Expertise
Multi-storey family house, small apartment building, development programme: we survey the building level by level, calculate the areas and draw up the technical file that allows the land registry to create a title per lot.
What the service is for
As long as a building has only one land title, each owner holds only a share of the common title. Law No. 18-00 on the status of co-ownership of built properties (الملكية المشتركة), as amended by Law No. 106-12, provides that the land registrar establishes a separate land title for each lot: a private part and its share of the common parts.
To do this, the co-ownership regulations must be filed and entered with a technical file. Decree No. 2-13-18 (Article 17) requires this file to be drawn up by a surveying engineer registered with the ONIGT, then checked by the cadastre service. This is the part we carry out: measuring what has been built and describing it lot by lot.
The full procedure, the role of the property manager (syndic) and the checks to make before buying are explained in our guide Co-ownership: one land title per apartment.
We draw up neither the co-ownership regulations nor the deeds: that is a matter for the notary, the adoul (notary under Islamic law) or the accredited lawyer. We work with them on the basis of the same areas.
Who it is for
Each brother built or paid for a floor, but the land has remained in the father's name or in that of the heirs in joint ownership. To give each floor a title, ownership must first be settled (inheritance entered, agreement of all) and the building checked against the permit.
The developer, as initial owner, draws up the co-ownership regulations. Titles per lot allow buyers to obtain their own title and to finance their purchase.
Apartments sold “in shares” on a single title, sometimes without regulations. The general meeting decides on drawing up the regulations; the technical file describes the building as it is.
How it works
The same steps as for all our assignments, adapted to a building.
Land title or registration application, certificate of ownership, building permit, occupancy permit, the architect's “ne varietur” plans: we check that the creation of the titles is possible and point out what is blocking it.
Number of levels and lots, deliverables, time for our work, fees; administrative fees are shown separately.
The land on which the building stands, tied to the title plan, then each level: private parts, cellars, garages, common parts, heights. All premises must be accessible.
One plan per level, the numbering of the lots and common parts, the table of areas used to calculate the shares (Article 6 of the law).
The plans and the table are incorporated into the co-ownership regulations, drafted and signed on their side.
The technical file is submitted to the cadastre service for checking and approval; we follow it up until it is validated. The creation of the titles is then a matter for the land registrar.
Deliverables and documents
The precise format of the plans and tables follows the technical requirements of the cadastre service.
Equipment, timescales, cost
The survey is carried out with a total station and, for a complex or old building, with a laser scanner. The precision of an area depends mainly on access to the premises, the regularity of the walls and the number of points measured: a furnished apartment or a room locked on the day of the survey means a measurement to be redone.
The time for our work depends on the number of levels and lots, and on the availability of the occupants. The check by the cadastre service and the creation of the titles by the land registry have their own timescales, which we do not control: we follow the file without promising a date.
We do not publish a flat rate (see our fees): the quote takes into account the built area, the number of lots, the state of the documents and any discrepancies with the permit.
The most common sticking point is not the measurement but compliance: a floor or an enclosed terrace built outside the permit must be settled with the municipality before any co-ownership procedure.
Frequently asked questions
Yes, if it belongs to several persons by lots: Law No. 18-00 applies to any built property divided into floors or apartments. It requires co-ownership regulations, a technical file and a building that complies with the authorisations. The details are in the co-ownership guide.
Law No. 12-90 prohibits the use of a building without an occupancy permit. For the creation of the titles, ask the land registry for the list of planning documents it requires; we point this out to you as soon as we review the file.
Unless the titles provide otherwise or the general meeting decides otherwise, they derive from the area of each private part in proportion to the total (Article 6). We provide the areas; the regulations, drafted by the notary or the adoul, set them out in a table.
The regulations can be filed with the registry (secrétariat-greffe) of the court, but there will be no title per lot as long as the land is not registered. See the land registration guide.
Yes. We compare the actual area with the area advertised or that of the existing co-ownership plan. It is a useful check before signing.
We need access to each lot and to the common parts. We arrange appointments with the property manager or the family; an absent owner may be represented.
Your building
Send us the title number, the permit and what you know about the building: we will tell you what is possible and what is missing, before any commitment.