Act No. 2013-04 Of July 8, 2013

Original Language Title: Loi n° 2013-04 du 8 juillet 2013

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Act No. 2013-04 of July 8, 2013 Act No. 2013-04 of July 8, 2013 repealing Act No. 77-85 of August 10, 1977, submitting to prior authorization some real estate transactions and establishing a system of prior declaration to transactions involving immovable property or an interest in land.

STATEMENT of reasons the consent of real estate transaction is established in Senegal by Act No. 77-85 of August 10, 1977 for all transactions relating to the transfer of property excluding those whose transfer price increased charges is less than 10,000,000 CFA francs.

Historically, this scheme has been consecrated, in a context of fight against the wild capital who are invested in the commercial sector causing a worsening of the price of buildings and resulting in the operations of expulsion of nationals of their home and their place of work. Watermark, the establishment of a prior authorization for real estate transaction reflected a certain application of the African socialism of the political authorities of the time who wanted to provide economic protection and social balance among populations.

In its implementation, practice at the level of the administration has shown the burden in the statement of prior authorization requests, causing the lengthening of the time of transfer of ownership. Indeed, this situation has always been criticized by stakeholders in land tenure in that it constituted a constraint in addition to the construction of a land tenure system in the service of the economic and social development of Senegal.

Today, over 30 years after, without calling into question basically concerns the historical context in which this regime has been established, the requirements of a modern economy, characterized by the need to make our country attractive to foreign investment, militate sufficiently for the improvement of the Environment Affairs and competitiveness.

In this perspective, it is more than necessary to delete the authority for real estate transaction, and to establish a system of reporting prior, much more flexible and more compliant to the need for speed of transfer of property operations.

Indeed, with regard to the "Doing Business", the deletion of the approval of transaction will reduce the number of procedures and deadlines on the 'Transfer of property' indicator on which Senegal is classified 173eme on 185 countries in the previous report Doing Business (DB 2013). The present Bill which establishes a prior declaration will allow our country to win at least 45 days on the deadlines for transfer of ownership currently estimated at 122 days.

The prior declaration that overrides the authority of real estate transaction is to scope all transactions concerning real property or an immovable real right, and aimed at the following:-transfer to expensive or free of charge;
-Exchange with or without any cash payment;
-Contribution in society.
Such is the economy of the present Bill.

The National Assembly adopted in its session of Friday, June 28, 2013;
The President of the Republic enacts the law whose content follows: Article 1. -Is repealed law No. 77-85 August 10, 1977, submitting to prior authorization some real estate transactions.

S. 2 - there is established a regime of declaration prior to transactions involving immovable property or an interest in land.

S. 3.-the following operations are subject to a prior declaration: 1) transfer to expensive or free of charge;
(2) Exchange with or without any cash payment;
(3) sharing;
(4) contribution in society.

S. 4. - the declaration is deposited with branch registration, domains and the stamp, before the filing of the Act which establishes the transaction.

S. 5. - the request of registration of the transfer in the land register is accompanied, necessarily, a copy of the declaration, indicating the number and the date of discharge.

S. (6 - the prior declaration is drawn up in two copies and contains: 1) the surname, name, date and place of birth, home, profession and nationality of the parties concerned, with regard to natural persons, and for legal persons, the name, the number of the register of commerce, NINEA, headquarters and the nature of the activity 2) the nature of the operation;
(3) the complete designation of the building or real estate, rights object of the operation;
(4) the financial conditions.
This Act will be enforced as law of the State.

Made in Dakar, July 8, 2013, by the President of the Republic, Macky SALL.

The Prime Minister, Umrans