|Act No. 13/AN/13/7th L establishing the rules governing real estate promotion activity.|
NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.
VU The Constitution of 15 September 1992;
The Council of Ministers heard at its meeting on 05 February 2013.
Article 1: The purpose of this Act is to govern the real estate promotion activity in the Republic of Djibouti by defining the conditions of exercise, the status of the real estate developer and the relationship between developers and buyers.
Article 2: For the purposes of this Act:
- The promise of sale is a prior sales contract signed by the seller (the real estate developer) and the purchaser of a real property, and established before notary.
Article 3: In terms of design and construction, the activity of real estate promotion is governed by the general rules of development, urban planning and construction in force and those established by this Act. No real estate program can be set up in contradiction with the content of duly approved planning and urban planning without the required development authorizations.
Article 4: The real estate promotion activity consists of all the operations involved in the realization of real estate programs for sale or for sale. It is exercised by natural or legal persons.
Article 5: Physical persons exercise the activity of real estate promotion individually.
Article 6: To carry out the real estate promotion activity, real estate developers either individually or in the form of a private law corporation must be previously approved. Only registered real estate developers and registered in the trade register are allowed to initiate real estate programs. No one can claim the quality of real estate developer or exercise this activity if he or she is not a proprietor.
Article 7: The real estate developer is responsible for the coordination of all operations related to the studies, research and mobilization of funding and the execution of the real estate program's work according to the rules of art.
Article 8: The State intervenes in the exercise of real estate promotion activity through its specialized public institutions and housing cooperatives.
CHAPTER 1: REALIZATION OF THE IMMOBILAR PROJECT
Article 9: Real estate developers carry out their activities through the realization and management of real estate projects, the sale or rental of real estate products.
Article 11: Real estate projects are classified according to habitat standing as follows: social housing:
Article 12: For the realization of a real estate program, the developer concerned must first request from the housing department, the approval of the said real estate program, by submitting an application to which is attached a file which includes the written documents and drawings of the projected works as well as the financing guarantees of the project. The notification of approval of real estate programs specifies the classification of the project following the standings defined in Article 11.
CHAPTER 2: CONDITION OF THE IMMOBILAR PROJECT
Article 13: The real estate programme is carried out in accordance with the financial capacities of the target population by:
Article 14: With the exception of housing cooperatives that produce social or medium standing housing for their members and individual self-builders, social housing is produced on behalf of the State or its specialized public institutions to ensure access to decent housing for low- and middle-income households.
CHAPTER 3: RESPONSIBILITIES OF THE PARTIES
Article 16: Unless otherwise provided in this Act, the sale of real property, individual or collective, constructed by real estate developers as part of the activities defined in the above section, shall be governed by common law.
Article 17: The conditions for the disposal of property arising from the real estate promotion activity must be defined in a written contract between the real estate developer and the purchaser, before a notary. The sale, by a real estate developer, of a real property built, to be built or under construction, must be subject to a contract duly established in the authentic form, in accordance with the existing legislative and regulatory provisions.
Article 19: In addition to the consent of the two parties on the property sold and the selling price, the real estate must, under penalty of nullity of the contract, meet the technical and functional requirements required in respect of inhabitability.
Article 20: The real estate developer is responsible for the proper implementation of its obligations and for the persons with whom it has dealt with in a real estate project. To this end, it must take all necessary technical and legal measures to facilitate the management and preservation of the property.
Article 21: In particular, he is responsible for the full right of damage, even as a result of a soil defects, which compromise the solidity of the works or affect it in one of its constituent elements or one of its equipment and render it unfit for his destination. Its liability is only clear if it proves that the damage comes from a case of force majeure.
Article 22: The real estate developer must, for the benefit of its customers, commit its civil liability. As such, he is obliged to require his masters, contractors and other partners, all the legally required guarantees and assurances. These guarantees benefit the owners of the property produced.
SECTION 2: The obligation of buyers
Article 23: The subscribing of a contract is required to comply with the terms and to honour, as scheduled, the payments under its responsibility; the non-payment opening right, for the benefit of the real estate developer, to a penalty on the amount fallen. This penalty is specified in the contract between the proponent and the purchaser.
Article 24: The temporary concession of land in the private domain of the State and the emphytéotic lease constitute the modes of access to urban land by natural or legal persons of public or private law carrying out the activity of real estate promotion.
Article 26: The mobilization of the land necessary for the realization of social housing programmes and their viabilisation are the responsibility of the State.
Article 27: In addition to the land access modes provided for in section 24 above, real estate developers may acquire land by purchase for the exercise of their business.
PART V: SANCTIONS
Article 28: Offences to the provisions of this Act and the legislation taken for its application are punishable by administrative or penal sanctions and result in the withdrawal of the accreditation and suspension of the ongoing activities and the benefits granted without prejudice to the prosecution.
Article 29: Offences are found by officials authorized by the Department of Housing. To do so, they are required to prepare a detailed report on the type of offences committed by the property developer.
Article 30: Administrative sanctions are imposed by the departmental housing department after the advice of the Consultative Commission on the Promotion Immobilière. The suspension or withdrawal of the licence, the suspension of the activities or benefits granted for the realization of a real estate program, if the real estate developer:
Article 31: Penal sanctions are imposed if the real estate promoter:
Article 32: Real estate developers already in Djibouti have a period of four and twenty ten (90) days to comply with the provisions of this Act as of the date of its publication.
Article 33: This Act repeals all previous provisions to the contrary.
Article 34: The Minister of Habitat, Urbanism and the Environment, the Minister of Budget and the Secretary of State to the Ministry of Habitat, Urbanism and the Environment responsible for Housing are responsible for its implementation.
Article 35: This Act shall enter into force as soon as it is published in the Official Journal of the Republic of Djibouti.
|Done in Djibouti on 07/07/2013 |
President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH