An acquisition of real property is in principle subject to prior consent of the governor of the region where the property is located. However, the acquisition or lease of real property (lands and buildings) in industrial or tourist zones, for the pursuit of economic projects, is exempted from the authorisation requirement. The waiver also covers improved lots acquired for industrial or agricultural use in the context of urban development plans.
On April 8, 2022, Presidential Decree No. 2022-317 was implemented, eliminating governmental authorisation requirements for 27 business activities across various sectors, including the transfer of lots belonging to the Agence Foncière d'Habitation.
"Art. 6 –  The administrative authorisations for the implementation of projects, numbers 2, 13, 41, 42, 52, 70, 88, 106, 113 and 116 of Annex 3 of Government Decree No. 2018-417 of 11 May 2018, referred to above, and which concern: [...]
- The transfer of lots belonging to the Housing Land Agency for the purpose of carrying out projects, before their construction and before the expiry of legal deadlines, [...]" (Presidential Decree No. 2022-317 of April 8, 2022, modifying and supplementing Government Decree No. 2018-417 of May 11, 2018, Article 6 [google translation])
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"Article 1 - To be valid and until otherwise ordered, transfers inter vivos, of property and enjoyment, as well as all dismemberments of property, relating to buildings or real estate rights located in Tunisia, concerning agricultural land as well as unbuilt land and not allotted, and listed below, must be authorized by the Governor of the constituency where the building is located:
1. Transfer for consideration or free of charge inter vivos of full ownership or usufruct;
2. Constitution of enzel;
3. Establishment of easement;
4. Company contribution;
5. Any sharing or any act or transaction having the effect of transmitting or attributing, in any way whatsoever, to a partner or to a third party, full ownership or usufruct of buildings dependent on the assets of 'a society;
6. Real estate pledge, mortgage or antichresis consitutuion.
The above provisions also apply to leases with a firm term of more than nine years.
[...]
Article 7 - The operations referred to in Article 1, carried out by the State, the Municipalities and the Governorates, are expressly exempt from prior authorization.
Also exempt from prior authorization are the acquisition or lease by foreigners of land and premises built in industrial zones and land in tourist areas, for the realization of economic projects.
An industrial zone or tourist zone is considered to be any zone to which the industrial or tourist character has been given in accordance with the legislation in force relating to the development of industrial zones and the development of tourist zones and to the legislation in force relating to the protection of agricultural land as well as developed subdivisions which have acquired an industrial or tourist character within the framework of urban development plans.
The transfer of ownership of land and buildings in industrial zones as well as land located in tourist areas developed in accordance with the legislation in force within the meaning of the previous paragraph and resulting from merger operations or merger or split or transformation of the legal form or transfer to third parties of companies or subsidiaries of companies whose capital is predominantly foreign, on condition of maintaining their economic activity.[...]" (Decree of the Minister of Agriculture of June 4, 1957, relating to real estate operations; as amended by Law n° 2005-40 of 11 May 2005, Articles 1 and 7 [google translation])
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""Article 2: Within the meaning of this government decree, the following terms mean:
Authorizations: the prior approval granted by the administrative authority to the applicant fulfilling the legal conditions required for the exercise of the economic activity or for the realization of a project. The concessions granted by the competent authorities, the licenses subject to a call for tenders or the authorizations granted by the assembly of the representatives of the people within the meaning of the article 13 of the constitution.
[...]
Article 3: The exercise of economic activities related to the following sectors and provided for in Annex 1 of this Governmental Decree requires the prior approval of the competent administrative authority:
- natural resources and useful substances,
- land, sea and air transport,
- banks, finance, insurance and the financial market,
- dangerous or polluting industries,
- health,
- teaching,
- telecommunications,
- some commercial activities and some service activities.
Annex 1 of this Governmental Decree exclusively sets the detailed list of economic activities in the aforementioned sectors requiring an authorization as well as the deadlines, procedures and conditions for granting them.
[...]
Article 4.: Annex 2 of this Governmental Decree establishes the list of economic activities for which the authorizations to exercise have been abolished. These activities will remain subject to the authorizations in force on the date of publication of this government decree for a maximum period of six (06) months from the date of its entry into force.
The ministries and the competent administrative authorities may, within a period not exceeding six (06) months referred to above, subject the economic activities provided for in Annex 2 of this governmental decree to specifications which will be published by a joint order of the authority concerned and the minister in charge of investment.
Article 5: Annex 3 of this Governmental Decree establishes the list of administrative authorizations for the realization of a project, the deadlines, the procedures and the conditions for their granting provided for by the legislative and regulatory texts in force on the date of publication. of this government decree.
[...]
Annex 2: List of authorizations to be deleted [...]
3. List of authorizations linked to the Ministry of Equipment, Housing and Territorial Development
9. Authorization to exercise the profession of property developer
Terms :
1. Company with Tunisian capital. Resident or non-resident foreigners are free to contribute a minority share in the capital of a Tunisian company for real estate development
Procedures adopted: [...]
For resident and non-resident foreigners who want to participate in the capital of real estate development companies with 50% or more of the capital, the agreement of the higher investment council is requested.
[...]
Annex 3: List of administrative authorizations
1. List of administrative authorizations linked to the Ministry of the Interior [...]
4- Authorization from the Governor for real estate transactions with a foreigner (Pre-authorization)
Land and premises built outside industrial zones and apart from land in tourist zones, for the realization of economic projects.[...]" (Government Decree No. the exclusive list of economic activities subject to authorization and the list of administrative authorizations required for the realization of projects, the related provisions and their simplification [google translation])
Decree of the Minister of Agriculture of June 4, 1957, relating to real estate operations; as amended by Law n° 2005-40 of 11 May 2005
Government Decree No. the exclusive list of economic activities subject to authorization and the list of administrative authorizations required for the realization of projects, the related provisions and their simplification
Presidential Decree No. 2022-317 of April 8, 2022, modifying and supplementing Government Decree No. 2018-417 of May 11, 2018
[<a href="https://www.pist.tn/record/107744?ln=fr">Decree</a>],[<a href="https://www.pist.tn/record/110770?ln=fr">Law</a>],[<a href="https://legislation-securite.tn/latest-laws/decret-presidentiel-n-2022-317-du-8-avril-2022-modifiant-et-completant-le-decret-gouvernemental-n-2018-417-du-11-mai-2018-relatif-a-la-publication-de-la-liste-exclusive-des-activites-eco/">Decree</a>],[<a href="https://www.businessnews.com.tn/details-de-la-suppression-des-autorisations-pour-plusieurs-activites-economiques,520,118457,3">Other</a>],[<a href="https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4355/tunisia-eliminated-authorization-requirements-for-27-business-activities-in-various-sectors">Other</a>]