ELEV8 Buyer's guide
Buying property in Marrakech as a foreign investor
Foreigners can buy property in Marrakech, and a purchase made the right way is secure. The risk lies less in the law than in skipped checks: a property without a land title, a cost budget built on the price alone, funds sent the wrong way.
This guide covers what we explain to every international client before the first visit: the type of title to insist on, the two signings that make up a sale, what a purchase costs in dirhams on top of the price, and the checks to complete before you commit.
Titre foncier or melkia: the first question to ask
In Morocco, two kinds of property document coexist, and they do not offer the same security.
| Titre foncier | Melkia | |
|---|---|---|
| What it is | A title registered with the land registry (Conservation Foncière, ANCFCC) | A traditional deed drawn up by adouls, based on testimony of possession |
| Boundaries and area | Surveyed and recorded on an official plan | Described, often without an official survey |
| Who owns it | The registered owner, as shown in the register | Ownership can be contested by heirs or neighbours |
| Charges (mortgages, rights of way) | Listed in the register and checkable | Not centrally recorded |
| Bank financing | Usually accepted as security | Rarely accepted |
A property "en cours d'immatriculation" (title registration in progress) is not yet a titre foncier. Registration can take time and can be opposed.
Elev8 Projects works exclusively on titled properties. We do not present melkia properties, whatever the price. Before any introduction, the seller provides a recent certificate of ownership (certificat de propriété) from the Conservation Foncière, so ownership and charges are checked from the start.
The steps: from offer to final deed
A Moroccan sale is built on two signings, not one: the compromis de vente, then the acte définitif before the notary. Between the two, the checks are completed and the conditions are lifted.
- Written offer. You make an offer in writing; nothing is binding yet. Agree price, inclusions and timetable before anything is signed.
- Compromis de vente. The binding sale agreement, signed by buyer and seller, usually prepared by the notary. It sets the price, the deposit, the deadline for the final deed and the conditions suspensives (for example, obtaining a loan). The deposit is usually 10% of the price.
- Checks and conditions. The notary verifies the title, charges and taxes due; you complete your own checks (below) and arrange financing if any.
- Transfer of funds. A non-resident buyer transfers the price in foreign currency through a Moroccan bank. Keep the bank's proof: it is what allows you to repatriate the proceeds when you sell.
- Acte définitif. Signed before the notary, who pays the seller, collects the duties and taxes, and settles any outstanding amounts.
- Registration. The notary registers the sale at the Conservation Foncière; the title then shows your name. Ask for the updated certificate of ownership.
At no point should money pass to an intermediary: payments go through the notary.
What a purchase costs on top of the price
On a titled villa bought for 5,000,000 MAD, plan for about 486,500 MAD more, roughly 9.7% of the price. Illustrative figures, to be confirmed for each transaction:
| Item | Rate | Amount (MAD) |
|---|---|---|
| Registration duties (droits d'enregistrement) | 4% | 200,000 |
| Land registry fee (Conservation Foncière) | 1.5% | 75,000 |
| Notary's fee | about 1% | 50,000 |
| VAT on the notary's fee | 20% of the fee | 10,000 |
| Stamps and sundry costs | fixed | 1,500 |
| Subtotal: state, registry and notary | 6.73% | 336,500 |
| Elev8 advisory fee, built property | 2.5% excl. VAT | 125,000 |
| VAT on the advisory fee | 20% of the fee | 25,000 |
| Total on top of the price | 9.73% | 486,500 |
The notary's fee alone is around 1%; it is the registration duties that make up most of the cost. For bare land, registration duties are higher (5%), and our fee is 3% excl. VAT; both appear in writing before any land is presented. Budget 7 to 10% above the price, and never under-declare the price: it raises your tax on resale and exposes you legally.
Due diligence: the checks before you sign the compromis
Ten questions to have answered in writing before you commit:
- Is the property under a titre foncier, and does the certificate of ownership (less than 30 days old) show the seller as sole owner?
- Are there mortgages, seizures or rights of way recorded on the title?
- Does the built area match the building permit and the certificate of conformity? Extensions without permits are common.
- Are local taxes (taxe d'habitation, taxe de services communaux) paid up to date?
- If the seller is a company, who has the power to sign, and are all shareholders aware of the sale?
- If there are several heirs or co-owners, have all of them agreed to sell?
- For land: what does the zoning plan allow (height, density, use), and is it inside the urban perimeter, outside any agricultural zone?
- What does an independent technical inspection show (structure, damp, roofs, installations)?
- How will the funds be transferred, so you keep the right to repatriate them on resale?
- What exactly is included in the price (furniture, equipment), listed in an inventory annexed to the compromis?
Our notary, attorney and sworn engineer handle these checks with you; a property that fails one of them is not presented.
Buying with an independent advisor
A purchase in Marrakech goes smoothly when each check is done in the right order and each professional is involved at the right moment. That is our role: one point of contact who coordinates the notary, the attorney, the accountant and the engineer, from the first search to the final deed, on titled properties only.
This guide is general information, not legal or tax advice. Rates and procedures change; your notary confirms them for each transaction.