The role of real estate settlement laws in restoring the status of chaotic buildings, the case of the city of Constantine

Abstract

Most of the countries that suffer from the problem of illegal construction have tried to overcome this by the rehabilitation of the urban area. Among the measures taken to this end was the prohibition of this type of construction and the destruction of buildings erected illegally. Algeria has tried to solve this housing phenomenon that goes back to the colonial period and has experienced a vertiginous expansion after independence through a series of legal measures mainly on land regularization including Law 15.08 and Ordinance 01.85. However, the phenomenon has not stopped spreading inside and outside the urban area. These non-conforming constructions are often carried out on properties acquired under private deeds, with the presence of two witnesses, and without any legal, official or notarial form. This led to a problem of compensation for the owners after the destruction procedure applied in Constantine and which affected the districts of Rahamani Achour, Djnane Tchina, and Bardot where 70% of the owners did not receive compensation thus generating a heavy legal burden on the real estate business chamber.