Restrictions on Private Real Estate Ownership Under Algerian Legislation

Abstract

This study aims to demonstrate that private real estate ownership is a sacred right, for which the legislator has guaranteed protection through the Constitution and various branches of law, tailored to the type and degree of infringement. Consequently, this protection may be administrative, civil, or penal, deriving its legal basis from the provisions of Ordinance 75/58, which contains the amended and supplemented Civil Code. This Code defines the right of ownership and clarifies the methods of its acquisition and transfer. Given that the right of ownership is not an absolute right but is rather subject to a set of restrictions distributed between private and public constraints, among the most prominent restrictions are those related to the owner's use, exploitation, and disposal of the real estate, whether for reasons related to public utility or for the protection of all individuals.

In general, the most important restrictions include expropriation for public utility and restrictions associated with neighborhood rights, such as preventing the abuse of rights and neighborhood disturbances. Accordingly, we would like to state that these restrictions were introduced to protect the rights of others and achieve the public interest, meaning the realization of a balance between individual interest and public interest.

It is worth noting that these restrictions do not constitute a diminution of or an infringement upon the right of private real estate ownership. Rather, their objective is a legal adjustment and regulation to protect public order, achieve sustainable development, and embody the real estate promotion system—that is, achieving urban, economic, and social development while preserving individual rights and ensuring the non-abuse of private real estate ownership.