, INCOMPATIBILITES, ETHICS and HONORARIES.

Section 1: Missions

Article 11

The real estate expert can be entrusted with diversified missions, according to the will of the one who appeals to his services.

It may carry out the following missions:

- A real estate assessment giving rise to a certificate of expertise;

- A mandate, by a financial organization, for the purchase, processing or sale of a building;

- Insurance and quality expertise on a building;

- Judicial expertise;

- Amicable expertise;

- Expertise for debt recovery;

- Voluntary arbitrations;

- Expertise for successions;

- The state of the places of entry and exit, in the context of the rental;

- The observation of progress of work, during the transformation of a building;

- Management of real estate heritage;

- Indivision exit;

- Assessment of rental values;

- The establishment of basic acts or the descriptive state of division of condominiums;

- Real estate diagnosis.

Section 2: Incompatibility.

Article 12

The real estate expert’s profession is incompatible with the exercise of any other activity that affects the independence and liberal character of the profession. These include:

- Any permanent function in a public administration that would not be free;

- Any gage job creating a subordination link.

However, the profession is not incompatible with teaching in a university or higher institute.

Section 3: Ethics and Professional Ethics.

Article 13

In the exercise of his profession, the real estate expert undertakes to respect the rules

ethics and ethics of the profession as prescribed in the statutes and

by-laws of the Board in relation to it, in its relations with its principal or client,

vis de ses pairs et à l’égard des tiers.

Section 4: Fees.

Article 14

The contract of expertise between the real estate expert and his client defines the reciprocal commitments undertaken within the framework of a mission that one confides and the other undertakes to carry out.

The fees provided are the fair remuneration and are set in common agreement between the real estate expert and the client, as part of a minimum and maximum tariff decided by the Chamber.

CHAPTER 4: DE LA DISCIPLINE

Article 15

Any breach of professional obligations, dignity, probity, honour and delicacy in the exercise of the profession constitutes a disciplinary offence punishable by a sanction in the head of the real estate expert.

Article 16

The applicable disciplinary sanctions are:

- The warning;

- The blame;

- Prohibition of accepting or continuing certain missions;

- Temporary exclusion;

- Radiation.

Disciplinary proceedings are set out in the statutes and regulations of the Chamber.

Article 17

Any person who has unlawfully exercised the profession of real estate expert shall be punished by a penalty provided for in the legislation in force in respect of quality usurpation.

CHAPTER 5: TRANSITIONAL AND FINAL PROVISIONS

Article 18

Any person who exercised the profession of real estate expert prior to the entry into force of this Decree and attests to it may continue to practise the profession, pursuant to this Decree.

Article 19

Within three months after the entry into force of this Decree, the Minister with the Foncières in his powers shall establish a commission comprising not more than 20 real estate experts already exercising the profession in a liberal manner, with a view to the elaboration of the statutes establishing, organizing and operating the Chamber of Real Estate Experts of the Democratic Republic of the Congo.

Rule 20

The conditions for designation as a member of the said commission are:

- Be an expert in a registered real estate valuation/advice in the Tribunal de Grande Instance and have exercised, on a liberal basis, continuously for at least 10 years;

- Be the holder of the title of real estate valuation expert/professional expert, in accordance with the requirements of an international corporation.

Article 21

The Minister of Foncières is responsible for the execution of this Order which comes into force on the date of its signature.

Done in Kinshasa, 25 June 2013.

Matata Ponyo Mapon

Mbwinga Bila Robert

Minister of Foncières.