Algerians living in France can manage their property back home without having to travel, thanks to a proxy system. This system allows them to sell an apartment, rent a house or settle an estate. However, they must respect certain formalities for their proxy to be valid and allow their representative to act on their behalf with notaries and administrations.
Algerian law distinguishes between two types of mandates: general and special. A general proxy authorizes routine administration acts, such as property maintenance, payment of charges or rental. However, it does not allow for the sale of real estate. To sell an apartment, house or land, the owner must establish a special proxy that clearly mentions this operation.
The proxy document must also meet the formalities required for the act it authorizes, especially when the transaction requires a notary's intervention. The owner, known as the principal, designates a trusted person, the proxy, to represent them in Algeria. The powers may include signing documents, administrative procedures and representation before the notary.
The proxy process can be done at the Algerian consulate in France, competent according to the place of residence. The principal must appear personally with a valid Algerian biometric passport or national identity card. Expired documents, birth certificates, driving licenses and consular cards are not accepted as proof of identity.
A separate proxy is necessary for each object, whether it is a property, a vehicle or a bank account. At the Créteil consulate, stamp duties are set at 5 euros and must be paid in cash. The document must be filled out without erasure or overload, on a single page and in a single language, Arabic or French.
To avoid any blockage, the real estate proxy must precisely identify the two parties and the property concerned. The address, the nature of the property, its cadastral or land references and its area for a plot of land must be clearly indicated. The text must detail the powers granted to the proxy, including their authorization to sell, sign before a notary and carry out the necessary formalities.
Another possibility for Algerians in France is to establish the proxy before a French notary. Franco-Algerian public acts benefit from a dispensation of legalization provided for by the 1962 judicial protocol. However, the acceptance of the document must be verified with the Algerian notary in charge of the transaction.
Key points
- Algerians in France must obtain a special proxy to sell property in Algeria.
- The proxy must be established at the Algerian consulate in France or before a French notary.
- The proxy document must clearly indicate the powers granted to the proxy and the property concerned.
