Buying a property or a plot of land in Tunisia

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Topic: Property

Land titles, registered and unregistered land, the promise of sale, drafting and recording the deed, and the warning signs to look for before you buy.

Buying a home or a plot of land is often the biggest purchase of a lifetime. Most property disputes could have been avoided with a few checks before signing. Here are the key steps. Registered or unregistered land? The first question to ask: does the property have a land title (titre foncier)? Registered property: it has a land title kept by the Land Registry (Conservation de la propriété foncière), showing the owner or owners, the area, and the rights recorded against it, such as mortgages, easements and seizures. What is on the title is what counts, which gives the buyer strong protection. Unregistered property: ownership is proven by a chain of deeds and documents. The risks are higher: boundary disputes, heirs who were never asked, the same plot sold to more than one buyer. In some cases the land can be registered through a procedure before the Land Court. Check before you commit For registered property, ask the Land Registry for a recent certificate on the legal status of the title. In particular, check: that the seller really is the registered owner, and that all co-owners agree to the sale; that there is no mortgage, seizure or restriction blocking or burdening the sale; that the land on the ground matches the title and its plan; the planning status: what the zoning plan allows on the land, and building permits for existing buildings; that taxes and charges on the property have been paid. From promise of sale to final deed A sale often starts with a promise of sale, in which both sides commit to complete the sale later on agreed terms, usually with a down payment. This promise should be written and precise: price, payment terms, conditions such as getting a loan, and what happens to the down payment if the sale falls through. For registered property, the Real Rights Code allows only the Land Registry's drafting officers, notaries (adl ichhad) and practising lawyers who are no longer trainees to draft deeds that are to be recorded on the title; a deed drafted by anyone else is void. The drafter must have checked the land title and must tell the parties about its legal situation. The deed is then registered at the tax office (recette des finances) and recorded on the land title. Until it is recorded, ownership does not pass to the buyer: under the Code, an unrecorded deed only creates personal obligations between the parties. Special authorisations Some purchases need extra steps: Foreign buyers: purchases by foreign nationals follow specific rules, which can include a prior administrative authorisation, with exceptions set by specific laws or agreements. Check which procedure applies before you commit. Agricultural land: it follows its own rules, in particular on ownership by foreigners and on changing the land's use. Property of minors or estates: the sale may need court approval or the agreement of all the heirs. For registered property, heirs cannot dispose of it until the transfer by inheritance has been recorded on the land title. Warning signs A seller in a hurry who refuses checks or wants the full price in cash before the deed. A vague or old power of attorney used by someone other than the owner. A price far below the market with no clear reason. A property occupied by someone else or involved in a lawsuit. A handwritten private agreement that cannot be recorded on the title. Always pay in a traceable way, by bank transfer or cheque, and keep every document. Why work with a lawyer? A lawyer reviews the land title and documents before you commit, drafts the promise and the deed with terms that protect you, and follows up the registration and recording. For unregistered land or a complicated situation, get advice before paying anything at all. The site's directory lists lawyers registered with the ONAT, by city. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Last updated: 19 October 2026