Real Estate Due Diligence in Morocco 2025: How Digital Land Registry Transforms Foreign Investment

Morocco’s land registry system undergoes substantial modernization through a MAD 10.63 billion investment program announced in November 2025. The Agence Nationale de la Conservation Foncière, du Cadastre et de la Cartographie (ANCFCC) has implemented digital verification tools that fundamentally change property due diligence procedures for foreign investors.

This modernization addresses longstanding challenges in Moroccan real estate transactions: verification delays, fraud risks, and uncertainty regarding property titles. For international buyers, these improvements reduce transaction risks and accelerate acquisition timelines.

Morocco real estate due diligence

Morocco real estate due diligence

Morocco real estate due diligence

Morocco real estate due diligence

Morocco real estate due diligence

Morocco real estate due diligence

ANCFCC Modernization Program: Legal Framework

The ANCFCC operates under the authority of Morocco’s land registration system, governed primarily by Dahir of June 12, 1915 on the organization of land registration (immatriculation foncière) and subsequent amendments. The agency’s 2025-2027 investment program, detailed in the report accompanying the 2026 Draft Finance Law (PLF 2026), establishes specific targets:

• Creation of 546,000 new land titles (titres fonciers) in 2025
• Extension of cadastral coverage to an additional 1.2 million hectares
• Expansion to 35 new rural communes
• Issuance of 2.2 million property certificates (certificats de propriété)
• Complete digitalization of land registry services

The MAD 10.63 billion allocation represents the government’s commitment to establishing comprehensive land registration. This investment addresses the fact that approximately 70% of urban properties and most rural land remain outside the formal titre foncier system.

Digital Verification Tools for Due Diligence

ANCFCC has deployed three digital platforms that directly affect foreign investor due diligence procedures:

Mohafadati Anti-Fraud System

Mohafadati provides real-time alerts for any activity affecting registered land titles. Property owners or authorized parties register their mobile numbers with ANCFCC and receive SMS notifications when:

• Any party requests information about the titre foncier
• Applications for inscription or radiation are submitted
• Notarial acts affecting the property are recorded
• Mortgages, liens, or encumbrances are registered

This system prevents unauthorized transactions and provides immediate notice of potential fraud attempts. Foreign investors should register for Mohafadati alerts immediately upon acquiring Moroccan property.

Online Property Certificate Portal

ANCFCC’s online portal allows instant requests for certificats de propriété, the official documents confirming property registration status. The system operates 24 hours daily and delivers:

• Digital certificates within 24 hours of request
• QR code authentication on all certificates
• Complete title history including all registered rights and encumbrances
• Fixed cost of MAD 100 per certificate

The certificat de propriété serves as the starting point for all property due diligence. It confirms whether land is registered under the titre foncier system and identifies the current registered owner.

E-Cadastre Platform

The e-Cadastre system provides digital access to cadastral maps and property boundaries. This tool allows verification of:

• Exact property dimensions and boundaries
• Adjacent properties and potential boundary disputes
• Cadastral reference numbers
• Zoning classifications

Access to cadastral data reduces reliance on physical site surveys during preliminary due diligence, though final boundary verification remains necessary before acquisition.

Questions about property title verification for your acquisition? Our real estate legal team conducts comprehensive due diligence on Moroccan properties. Contact Cabinet Lafrouji Avocats at +212 (5) 22 47 55 29.

Titre Foncier vs Melkia: Legal Distinctions

Moroccan property law recognizes two property documentation systems with fundamentally different legal effects:

Titre Foncier (Registered Title)

A titre foncier represents definitive proof of ownership under Moroccan law. The land registration system provides:

• Absolute ownership protection: Once registered, ownership cannot be challenged except for fraud or procedural irregularities in the registration process itself
• Opposability to third parties: All rights affecting the property must be inscribed on the titre foncier to be enforceable against subsequent purchasers
• Legal certainty: Courts recognize the titre foncier as conclusive proof of ownership
• Simplified transfers: Property transfers require only inscription on the existing titre foncier

Foreign investors should acquire only properties with valid titres fonciers. The legal protection afforded by land registration significantly reduces ownership risks.

Melkia (Unregistered Property Rights)

Melkia refers to property rights established through traditional documentation but not registered under the land registration system. Melkia documentation typically includes:

• Adoulaire acts (actes adoulaires) prepared by notaries (adouls)
• Purchase agreements (actes de vente)
• Inheritance documents (actes de succession)
• Possession certificates from local authorities

Melkia properties present substantial risks:

• Ownership disputes: Multiple parties may claim rights based on different traditional documents
• Boundary uncertainties: Property limits often lack precise definition
• Transfer complications: Each transaction requires verification of the complete ownership chain
• Financing difficulties: Moroccan banks rarely accept melkia properties as mortgage collateral

Foreign investors should generally avoid melkia properties unless prepared to undertake the lengthy and uncertain process of obtaining a titre foncier through the land registration procedure.

