Me. MOHAMED HOUZMALI
A lawyer registered with the Nador Bar since 2021, I specialise in business law, commercial law, family law, real estate law and criminal law

Learn how to verify the land title, sign by power of attorney, transfer funds legally and register the property in your name while limiting travel.
Hicham Ouazzani
Legal Editor — Criminal Law
Living abroad? Consult a Real Estate Law lawyer remotely
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Buying property in Morocco from abroad remains a transaction governed by Moroccan law, even if you sign the power of attorney in Paris, Brussels, Madrid or Montreal and finance the purchase in euros. The property's location determines the application of Moroccan rules concerning ownership, the form of the instrument and land registration. Your MRE status therefore exempts you neither from ANCFCC checks nor from registration duties. It mainly changes how you sign, transfer the money and retain evidence that the funds originated in foreign currency.
For registered property, the central legislation is the Dahir of 12 August 1913 on land registration, substantially amended by Law No. 14-07. Articles 65 and 66 govern the publication of real property rights and the enforceability of registrations against third parties. In practical terms, a signed but unregistered agreement does not provide the same protection as a purchase entered on the land title. Article 62 does not create an emergency objection procedure: it primarily establishes the final and evidentiary nature of the land title. In the event of a dispute after registration, the provisional registration provided for in Articles 85 et seq., in particular, is often the appropriate protective mechanism.
The form of the sale also depends on Law No. 39-08 establishing the Real Rights Code. Under Article 4, instruments transferring real property ownership must, on pain of nullity, be drawn up as an authenticated instrument or as an instrument with a certified date drafted by a lawyer admitted before the Court of Cassation, unless otherwise provided by special legislation. In practice, the vast majority of purchases of titled property are handled by a notary governed by Law No. 32-09. The notary receives the funds, completes the tax formalities and then files the instrument with the Land Registry.
If you purchase off-plan, Articles 618-1 et seq. of the Code of Obligations and Contracts, introduced by Law No. 44-00 and subsequently revised by Law No. 107-12, govern sales of buildings in a future state of completion. For an apartment under co-ownership, you must also review Law No. 18-00, as amended by Law No. 106-12, the co-ownership regulations and any unpaid service charges. Tax treaties concluded notably with France or Belgium do not replace these rules: their primary purpose is to allocate taxing rights over income and capital gains.
A property purchase in Morocco can legally be completed almost entirely remotely. Your lawyer can check the seller, request land records, review the sale agreement and assist you by videoconference. The notary can prepare the deed, receive a bank transfer and file the application with ANCFCC. Finally, an authorised representative holding a special power of attorney may sign the sale agreement and then the final deed. Your presence in Morocco is therefore not systematically required, provided that the professional responsible for executing the deed approves the form of the power of attorney in advance.
The first step is to obtain the complete land title number from the seller, including identification of the competent Land Registry. A mere address, a photograph of the building's exterior or an apartment number is insufficient. Using these references, your lawyer or notary requests a recent ownership certificate and checks the registrations. Some ANCFCC electronic services now allow documents to be ordered or verified remotely. Where online payment or identification cannot be completed from abroad, the professional in Morocco carries out the formality on your behalf.
Your presence is generally required before the consulate when it legalises your signature or executes a consular power of attorney. It may also be required by a bank that refuses to open an MRE account remotely, particularly to satisfy identity verification and anti-money laundering requirements. However, some Moroccan banks have representative offices in France, Belgium, the Netherlands, Spain, Italy or Canada. Request written confirmation before arranging travel: practices vary according to the bank, the consulate and the risk level of the case.
Be mindful of the distinction between legal representation and mere administrative assistance. A relative may collect a document or submit an application if they hold the necessary authority, but they must not independently select the property, change the price or receive the money without a precise limitation. Agency is governed by Articles 879 et seq. of the Code of Obligations and Contracts. A power of attorney to purchase must identify the property, set a maximum price, specify the payment account, prohibit any unauthorised substitution and terminate after the purchase has been registered.
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A lawyer registered with the Nador Bar since 2021, I specialise in business law, commercial law, family law, real estate law and criminal law
OUDAD LAW FIRM assists, advises and represents a clientele of natural and legal persons in their civil, commercial, administrative and criminal disputes, before all the courts of the Kingdom. The Firm intervenes at every stage of the dispute, in particular in matters of: Pre-litigation and risk analysis; Development of a judicial strategy, both for the claimant and for the defence; Provisional and protective measures; Drafting of pleadings and procedural documents; Settlement negotiations; Oral pleadings; Monitoring of the enforcement of court decisions. Our work is based on a rigorous, strategic approach adapted to the stakes of each case.
