Selling an apartment in Marrakech from Paris, buying a villa without being able to attend the signing, or entrusting the management of an estate to a relative remains entirely possible.
However, since 1 June 2026, a property power of attorney can no longer be treated as a simple document to sign, legalise and then send to the notary.
Official powers of attorney relating to rights in rem over property must now be entered in a register kept by the courts of first instance and linked to a national electronic register.
The reform addresses a longstanding problem: sales carried out on the basis of forged, expired or revoked powers of attorney, or powers of attorney used beyond the authority actually granted by the owner.
It directly concerns Moroccans residing abroad, foreign owners, families holding property in undivided ownership and, more broadly, anyone wishing to buy or sell a property without being physically present in Morocco.
A national register operational from June 2026
The principle of the register does not date from this year.
Law no. 31.18, adopted in 2019, had already provided for the creation of a register dedicated to official powers of attorney relating to rights in rem. Its implementation was nevertheless delayed pending the necessary regulations and technical tools.
Decree no. 2.23.101 of 22 October 2024 specified how the register would be organised. A ministerial order published in October 2025 subsequently established the various forms and certificates required.
The Ministry of Justice finally set the effective implementation date of the system as 1 June 2026. Since then, the Kingdom’s courts of first instance have been receiving registration applications.
The reform therefore adds a compulsory step between drafting the power of attorney and using it in a property transaction.
Which powers of attorney are covered?
The register does not cover every power of attorney used in everyday life.
It applies to official mandates granted to carry out an act relating to a right in rem over property.
This may include a power of attorney authorising the representative to:
- sell or buy a property;
- gift or divide a property;
- create or discharge a mortgage;
- create, amend or extinguish a usufruct;
- take part in a division or succession transaction;
- sign certain documents modifying a right relating to a property;
- grant or remove an easement;
- complete formalities directly linked to the transfer of a right in rem.
The power of attorney must describe the authority granted to the representative with sufficient clarity.
A mandate drafted in overly general terms may create difficulties where the proposed act requires specific authorisation. Granting the power to “manage property affairs” does not necessarily expressly grant the power to sell a particular property, set its price and receive payment.
Registration is not a mere administrative formality
The register must make it possible to establish the date of the power of attorney, the identity of the owner and the representative, the nature of the authority granted and any amendments made to the mandate.
Under the new system, a power of attorney relating to rights in rem takes effect only from the date of its registration.
In other words, the mere existence of a signed document is no longer sufficient to use a power of attorney in a transaction subject to these rules. The document must also have completed the publicity formality required by law.
This requirement lies at the heart of the reform.
It means that the notary, adoul, authorised lawyer, land registrar or judge no longer has to rely solely on the paper copy presented by the representative.
The professional can verify that a mandate has been duly registered and that its contents correspond to the proposed transaction.
Who carries out the registration?
The process does not simply involve the owner personally submitting a sheet of paper to the court.
The property power of attorney must be prepared with the involvement of a legally authorised professional. Depending on the nature of the act and the procedure chosen, this may be a notary, an adoul or a lawyer admitted to practise before the Court of Cassation.
The professional handling the power of attorney submits the registration application to the registry of the competent court of first instance.
The registry checks the formal regularity of the file, the identity of the persons concerned, the drafter’s status and the information contained in the power of attorney. Once registered, an official certificate is issued.
The local register is maintained electronically and feeds into the national register placed under the authority of the Ministry of Justice.
Why was this reform necessary?
A power of attorney gives one person the authority to act on behalf of another.
In a property transaction, that authority can be considerable. The representative may be authorised to sign a promise to sell, conclude a final sale, accept a price and complete the formalities required to transfer ownership.
This arrangement is essential for people living abroad, those unable to travel or those wishing to be represented in a succession.
However, it can also be misused.
Property disputes have sometimes involved forged signatures, old powers of attorney used several years after they were drafted, mandates that had been revoked but were still presented as valid, or documents whose contents had been altered.
The register will not make all fraud impossible. Nevertheless, it removes a significant vulnerability: the previous absence of a national database capable of systematically tracing the history of a power of attorney.
Buying a property through a power of attorney: essential checks
When a seller is absent and is represented by someone else, the buyer must not be satisfied with a photocopy of the power of attorney.
Several points must be checked before signing.
The owner’s exact identity
The name shown on the power of attorney must correspond to the name recorded on the land title and on the seller’s identity documents.
Any spelling discrepancy, change in civil status or use of several passports must be explained and documented.
The representative’s identity
The person present at the signing must be exactly the person designated in the power of attorney.
Their identity must be checked against a valid official document.
The property concerned
A sound property power of attorney must identify the property precisely.
The land title number, address and principal property references must be checked. An old power of attorney may refer to a title amended following a division, merger or the creation of co-ownership.
The scope of the authority
The representative must have the authority required to carry out the proposed act.
In particular, it must be checked whether they may:
- sign a promise to sell;
- accept the proposed price;
- sign the final deed;
- receive a deposit;
- issue a receipt;
- hand over the keys;
- complete formalities with the Land Registry.
The authority to represent the owner does not automatically mean that the representative may personally receive the funds.
In a properly secured transaction, payment must follow the procedure arranged by the notary and must not be handed to the representative solely on the basis of their power of attorney.
