The Legal Framework of the National Agency for Industrial Real
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Abstract
Industrial real estate constitutes a cornerstone and essential pillar in stimulating national economies, serving as a key factor in attracting investment and improving the investment climate, particularly in the industrial sector. In its efforts to advance the national economy, Algeria has prioritized industrial and manufacturing investments to diversify income sources and reduce reliance on hydrocarbons. This necessitated the provision of real estate facilities that meet all conditions required to attract investors and support industrial investment. To achieve this, a legislative and structural framework was established to govern industrial real estate for investment, assigning specific supervisory and regulatory powers to several institutional bodies.
However, these bodies have often demonstrated neglect and poor management of industrial real estate, coupled with overlaps and imbalances in authority among the various structures responsible for oversight, which hindered the achievement of intended objectives. This prompted the state to implement substantial reforms in the investment sector and in the legislative framework regulating industrial real estate. These reforms included enacting laws on investment and economic real estate, defining the agencies responsible for granting, organizing, and preparing industrial real estate, and ensuring its proper use. Among these agencies, the National Agency for Industrial Real Estate stands out as a key instrument for facilitating the development and management of industrial properties.
This research paper focuses on the legal framework of the National Agency for Industrial Real Estate, using a descriptive-analytical methodology to assess its effectiveness and its role in enhancing the management and development of industrial real estate for investment purposes.
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References
Law No. 23-17 dated 15/11/2023, determining the conditions and procedures for granting economic real estate belonging to state property for investment projects, OJAR, No. 73, issued on 16/11/2023 (original in Arabic).
Executive Decree No. 23-488 dated 28/11/2023, establishing the National Agency for Industrial Real Estate, its organization and functioning, OJAR, No. 85, issued on 30/12/2023 (original in Arabic).
Law No. 23-17 dated 15/11/2023, previously cited (original in Arabic).
Executive Decree No. 23-488 dated 28/11/2023, previously cited (original in Arabic).
Law No. 23-17 dated 15/11/2023, previously cited (original in Arabic).
Executive Decree No. 23-488 dated 28/12/2023, previously cited (original in Arabic).
The National Agency for Mediation and Real Estate Regulation was established under Executive Decree No. 07-119 dated 23/04/2007, which set its founding law, OJAR, No. 27, issued on 25/04/2007, amended and supplemented by Executive Decree No. 12-126 dated 19/03/2012, OJAR, No. 17, issued on 25/03/2012 (abolished) (original in Arabic).
Executive Decree No. 10/20 dated 12/01/2010, organizing the Assistance Committee for Site Determination, Investment Promotion, and Real Estate Regulation, its composition and functioning, OJAR, No. 04, issued on 17/01/2010 (original in Arabic).
See Article 2 of Executive Decree No. 23-488, dated 28/12/2023, previously cited (original in Arabic).
See Articles 6–9 of the same decree (original in Arabic).
Note that Article 4 of Executive Decree No. 23/488, previously cited, stipulates that the agency is subject to administrative law when dealing with the state, and to private law when dealing with third parties (original in Arabic).
See Article 3 of Executive Decree No. 23-488, previously cited (original in Arabic).
Articles 2, paragraph 2; 6; and 22 of Executive Decree No. 23-488, previously cited (original in Arabic).
Articles 12, paragraph 14, and Articles 22 to 30 of Executive Decree No. 23-488, previously cited (original in Arabic).
Executive Decree No. 07-119 dated 23/04/2007, previously cited (original in Arabic).
Articles 2, 14, 16, 20, and 23 of Executive Decree No. 23-488, previously cited (original in Arabic).
Article 23 of Executive Decree No. 23-488, previously cited (original in Arabic).
See Article 6 of Executive Decree No. 23-488, previously cited (original in Arabic).
See Executive Decree No. 15/19, specifying the procedures for preparing and delivering urban development contracts, OJAR, No. 07, issued on 12/02/2015 (original in Arabic).
Article 749 of Ordinance 75-58 dated 26/09/1975, containing the Civil Code, OJAR, No. 78, issued on 30/09/1975, as amended: “Each co-owner has the right to enjoy the private portions corresponding to their share and may freely use the common parts provided that it does not infringe the rights of other co-owners or damage the property. Common parts refer to the facilities or areas in a building jointly owned and used by all owners or tenants in the same building, and they are subject to collective management under the regulations governing shared ownership of real estate” (original in Arabic, translated for clarity).
Executive Decree No. 15/19 dated 15/01/2015, specifying procedures for preparing and delivering urban development contracts, previously cited (original in Arabic).
Nouiri, Samia, “Guarantees of the Independence of the Financial Inquiry Unit vis-à-vis the Executive Authority,” Professor Researcher Journal of Legal and Political Studies, Vol. 5, No. 1, Algiers, 2020, p. 204 (original in Arabic).
Article 14 of Executive Decree No. 07/119, previously cited (original in Arabic).
Note that under the National Agency for Industrial Real Estate, the number of regular sessions remained the same, but deadlines for holding meetings were reduced from 15 to 10 days to enhance dynamism, efficiency, and speed of administration (original in Arabic).
Article 21 of Executive Decree No. 23-488, previously cited (original in Arabic).
Articles 22 and 23 of Executive Decree No. 23-488, previously cited (original in Arabic).
Articles 22 and 23 of Executive Decree No. 23-488, previously cited (original in Arabic).
Ahsan Gharbi, “Relativity of Functional Independence of Independent Administrative Authorities,” Journal of Research and Human Studies, Vol. 9, No. 2, Algiers, 2015, p. 240 (original in Arabic).
Executive Decree No. 11-32 dated 27/02/2011, concerning the appointment of auditors, OJAR, No. 07, issued on 02/02/2011 (original in Arabic).
See Article 28 of Executive Decree No. 23-488, previously cited (original in Arabic).