A lawyer at the Casablanca Bar, Jad Berrada heads JB Law Firm, a practice dedicated to strategic legal advice in business law. For five years he has been assisting companies, investors and individuals in securing their transactions, achieving compliance and managing their disputes, in both advisory and litigation matters. Trilingual (French, Arabic, English), he holds consultations by videoconference. His practice covers business law in the broad sense: company law, contract law, labour law, consumer law, land law, liability law and business criminal law. He also handles arbitration and mediation, favouring alternative dispute resolution methods wherever possible. The author of several works devoted to the practice of business law — including "Les 50 compétences que votre avocat d'affaires doit nécessairement posséder" and "Techniques de lecture et d'analyse juridique" — he holds one conviction: it is skills and strategy, more than knowledge of the texts alone, that make his clients win. Rigour, pragmatism and an understanding of business issues guide the support he provides. The firm also handles employment law (contracts, labour litigation, for employees as well as employers), commercial litigation and debt recovery, intellectual and industrial property (trademarks, patents, infringement), real estate law and commercial leases, as well as proceedings before the administrative courts.
The safest approach is to send the draft power of attorney to the Moroccan notary before signing it. The notary checks that the document contains the powers required to sign the sale agreement, pay the price, accept the terms, sign the final deed and complete registration. The power of attorney must be special, never general. It must state the authorised representative's full identity, the land title number, the property's address, the price or price ceiling, the payment method and a limited duration. A clause prohibiting the representative from selling, mortgaging or appointing a substitute further reduces the risk.
The Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents has applied in Morocco since 14 August 2016, not since 2024. A power of attorney executed before a notary in another State party may therefore, in principle, be apostilled by that State's competent authority. The apostille certifies the origin of the document, signature and seal; it validates neither its content nor the scope of the powers granted. Some Moroccan notaries still require an accurate translation or prefer a power of attorney executed directly at the consulate.
The other option is to sign before the Consulate General of Morocco with jurisdiction over your place of residence. The consulates in Paris, Orly, Lyon, Brussels, Madrid, Barcelona, Rome, Milan, Amsterdam, DĂĽsseldorf or Montreal can provide information about their own procedures. An appointment and personal attendance are frequently required, together with a Moroccan passport or CNIE, proof of residence and a draft power of attorney. Observed processing times range from a few days to four or six weeks during busy periods. Some consular posts accept a limited postal procedure, but you should never assume that this is available without confirmation.
A document drafted solely in French, Dutch, German, Italian or Spanish may require translation into Arabic by a sworn translator recognised in Morocco. This generally takes two to five working days and costs approximately 900 to 2,200 MAD, or 80 to 200 euros, depending on the length. Consular fees vary according to the document and consular post; including preparation, legalisation, secure delivery and copies, you should generally budget 300 to 1,100 MAD, or 27 to 100 euros. Never send the original before the Moroccan notary has approved its form.
Do not pay any deposit before obtaining a recent ownership certificate. This document must be cross-checked against the seller's CNIE and the draft instrument. It identifies the registered owner, the description and composition of the property, any ownership shares and published encumbrances. The review must look for a bank mortgage, attachment, provisional registration, usufruct, easement, registered lease or restriction affecting the sale. The certificate generally costs a few hundred dirhams depending on the service requested, approximately 150 to 300 MAD or 14 to 27 euros.
The certificate is only a snapshot at a particular date. The lawyer must also examine the root of title, relevant previous instruments, cadastral plan, planning status and the seller's true identity. For an apartment, you must request the co-ownership regulations, the descriptive statement of division, recent minutes of the owners' association and a service charge statement. For a house, check the building authorisation, occupancy permit or certificate of conformity. An unauthorised structure added to a terrace can make resale or bank financing very difficult.
Unregistered melk land does not have the security of a final land title. Ownership is established through adoul instruments, possession and other evidence that may be challenged. This represents a serious risk for an absent MRE: uncertain boundaries, unidentified heirs, double sales or registration proceedings initiated by a third party. A purchase may be legally possible, but it requires enhanced due diligence and sometimes prior registration. The statement that “the family has always owned this land” is no substitute for a boundary survey or an analysis of the chain of title.
Undivided co-ownership is different. The property may have a perfectly valid land title while belonging to several people, often heirs. Each share must be identified, and all necessary rights must be validly transferred. If one person claims to sell the entire property without authority from the others, they can normally transfer only their own rights. Soulaliyate collective lands are governed by Laws No. 62-17, No. 63-17 and No. 64-17 and by a special regime. Never treat them as ordinary privately owned land.
