Contrary to some confusion about the circulating news, Libya’s Real Estate Registry has only been partially reactivated after a ten-year closure following Libya’s 2011 revolution. The partial reactivation was made by this government’s decision No. 578 of 2022.
Misinterpretation of the partial reactivation
The partial reactivation was confirmed Tuesday during Tripoli-based Libyan Prime Minister Abd Alhamid Aldabaiba’s visit to the Real Estate Registration Authority’s Tripoli headquarters. But it was stirred by the Real Estate Registration Authority’s publication of news on Tuesday that it had issued its first ownership certificate in 12 years.
But the Authority had clearly stated that ‘‘It is important to stress that the implementation of this decision (578/2022) does not include the transfer of real estate ownership, and no new registrations are made according to it’’.
It said the partial reactivation would only allow for certificates and real estate maps to be extracted and some procedures for registered real estate completed prior to the issuance of Resolution 102 issued by the National Transitional Council in 2011 ordering its closure.
No justification of its continued closure
Aldabaiba confirmed during his visit that the continuation of the closure of the Real Estate Registration Authority for ten years, the looting of its property, the leaking of its expertise and services to citizens is without real justifications today – unlike the time the closure decision was taken.
“My visit today is an affirmation of my support for you in your proposals for partial activation of the Authority according to the legal opinion in accordance with the importance of the tasks entrusted to the Real Estate Registration Authority’’, Aldabaiba was quoted as saying by his government’s Media Department.
e-archiving and automation
Aldabaiba stressed that electronic archiving and automation of the Authority’s work is a basic responsibility of the Authority to guarantee the rights of citizens and facilitate and automate services.
Long and short-term training
He also stressed the need to start long and short training programmes for the Authority’s employees; To reactivate them and benefit from the experiences in these programmes and develop its branches with equipment and capabilities to be able to carry out their tasks.
Partial reactivation a sign of Libya’s stability
Aldabaiba said the resumption of the Authority’s work is a clear sign of the stability of our country and the start of the development process in it, and it will contribute to moving the economy forward and ensuring financing for projects according to his government’s ‘‘Return of Life’’ plan.
Analysis
Real Estate Registration Authority’s full reactivation vital for real economic development
It is worth noting that the full reactivation of Libya’s Real Estate Registration Authority is vital for the country’s real economic development.
Banks need guarantees for their loans
Banks will only lend their customers’ deposits if they have some sort of guarantee that they will get their loans repaid. The best form of guarantee is real estate. The closure of the Real Estate Registration Authority means that ‘‘officially’’, property cannot be bought and sold in Libya – since the 2011 revolution.
The continued unofficial selling and buying
Unofficially, Libyans have been buying and selling real estate through a personal contract witnessed by a notary public. They are all awaiting the full reactivation of the Real Estate Registration Authority so that they can officially register their properties with it.
However, this is not acceptable for banks. Banks need to put an official charge on a property they have given a loan at the Real Estate Registration Authority.
Need to leverage banking system for development
Without the full reactivation of the Real Estate Registration Authority the Libyan economy cannot leverage the country’s banking system in its development. It cannot gain access to the billions of cash sitting in Libya’s banks unable to be loaned out because of the closure of the Real Estate Registration Authority.
Real Estate Registration Authority was closed because of the weak state
The Real Estate Registration Authority was closed by the National Transitional Council in 2011 as a temporary step during the revolution to protect against the coercive registration of ownership.
Many individuals and militias attempted to takeover property belonging to the Qaddafi regime and his cronies, as well as the state, using coercion. It was decided to close the Real Estate Registration Authority until the state stood on its feet and became stronger.
Aldabaiba’s political signal
Hence, the continued closure of the Real Estate Registration Authority is a sign of the weakness of the Libyan state and conversely, its full reactivation is a sign of the strength of the state. Aldabaiba’s strategic partial reactivation of the Real Estate Registration Authority is an attempt to signal that the Libyan state is becoming safer, more stable and stronger.
The state has become more stable and state institutions have become stronger. The question is, how strong is the Libyan state in 2023? Is it strong enough to fully reactivate the Real Estate Registration Authority?
Elections in 2023?
UNSMIL is trying to get the fractious Libyan political entities to agree to elections in 2023. It was thought that the Real Estate Registration Authority would only be fully reactivated after the election of a fully mandated government.
