Understanding the property market in Morocco, without the jargon

The Melkia is a property deed of adoular tradition generally used for unregistered property. It is based on elements of possession and testimonies established according to the applicable forms. A Melkia is not a land title: before any acquisition, it is necessary to verify the origin of ownership, the limits, the beneficiaries, any oppositions and the possibility of registering the property.

The land title is established after the registration procedure and held by the Land Registry. It identifies the building and the rights or charges registered there. The Melkia in principle concerns unregistered property and requires a more in-depth verification of the chain of ownership, limits and possible heirs.

The land title is the official register of a registered building. It mentions in particular the registered owner, the nature of the property and the real rights or charges registered: mortgage, seizure, servitude, usufruct or other registrations. The certificate of ownership allows you to consult the situation on a given date.

The requisition is the request by which a person initiates the procedure for registering an untitled building. The property is not yet definitively registered: the procedure includes identification, demarcation, advertising and management of possible oppositions.

The certificate of ownership is issued by the ANCFCC for a land title. It indicates the legal situation of the property at the time of its delivery: registered owner, real rights and apparent charges. It must be recent during a transaction.

The cadastral plan graphically represents the registered plot, its boundaries and its references. It must be compared to the actual state of the premises. A difference between the plan, existing constructions and physical reality may require alignment or a technical file.

The ANCFCC is the National Agency for Land Land Registry, Cadastre and Cartography. It manages land registration, publication of real rights and charges, cadastral plans and the conservation of land documents.

An opposition is a challenge made by a person who claims a right to all or part of the building being registered. It must be analyzed and lifted or decided before the conclusion of the procedure.

Pre-notation is a provisional registration intended to temporarily preserve a claimed right to a land title, under the conditions provided for by the texts. It indicates a dispute or a claim which must be examined before considering the property to be free of any difficulty.

There is joint ownership when several people jointly hold rights to the same building without a material division of their shares. A sale, sharing, major work or a guarantee may require the agreement of the co-owners depending on the situation.

In real estate usage, VNA or AVNA generally designates the certificate of non-agricultural vocation. It intervenes in certain situations concerning agricultural or rural land and its use. It does not replace the title deed, nor the town planning information note, nor the building authorization. Its necessity and scope must be confirmed for the land and project concerned.

No. A certificate of non-agricultural vocation is not sufficient to prove that a specific project is authorized. It is also necessary to examine town planning documents, zoning, easements, access, networks and obtain the necessary administrative authorizations.

ST1 and ST2 do not have a single national legal definition in real estate. Depending on the project, these mentions can designate a sub-tranche 1 or 2, a stage of work, a version of the plan or an internal technical nomenclature. You must request the source document and its official wording. An ST1 or ST2 mention, taken alone, does not prove the title, nor the servicing, nor the constructability.

The information note provides information on the town planning rules applicable to a plot: zoning, possible use, height, setbacks, density, alignment or easements according to the documents in force. It constitutes a regulatory photograph and does not, in itself, constitute a building permit.

This notation generally indicates the number of levels authorized above the ground floor, subject to all other rules: total height, setbacks, occupancy coefficient, parking, access and special requirements. The exact zoning must be confirmed on the official document applicable to the plot.

A subdivision is a division of a property into several lots intended in particular for construction, subject to prior administrative authorization and technical documents. The buyer must check the authorization, the specifications, the approved plan, the networks, the receptions and the land situation of the lot.

Fragmentation is a land division which does not necessarily result in the creation of building lots like a subdivision. The distinction depends on the destination and the administrative framework. A division carried out without authorization or not registered can block a sale or a project.

The plan marked Ne Varietur corresponds to the plan approved within the framework of an authorization. It serves as a reference to check that the executed project respects the authorized version. Any significant modification must be regularized.

The building permit authorizes the realization of the project described in the approved plans, subject to compliance with the requirements. It does not alone resolve questions of ownership, financing, easements or final compliance.

The residence permit is issued after checking the completion and conformity of a construction intended for habitation. Its absence must be analyzed, especially when the property has been extended or transformed after the initial plans.

For constructions which do not fall under the residential permit, the certificate of conformity certifies that the work carried out corresponds to the authorization and the approved plans. The exact document depends on the destination of the building.

Provisional acceptance notes that the planned work has been carried out subject to verifications or corrections. Final acceptance occurs after the planned period and checks. For a lot, it is necessary to check the condition of roads, sanitation, water, electricity and the applicable reception documents.

An easement is a charge attached to a building for the benefit of another property or the general interest: passage, channeling, setback, view, alignment or particular prohibition. It can reduce the use or constructability of land.

The concordance aims to match the land plan and the inscriptions with the real state of the property, for example after construction, a modification of boundaries or a technical operation. It generally requires the intervention of a surveyor-topographic engineer and a file with the land registry and Land Land Registry.

The notary prepares and authenticates the deed, carries out the necessary legal and tax verifications, secures the funds according to the file and completes the registration and registration formalities. It remains independent of the parties and does not replace technical building expertise.

The adoul establishes acts falling within his jurisdiction according to Moroccan law, in particular certain property or family acts. In an unregistered land file, adoular acts can be central. The appropriate form for the transaction must be confirmed with the competent professional.

The compromise is in principle binding on the seller and the buyer under the conditions provided. A promise can organize the commitment of one or both parties differently. The actual content of the contract, its suspensive conditions, its deadlines and its penalties are more important than its title.

This is a condition that must be met for the operation to be successful: obtaining financing, regularization of a document, release of a mortgage, town planning verification or other condition expressly provided for. It must be precise, dated and accompanied by the consequences of its failure.

The definitive act notes the transfer according to the agreed conditions and triggers the registration and registration formalities. For a titled property, registration with the Land Registry is an essential step in the enforceability of the right.