The procedure begins with an offer or agreement in principle, but the first truly binding document is often the sale agreement. Article 489 of the Code of Obligations and Contracts requires a written instrument with a certified date for property sales falling within its scope, while Article 4 of the Real Rights Code reinforces the formal requirements. The sale agreement must describe the property unambiguously, state the price, identify any furniture included and specify whether the amount paid constitutes earnest money, a deposit or funds held in escrow. These terms do not have the same consequences if the transaction fails.
Include appropriate conditions precedent: obtaining financing, an ownership certificate free of undisclosed encumbrances, discharge of the mortgage, compliance with planning rules, clearance of any right of pre-emption and production of authority from all sellers. The deposit must be transferred to the notary's escrow account, not paid in cash to the agent or seller. The sale agreement must also set a deadline and explain precisely what happens to the deposit if a condition is not satisfied. From abroad, you must receive and approve each version in writing before your authorised representative signs it.
Before the final deed, the notary collects the documents, verifies the tax status required for the transaction, requests the funds and prepares the mortgage discharge formalities if a bank is registered. On the date of signing, your authorised representative presents the original approved power of attorney. The price is paid in accordance with the deed's instructions, generally by bank transfer or a traceable banker's cheque. The notary then completes tax registration and files the deed with ANCFCC. Request the filing reference and then an updated ownership certificate proving that you are actually registered.
For an off-plan purchase, do not rely solely on a commercial reservation form or receipts from the developer. Articles 618-1 et seq. of the DOC require specific documents and a specific timetable for off-plan property sales. Have the underlying land title, building authorisation, plans, specifications, guarantees required by the applicable regime and the correspondence between payments and construction progress checked. The withdrawal or cooling-off period depends on the precise legal classification of the document and the contractual framework; do not assume that a uniform ten-day period automatically protects every property reservation in Morocco.
Open your account before paying any deposit. An MRE may use a foreign currency account or a convertible dirham account with a Moroccan bank, subject to the institution’s customer onboarding policy. Fund it by transfer from your personal account abroad and clearly state the real estate purpose. Retain transfer orders, credit notices, bank certificates and statements. Cash payments, transfers through a relative’s account or transfers without a reference weaken the evidence that the investment was financed in foreign currency.
Foreign exchange regulations generally protect the subsequent transfer of the proceeds of an investment financed in foreign currency, subject to compliance with documentary and tax requirements. At the time of resale, the bank will examine, in particular, the purchase deed, evidence of the inflow of foreign currency, the sale deed, the real property gains declaration and tax receipts. It may request additional documents where part of the price was financed in dirhams or through a local loan. The retransfer guarantee is therefore not created retroactively merely by opening a convertible account after the purchase.
For a mortgage loan, banks assess foreign income, length of employment, debt-to-income ratio, down payment and the appraised value of the property. They commonly require payslips, tax assessments, bank statements, an employment contract and proof of residence, sometimes apostilled or translated. The financing results in a mortgage being registered against the land title and entails additional costs. The power of attorney must then expressly authorise the signing of the loan and mortgage; include these powers only if financing is genuinely planned and set a maximum amount for the loan.
Moroccan real estate capital gains tax is borne by the seller, including when the seller resides abroad. The General Tax Code (CGI) provides, in principle, for taxation of real property gains at a rate of 20%, with a minimum contribution generally calculated at 3% of the sale price, subject to the exemptions and rules in force on the date of sale. The Franco-Moroccan tax treaty of 29 May 1970 and the Belgian-Moroccan tax treaty of 4 May 1972 allow Morocco to tax gains relating to property located in its territory, while providing for the elimination of double taxation in the State of residence.
The first safeguard is simple: do not give anyone powers broader than the proposed transaction. A general power of attorney, sometimes called a vekala amma, may authorise acts you did not anticipate. The purchase mandate must expressly exclude a sale, gift, mortgage unrelated to identified financing, personal receipt of the price and substitution of the agent. It must expire on a date in the near future or upon registration. Provide the original only to the notary or lawyer handling the matter and request its return or archiving after use.
The second safeguard is prompt registration. For registered property, Articles 65 and 66 of the Land Registration Dahir make registration decisive in relation to third parties. Ask the notary for proof of filing as soon as it occurs, then monitor the matter until the updated certificate is issued. At some particularly busy Land Registry offices, a file may take forty-five to sixty days, or even longer if an issue is raised. This administrative delay must not become a period of silence: your professional adviser must identify any missing document and respond to the registrar’s requests.
