We provide legal support in real estate transactions, construction projects and regulatory compliance.
Real Estate Transactions
Negotiation and structuring of acquisitions and sales
We support investors, developers and companies in negotiating and structuring their real estate transactions: direct and indirect acquisitions (SCI, OPCI), sales off-plan (VEFA), commercial and professional leases, real estate leasing, and lease assignment transactions. Our expertise covers drafting preliminary and final agreements, negotiating conditions precedent, and securing payment mechanisms to protect all parties’ interests.
Real estate due diligence and title verification
We conduct thorough real estate audits before any acquisition or investment: verification of the property’s legal status with the Land Registry, analysis of title deeds and registered charges (mortgages, easements, pre-notations), verification of urban planning compliance, review of existing leases, and analysis of environmental risks. This meticulous work secures transactions and identifies risks before financial commitment.
Real estate financing and mortgage agreements
We structure and draft legal documentation relating to real estate financing: mortgage loan agreements, mortgage deeds and registrations with the Land Registry, pledge of SCI shares, promissory mortgage commitments, and leasing agreements. Our expertise ensures the validity and enforceability of security interests while optimizing financing costs for our clients.
Construction & Development
Construction contracts, EPC and turnkey projects
We draft and negotiate all contracts required for construction and infrastructure projects: EPC contracts (Engineering, Procurement, Construction), EPCM contracts, turnkey contracts, project management and delegated project management contracts, and subcontracting agreements. Each contract is structured to clearly define the scope of works, timelines, penalties, mandatory insurance, and acceptance mechanisms, in compliance with Moroccan construction law.
Obligation determination and risk allocation
We advise construction project stakeholders on determining respective obligations and optimal risk allocation: design, construction, ground condition, force majeure, and price variation risks. Our expertise structures appropriate contractual mechanisms (revision clauses, performance bonds, decennial insurance and all-risks construction policies) to protect our clients against inherent construction project uncertainties.
Urban planning, zoning and administrative permits
We support developers in obtaining necessary administrative authorizations: building permits, subdivision authorizations, compliance certificates, and operating permits. Our advisory covers compliance with development plans, zoning regulations, environmental requirements (impact assessments), and technical standards (seismic, accessibility). We also act in appeals against permit refusals or withdrawal decisions.
Construction dispute resolution
We represent our clients in resolving construction-related disputes: execution delays, defects and non-conformities, additional works claims, enforcement of decennial warranty, and construction insurance disputes. We intervene through the most suitable resolution methods: judicial or amicable expertise, conciliation, adjudication (dispute boards), litigation before commercial courts, or institutional arbitration.
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- Real Estate & Construction
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- 64 rue Taha Houssein, 20000 Casablanca
Frequently Asked Questions
What checks are needed before buying real estate in Morocco?
Real estate due diligence covers the title of ownership (land register), absence of mortgages or easements, urban planning compliance (building permit, certificate of conformity), existing tenancy situation, and co-ownership charges. For rural properties, verifying the land title is critical as ownership may rest on unregistered ad hoc deeds.
What are the taxes and duties on a real estate transaction in Morocco?
Real estate acquisition incurs registration duties (4% for land, 2% for buildings), notary fees, land registry fees, and VAT if the seller is a professional. Capital gains tax follows a declining scale. Proper structuring of the acquisition can optimize the tax burden within legal limits.
How to secure a commercial lease in Morocco?
Commercial leases are governed by the 1953 dahir on commercial premises leases. The tenant has a right to renewal and an eviction indemnity if renewal is refused. The lease must be registered and rent indexed. Resolutory clauses, assignment conditions, and responsibility for works must be negotiated precisely.
Can a foreign investor buy real estate in Morocco?
Yes, foreign investors can acquire real estate in Morocco, with free transfer of investment funds and rental income. The acquisition must be declared to the Exchange Office. Rental income and capital gains can be repatriated. Rural real estate is subject to specific approval conditions.
How does the first consultation with Lafrouji Avocats work?
The initial consultation assesses your legal situation and identifies available options. We review your documents, explain the risks and timelines, and propose a pragmatic approach. At the end of this meeting, you receive an engagement letter detailing the scope of work, fees, and estimated schedule.
What is the firm's working methodology?
The firm operates as a multidisciplinary team. A lead partner oversees your case and coordinates the involvement of specialized associates depending on the issues at hand. This structure ensures consistency in advice and responsiveness in execution. We prioritize regular communication, documented progress updates, and transparency on fees and timelines.
What are the firm's main areas of practice?
Lafrouji Avocats assists local and foreign investors in their operations in Morocco and internationally: mergers and acquisitions, project finance, commercial litigation and arbitration, real estate, and public-private partnerships. The firm also handles regulatory compliance, banking law, and investment structuring. Practice areas cover energy, infrastructure, industry, and financial services sectors.