Are you a foreigner and wondering about the procedure for selling real estate in Tunisia?

It is best to seek the advice of a lawyer before taking any action.

Foreign real estate sellers in Tunisia:

A sale generally requires the Governor's authorization under the same conditions as a purchase. The prior authorization of the Tunisian government is essential for any transfer of ownership.

However, goods purchased or manufactured before 1956 and sold for the benefit of Tunisians are not authorized by the Governor. The sole obligation of the seller is to issue a summons in good faith by bailiff to the tenant or occupant to exercise his right of pre-emption. The lessee has 1 month of personal ownership and 2 months of collective priority. For property acquired or built after 1956, the sale is subject to the prior authorization of the Governor, unless the conditions of the sale comply with the Franco-Tunisian convention of December 4, 2003. The agreement provides that the authorization of the Governor is exempted if the sale is made in the interest of Tunisians and the seller can demonstrate that the property sold is the result of a monetary investment.

To obtain the Governor's authorization, a complete application for authorization to sell must be submitted to the province having jurisdiction.

After obtaining administrative authorization and signing the final sales contract, you can transfer the proceeds of the sale to France.

Transfer of financial assets held in Tunisia

With the agreement of the Central Bank of Tunisia, non-resident foreigners (since 1987) or residents (if leaving Tunisia permanently) can transfer assets from Tunisia to France.

For non-French residents:

Financial assets held in Tunisia by non-residents with only French nationality must be placed in suspense accounts and cannot be used at will. They can be withdrawn during their trip to Tunisia, but within very narrow limits (about 100 dinars per week, or about 30 euros or more, authorized by the central bank).

Suspense accounts can be opened in any Tunisian bank branch.

Transfer abroad of financial assets:

To transfer funds, you must obtain:

– Tax clearance: The competent tax control center requires the presentation of a certain number of documents (valid for 3 months) before the tax clearance. Any applicant for authorization to transfer financial assets to France must obtain the inconvenience required by the Central Bank.

– Authorization to transfer financial assets to France: this authorization is issued by the Central Bank. Many supporting documents are required. In the event of sale, the Central Bank only authorizes the transfer upon presentation of a title deed in the name of the new purchaser.

In the case of the purchase and resale of real estate, the transfer of the proceeds of the sale is only possible if the import of foreign currency is financed by a reasonable source. We advise French nationals to keep their documents proving the transfer.

It is strongly recommended that non-resident French nationals take steps with the local authorities (tax administration, land protection, trustees, banks, etc.) represented on site in Tunisia.

Compensation in the event of expropriation or nationalization of public services

Expropriation for reasons of public utility and nationalization creates a right to compensation.

The amount of compensation rarely corresponds to the real value of the property (compensation for expropriation is determined by experts). First, it must be settled out of court, and second, it must be settled through litigation.

Non-resident rental property

Renting a property abroad carries risks of embezzlement, real non-rental or mismanagement.