.الملكیة العقاریة الخاصة وقانون التعمیر في الجزائر

Abstract

Given the important role played by private property in national economic and social life, especially after the development of the concept of private property rights, which is no longer an absolute right, whose the owner acts as he wishes, but it acquired a social function dedicated to the benefit of the community. Where national laws, including Algerian law, stipulate that this right is not used in a manner forbidden by laws and regulations, and that immovable property by used according to its nature or purpose, and so that the private property plays the role assigned to it, it must be listed exhaustively, precisely defined, whose mode of realization is by the preparation of the documents, the cadastral plans, and the delivery of the titles of property so that it will have the authority vis-à-vis third parties . Following the negative situation in which private property exists in Algeria, the Algerian legislator has paid particular attention to the process of purging since the publication of Ordinance 75/74 dated on November the 12 ͭ ͪ 1975, where it adopted mechanisms to purge private real estate, so that owners can realize their investments and various urban activities. The field of urban planning is one of the most important areas in which private property ownership plays its social function, which is evident in the provisions of law 90/29 dated on December 1ˢᵗ 1990 relating to the development and urban planning mended and completed by other relevant legal texts, which introduced tools that frame the various uses of land and link the law of construction to land ownership, and that this right be exercised in strict respect to the legislative and regulatory provisions relative to land and land use. One of the most important objectives of the law of land planning is produce and provide sufficient real estate reserve in the benefit of the urban planning field. However, the urban planning strategy in Algeria is confronted with constraints and obstacles limiting its efficiency and effectiveness, including the lack of public supply of urban land, the difficulty of adapting the private property ownership system to the benefit of urban planning field, the absence of an effective tool, the resistance of the owners to the demands and needs of urban planning by circumventing tools and methods, carrying out urban activities outside of the law, in addition to the weakness of administrative control over these different activities, and the high cost of equipment and layout, and the growing phenomenon of speculation.