A power of attorney authorizes a person to act on behalf of another for precisely defined acts. To sell, buy, sign or receive funds, it must be drawn up with great precision, checked for validity and, when established abroad, comply with the required formalities.

It materializes the commitment provided for in the contract. Its amount, its beneficiary, its method of conservation, the conditions of restitution and the cases of loss must be clearly written. Funds should not be disbursed without appropriate legal documentation and prior verifications.

A mortgage guarantees a debt on a building. It normally appears among the charges registered on the land title. The sale may require reimbursement and release to release the property.

Release is the act by which the beneficiary of a guarantee or measure accepts its cancellation. It must then be registered or executed with the competent body so that the charge effectively disappears from the title.

It is strongly recommended for villas, riads, old buildings and properties that have undergone transformations. It can relate to the structure, waterproofing, networks, equipment, humidity, cracks and apparent conformity. The notary checks the legal, not the complete technical condition.

It is generally necessary to provide for applicable duties and taxes, land conservation costs, notary fees and disbursements, any application or financing costs and agency fees. The calculation depends on the property, the declared price, the status of the buyer and the transaction.

These are tax fees due when certain acts are registered. Their rate and base vary depending on the nature of the property and the transaction. The notary normally prepares an updated statement before signing.

They correspond to the formalities and fees collected for certain operations with the ANCFCC, in particular the registration of a transfer or charge. They are separate from registration fees and notary fees.

For sales, the fees announced by Cameron must be confirmed in the applicable sales mandate or document. The reference rate currently used is 3% of the sale price, unless there is an agreement or specific transaction specified in writing.

TPI is the common name for the tax due on the profit made on certain property transfers. The calculation rules, reductions, minimums, exemptions and supporting documents are changing. The seller must obtain an updated calculation from the notary or a tax advisor.

The price entered in the document must correspond to the reality of the transaction. Under-declaration exposes the parties to adjustments, penalties and difficulties in justifying the funds or the cost price during a resale.

When the legal price is set in dirhams, a conversion into euros is generally indicative and varies with the exchange rate. The compromise and the deed must specify the currency and the actual terms of payment.

Yes, a foreigner can generally buy an apartment, a villa, a riad or an urban property. Agricultural land and certain land categories, however, obey specific rules. The exact status of the land must be verified before any commitment.

The acquisition of agricultural land by foreigners is regulated and may be impossible or subject to specific procedures, in particular a change of vocation depending on the situation. The status of the land and the proposed legal structure must be confirmed before disbursing funds.

Bank traceability and transfer documentation are essential to demonstrate the origin of funds, secure payment and facilitate, when conditions are met, the future transfer of resale proceeds and income in accordance with foreign exchange regulations.

It is an account allowing you to receive currencies and carry out operations within the framework of foreign exchange regulations. The bank must confirm the suitable account type, supporting documents and processing of each transfer.

No. Real estate ownership and the right to stay are two distinct subjects. The acquisition may constitute an element of personal situation, but the conditions of residence are a matter for the competent authorities.

Some banks finance non-residents according to their income, their contribution, their country of residence, the guarantees and the property. You need to compare the rate, currency, insurance, fees and prepayment conditions.

The co-ownership regulations describe the private and common areas, the shares, the destination of the building and the operating rules. It must be read before purchasing, particularly for rentals, works, terraces, parking lots and professional uses.

The trustee administers the common areas, executes the decisions of the assembly, monitors contracts and expenses and calls charges. It is necessary to check the minutes, unpaid debts, approved work and the seller's situation.

They can cover security, cleaning, elevators, gardens, swimming pool, lighting, insurance and maintenance of common equipment. Exceptional charges and voted works must be distinguished from current expenses.

These surfaces do not always measure the same thing. The surface of the title, the private surface, the terraces, the walls, the common areas and the constructed surface can be presented differently. You must request the calculation method and the corresponding documents.

The inventory describes the condition of the accommodation, furniture and equipment when the tenant enters and then leaves. It allows any damage to be compared and must be accompanied by photos, meter readings and inventory for a furnished property.

The lease must identify the parties and the property, specify the duration, rent, security deposit, charges, use, payment terms, maintenance, termination and possible inventory. Mandatory rules must be respected.

No. You must check the applicable regulations, the necessary authorizations, the destination of the property, the co-ownership regulations, the tax obligations and the security conditions. Announced profitability does not replace this verification.

A Habous property is permanently assigned to a religious, charitable or family purpose depending on its regime. Its management, rental and transmission do not necessarily follow the rules of ordinary private property. Any operation must be verified with the competent authorities and professionals.

Collective lands belong to Soulaliyate communities and are subject to a special regime and administrative supervision. They should not be assimilated to freely transferable private land.

The Guich lands have a special historical status. Rights of use or occupation should not be confused with full titled ownership. The possibility of selling, building or financing depends on the precise status and available documents.

It is a very long-term lease which gives the lessee extensive rights over the property during the duration of the contract, without transferring full ownership of the land to them. It is necessary to analyze the remaining duration, the royalty, the construction rights, the transfer, the guarantees and the fate of the constructions at maturity.

Usufruct allows you to use the property and receive income from it, while bare ownership retains the right to dispose of the property subject to usufruct. A sale or mortgage may require the intervention of the holders concerned.

These are specific real rights recognized in Moroccan land law, linked in particular to constructions, to the space above a building or to overlapping rights. Their scope depends on the act and the inscriptions. They require a specific notarial or legal analysis.

Yes in certain situations of joint ownership, but the buyer does not necessarily buy a physically delimited portion. Without regular sharing or fragmentation, the exclusive use of an area can be contested. It is necessary to check the agreement of the joint owners and the feasibility of the division.