Algerians in France can sell property with a special power of attorney

Algerians living in France can sell a flat, house or plot in Algeria using a special power of attorney, without travelling to Algeria.

Maghreb Emergent reported that Algerian law recognises two kinds of power of attorney. The owner (mandant) names a trusted person, the agent (mandataire), to represent them in Algeria.

Two kinds of power of attorney

A general power covers routine tasks, such as looking after a home, paying charges or renting it out.

To sell a flat, house or plot, the owner needs a special power that names that sale. The document must also meet the paperwork for the deal itself, especially when a notary is needed.

The agent can sign documents, do administrative steps and appear before a notary. The agent does not become the owner of the property.

Readers in France who want to sell must use a special power, because a general power does not allow a sale.

Going to the consulate

The power can be drawn up at the Algerian consulate that covers the owner's place of residence.

The owner must appear in person with a valid Algerian biometric passport or a valid national identity card.

Expired documents, birth certificates, driving licences and consular cards are not accepted as proof of identity.

The official form must be prepared before the appointment. It is signed in front of the consular official.

The form must have no erasures or overwriting. It must fit on one page and be written in one language, Arabic or French.

A separate power is needed for each item, whether a home, a vehicle or a bank account.

In Créteil, stamp duty is 5 euros and must be paid in cash.

In Metz, people aged 80 and over must also present a medical certificate confirming their faculties.

What the power must state

A property power must name both parties and the property concerned, with its address, type of home and cadastral or land references.

For a plot of land, the surface area must also be given.

The text must list the agent's powers, including the right to sell, sign before a notary and do the necessary paperwork.

For an inheritance, the Algerian notary may ask for an acte de frédha and for powers from heirs living abroad.

It is therefore better to ask the Algerian notary for a suitable model before applying to the consulate.

Another option is a power drawn up before a French notary. Franco-Algerian public documents are in principle exempt from legalisation (official certification) under the 1962 judicial protocol.

The Algerian notary handling the deal must still confirm that the document is accepted.