Acquiring a home or land in Casablanca requires several legal checks to secure the transaction.
Verifying Property Title
First step: verify the property title. In Morocco, properties can be titled (registered at the Land Registry, with a land title) or untitled (Melkia properties, under customary ownership). If the property has a recent land title, it's a guarantee of security: this official document (issued by the ANCFCC) is irrefutable and cleared of any unmentioned prior rights. If the property is an unregistered Melkia, the buyer must plan to regularize it with the Land Registry. This involves filing a registration application (previous ownership deed, cadastral plan, etc.) and paying fees to obtain a land title.
Consulting Urban Planning and Permits
Second step: consult the urban development plan and administrative permits. In Casablanca, all construction must comply with the Land Use Plan (POS) or Municipal Urban Plan (PCU). Before buying, ask to see the subdivision permit and the building permit for the lot in question. Also, check for any urban planning disputes (construction rule violations). For land, it might be useful to hire a surveyor or consult municipal archives.
Signing the Authentic Deed of Sale
Third step: sign the authentic deed of sale. In Morocco, all real estate sales must be concluded before a notary. In practice, the buyer pays a deposit and signs a preliminary sales agreement (compromis de vente), then the final deed at the notary's office. The notary verifies the identity and capacity of the parties, the absence of uncleared mortgages, and drafts the notarial act. The fees for this step are borne by the buyer: they include the notary's fees (about 6–7% of the sale price), registration duties with the tax authorities, as well as stamp and transcription fees at the Land Registry. Note: foreign buyers have the same real estate rights as nationals in Casablanca. They can freely buy apartments, villas, or riads in the city, except for agricultural land over one hectare, the acquisition of which is prohibited for non-residents.
Registration and Tax Payment
Fourth step: registration and tax payment. Once the deed is signed, the notary proceeds with its tax registration. The buyer must pay the registration tax (usually 5% of the price), the land registration publicity tax, and VAT on the notary's services. The property must then be registered in the buyer's name at the Land Registry. If necessary, the notary will help produce a Land Registry extract (annotated cadastral plan) to update the land title.
Simplified Legal Checklist for Buyers
Here's a simplified legal checklist for individual buyers in Casablanca:
- Verify the title: request the Land Registry extract (land title or registration application) to ensure the owner's identity and the absence of encumbrances.
- Check the land status: land title or Melkia (plan for registration if necessary).
- Consult local urban planning: check zoning, building rights, and the existence of valid building/subdivision permits.
- Sign before a notary: preparation of a preliminary agreement then an authentic deed, with payment of a deposit and the usual 7% notary fees.
- Register and pay taxes: with the tax authorities and the Land Registry (registration duties, municipal tax, etc.).
- Declare the property: update the land title in your name via the Land Registry.
- Ongoing taxation: subsequently pay the urban tax and professional tax annually (the urban tax is reassessed every 5 years). These local taxes are generally modest for a primary residence.
For a safe investment, it's advisable to be assisted by a local notary or lawyer familiar with Moroccan regulations. If there's any doubt about the validity of documents or the seller's identity, a lawyer can perform due diligence (cadastral verification, Land Registry search, etc.). Following these legal steps will minimize litigation risks and ensure the acquisition complies with Moroccan legislation.
Buying property is a significant step. For a broader view of related personal legal aspects, consult our guide on Navigating Personal Legal Matters in Morocco: A Guide.