If you discover a forged power of attorney, a fraudulent sale or a registration in progress, contact a lawyer immediately. Depending on the status of the matter, the lawyer may apply to the president of the competent court, request an interim protective measure, seek provisional registration with the Land Registry or bring proceedings on the merits. Provisional registration under Articles 85 et seq. of the Land Registration Dahir is subject to strict time limits and documentary requirements; it is not merely a letter of objection. A criminal complaint may also be considered in cases of forgery, use of a forged document or fraud, particularly under Article 540 of the Criminal Code.
Finally, arrange practical monitoring. The ANCFCC Mohafadati service may inform the registered owner of certain transactions affecting their title, subject to the service being activated and operational. Keep the deed, ownership certificate, cadastral references, receipts and powers of attorney separately. Periodic checks may be requested from a lawyer when the property remains vacant, is entrusted to a relative or is undergoing work. However, no insurance policy or electronic alert can replace proper registration and a prompt judicial response where fraud occurs.
To prepare a prudent budget, generally add 7% to 10% to the purchase price. The exact amount depends on the nature of the property, its tax treatment, the use of financing and the agreed fees. Article 133 of the General Tax Code sets the rates of registration duties. The rate commonly applied to the purchase of constructed premises and certain land intended for construction is 4%, while other land or transactions may be subject to a different rate, often 5%. The notary must provide you with an itemised assessment based on the 2026 edition of the General Tax Code.
The Land Registry generally charges a proportional fee of 1.5% for registration of the transfer, in addition to fixed fees and certificate costs. For a property priced at 1,200,000 MAD, or approximately 109,000 euros based on the indicative rate of 1 euro to 11 MAD, the proportional fee amounts to approximately 18,000 MAD, or 1,635 euros. Registration duties at 4% would amount to 48,000 MAD, or 4,365 euros. If a different tax rate applies to the land or transaction, the calculation must be adjusted before signing.
The notary’s fees and disbursements must be set out in a detailed statement. For a standard transaction, the observed budget is often around 1% of the price excluding tax, with variations according to the applicable bands, minimum fee and work required. For 1,200,000 MAD, provisionally allow 8,000 to 15,000 MAD, or approximately 725 to 1,365 euros, then request a quotation. A lawyer’s fees for an audit and comprehensive assistance are freely agreed: a range of 5,000 to 20,000 MAD, or 455 to 1,820 euros, is common depending on complexity.
Add translation, apostille or consular formalities, international transfers, the bank valuation and, where applicable, the agency commission. This commission is contractual and often expressed as a percentage plus VAT; check who pays it and on what basis. For a purchase at 1,200,000 MAD, an overall budget of 85,000 to 120,000 MAD, or approximately 7,725 to 10,900 euros, is reasonable for a standard transaction, excluding financing and building work. VAT on a dwelling purchased from a developer is generally included in the invoiced price and must not automatically be added a second time.
The notary and lawyer do not have the same role. The notary, a public officer governed by Law No. 32-09, executes the deed, safeguards entrusted funds and completes the formalities relating to the transfer. The notary must remain impartial between the parties. A lawyer governed by Law No. 28-08 represents your interests exclusively. The lawyer may challenge a clause, recommend withdrawing from the purchase, negotiate a guarantee, analyse a risk relating to co-ownership in undivided shares or prepare legal proceedings. For an absent MRE, this independence is particularly useful when the seller or developer has selected the notary.
The engagement can be managed entirely by videoconference, telephone and secure communications. Request an engagement letter stating the checks included, fees, disbursements, expected timeframes and limits of the engagement. The audit should cover, at a minimum, the land title, the seller’s identity and authority, the chain of title, encumbrances, planning status, co-ownership, draft preliminary agreement and power of attorney. If the lawyer is to represent you before an administrative authority or court, a separate mandate may be required depending on the proposed action.
Verify the lawyer’s professional identity and registration with a Moroccan Bar Association. Request the lawyer’s full name, registration number, professional contact details and an invoice or fee agreement. Funds intended for the seller must not pass through an intermediary’s personal account. The purchase price and deposit are normally paid into the professional or escrow account designated by the notary. A reputable lawyer will not agree to bypass banking checks, artificially understate the declared price or conceal the identity of the true purchaser.
Allow thirty to ninety days between a properly negotiated preliminary agreement and the final deed, and longer if financing, an inheritance, a mortgage or planning regularisation is involved. The consular power of attorney alone may take two to six weeks. After signing, registration often takes fifteen to sixty days depending on the Land Registry office and the quality of the file. A realistic timetable offers better protection than a promise to sign within a few days. When acting remotely, request a written report at each stage and do not approve any payment based solely on a voice message.
Living abroad? Consult a Real Estate Law lawyer remotely
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