Registration in the register
For a power of attorney covered by the new system, the professional handling the transaction must check its registration and the information recorded in the register.
A photograph of a document sent by messaging service does not constitute sufficient legal verification.
Particularly important protection for foreign buyers
An international buyer may be more exposed to risks relating to powers of attorney.
They are not always familiar with how the Land Registry operates, the different forms of deeds in Morocco or the precise powers of each party involved.
Distance may also encourage the process to be accelerated. A buyer receives a power of attorney by email, arranges a video call with the seller’s representative and assumes that the file is sufficiently secure.
That is not the case.
The buyer must have the land title and power of attorney checked by their own notary or by the professional handling the sale. They must not rely solely on documents supplied by the seller, their representative or the commercial intermediary.
The register improves security, but it does not replace verification of ownership rights or a full review of the file.
Preparing a power of attorney from abroad
For an owner living outside Morocco, the first step should be to contact the notary who will handle the transaction.
The professional will be able to specify the necessary form of power of attorney, its content and where it must be signed.
Depending on the country of residence and how the document is prepared, legalisation or apostille formalities may be required before it can be used in Morocco.
A power of attorney drafted in a foreign language may also require a translation prepared under conditions recognised by the Moroccan authorities.
Powers of attorney prepared abroad must then follow the applicable registration procedure. If the document does not expressly designate a court, filing may depend in particular on the location of the property or may be made before the competent court in Rabat, in accordance with the conditions laid down by the system.
The owner should therefore not download a generic template from the internet and sign it without first obtaining precise instructions.
A power of attorney that is fully valid in the country where it was issued may prove insufficient for the property transaction envisaged in Morocco.
A power of attorney should be limited to what is strictly necessary
Entrusting a trusted person with extremely broad authority may seem more convenient. It avoids drafting a new document at every stage.
It is also riskier.
For a sale, the power of attorney may be limited:
- to a clearly identified property;
- to a specific transaction;
- to a defined period;
- to a minimum price;
- to signing before a specified professional;
- to payment being made compulsorily into the notary’s account;
- to expressly listed formalities.
It is also possible to exclude certain powers, such as personally receiving the price or delegating the mandate to another person.
The more precise the power of attorney, the easier it is to control.
What happens when a power of attorney is revoked?
An owner may decide to withdraw the authority they granted.
Since the register was introduced, revocation must not remain merely an oral decision communicated to the representative.
The amendment or removal of the mandate must follow the applicable publicity procedure so that professionals and third parties can become aware of it.
A revocation that does not appear in the register may create a particularly dangerous situation where the representative retains the original document and attempts to use it again.
The owner must therefore inform the professional who prepared the power of attorney and immediately arrange for the necessary formalities to be completed.
It is also advisable to notify the notary handling the transaction, the estate agency and anyone likely to be in contact with the representative.
What about powers of attorney prepared before June 2026?
The position of older powers of attorney must be considered carefully.
The business press has indicated that the system did not necessarily require the automatic retrospective registration of all mandates prepared before 1 June 2026. However, these powers of attorney do not automatically appear in the new register.
In practice, using them for a transaction carried out after the reform came into force may require additional verification or the preparation of a new mandate.
It would be imprudent to assume that an old power of attorney can be used without any adaptation.
Before signing a promise to sell or setting a sale date, the owner must send the document to the notary so that they can confirm its validity, form and any formalities still required.
Preparing a recent power of attorney specifically adapted to the transaction will often be safer than trying to use a general mandate dating back several years.
What the reform does not guarantee
Registration in the register makes it possible to verify the existence and status of a power of attorney.
It does not prove that the property is free of any mortgage, that it is not subject to seizure, that the seller is up to date with their tax obligations or that the construction complies with the authorisations issued.
Nor does it guarantee that the asking price reflects the market or that the representative is acting in the owner’s financial interests.
A transaction carried out through a power of attorney must therefore undergo the same checks as a conventional sale:
- recent certificate of ownership;
- verification of entries recorded on the land title;
- checking the identity and legal capacity of the parties;
- review of administrative authorisations;
- the tax position of the seller and the property;
- payment secured through the notary;
- final registration of the buyer with the Land Registry.
The register adds a layer of protection. It does not replace the others.
An additional formality, but a safer transaction
The reform may slightly lengthen the preparation of a sale, particularly during the first months of implementation.
For an owner living abroad, it will be necessary to allow time for drafting the mandate, signing it, completing any international formalities, sending it to Morocco and then registering it.
This additional time is preferable to a rapid transaction based on a document that cannot be properly verified.
For buyers, the register reduces the risk of signing opposite someone whose authority is false, expired or already revoked.
For owners, it provides greater control over how the mandate they have granted is used.
Buying or selling property remotely is therefore not becoming more difficult. It is becoming more closely regulated.
In Marrakech, where a significant proportion of owners and buyers live abroad, this development was necessary. A power of attorney should no longer be regarded as an informal convenience. It is a genuine legal act, capable of transferring assets that may be considerable.
Since 1 June 2026, its traceability has formed an integral part of transaction security.
Cameron International assists owners and buyers with their property projects in Marrakech, in coordination with notaries and professionals authorised to secure deeds and powers of attorney.
This article provides general information available at the date of publication. The validity and formalities of a power of attorney must be verified by the notary or legal professional handling the transaction.