Land Registration Procedure for Unregistered Properties

Law 14.07 governs voluntary land registration. The procedure involves:

1. Application submission: File demande d’immatriculation with supporting ownership documents
2. Preliminary review: ANCFCC examines documentation for completeness
3. Public notice: Publication of the application with 30-day opposition period
4. Field inspection: ANCFCC conducts boundary survey
5. Opposition resolution: Any claims against the application must be addressed
6. Final registration: ANCFCC issues the titre foncier if no valid oppositions exist

This process typically requires 12-24 months for uncontested applications. Opposed applications may take several years to resolve through administrative or judicial procedures.

Due Diligence Checklist for Foreign Buyers

Foreign investors should implement the following verification procedures:

Stage 1: Preliminary Verification (48 hours)

• Request certificat de propriété through ANCFCC online portal
• Verify seller identity matches registered owner on certificat
• Confirm property has valid titre foncier (reject melkia properties)
• Check for registered mortgages, liens, or other charges
• Review cadastral information on e-Cadastre platform

Stage 2: Detailed Legal Review (1-2 weeks)

• Obtain full copy of the titre foncier from Conservation Foncière
• Review complete inscription history for irregularities
• Verify no pending judicial proceedings affecting the property
• Confirm proper authorization if seller is a company (board resolutions, power of attorney)
• Check tax clearance certificates showing no outstanding property taxes
• Review urban planning documents confirming permitted uses
• Verify compliance with Law 62-19 if agricultural land

Stage 3: Physical Inspection and Verification (1-2 weeks)

• Conduct site visit with licensed surveyor (géomètre)
• Verify physical boundaries match titre foncier description
• Inspect for unauthorized occupants or construction
• Confirm utilities access and property condition
• Interview neighboring property owners regarding boundary disputes
• Photograph property and boundaries for documentation

Stage 4: Contractual Documentation (2-3 weeks)

• Draft preliminary sale agreement (compromis de vente)
• Establish escrow arrangements for deposit
• Prepare definitive sale agreement (acte de vente)
• Include representations and warranties from seller
• Define conditions precedent (foreign exchange authorization, permits)
• Specify remedies for title defects or breach

Transaction Costs and Fee Structure

Foreign investors should budget for the following costs in Moroccan real estate transactions:

Government Fees:

• Registration tax: 4% of purchase price (residential property)
• Registration tax: 6% of purchase price (commercial property)
• Land registration fees: 1% of purchase price
• Property transfer inscription: approximately 0.5% of purchase price

Professional Fees:

• Notary fees: 1-1.5% of purchase price
• Legal counsel: 1-2% of purchase price (negotiable)
• Surveyor fees: MAD 5,000-20,000 depending on property size
• Property certificate: MAD 100 (flat fee)

Total Transaction Costs: Buyers should anticipate total acquisition costs of approximately 7-10% of the purchase price.

Foreign Exchange Regulations

Foreign investors must comply with Morocco’s foreign exchange regulations when purchasing property:

Purchase Authorization: No prior authorization from the Office des Changes is required for property purchases by non-residents. However, funds used for acquisition must:

• Enter Morocco through official banking channels
• Be declared to the purchasing bank
• Be documented with foreign exchange attestation (attestation de change)

Fund Repatriation: Non-residents may repatriate sale proceeds subject to:

• Retention of the original foreign exchange attestation from purchase
• Verification that funds entered Morocco legally
• Deduction of applicable taxes before transfer
• Bank verification of transaction legitimacy

Failure to properly document the initial fund transfer creates difficulties when attempting to repatriate proceeds from subsequent sale.

Special Considerations for Agricultural Land

Law 62-19, effective March 2020, restricts foreign ownership of agricultural land. Foreign investors may acquire agricultural properties only through:

• Moroccan companies (minimum 51% Moroccan ownership)
• Agricultural investment projects approved by regional investment centers
• Long-term lease arrangements (99-year leases permitted)

The ANCFCC’s rural registration program offers free titre foncier creation for agricultural land during the promotion period, providing opportunities for Moroccan partners in agricultural joint ventures.

Practical Risk Mitigation Strategies

Foreign investors should implement the following protective measures:

Title Insurance: International title insurance remains unavailable in Morocco. Investors should:

• Conduct thorough legal due diligence
• Require comprehensive seller representations
• Obtain legal opinions from qualified Moroccan counsel
• Consider escrow arrangements for portion of purchase price

Seller Financial Guarantees:

• Require retention of 5-10% of purchase price in escrow for 12 months post-closing
• Obtain bank guarantees from seller for title defect indemnification
• Include warranty periods in purchase agreements

Jurisdictional Protection:

• Register purchase contracts with the tribunal de première instance
• Include arbitration clauses for dispute resolution
• Specify applicable law and jurisdiction clearly

Secure Your Moroccan Real Estate Investment with Expert Legal Guidance

Property acquisition in Morocco requires careful navigation of land registration procedures, title verification protocols, and foreign investment regulations. The consequences of inadequate due diligence include ownership disputes, transaction delays, and financial losses.

Cabinet Lafrouji Avocats provides comprehensive real estate legal services:

• Title verification: Complete due diligence on property titles including certificat de propriété analysis, titre foncier examination, and inscription history review
• Transaction structuring: Advise on optimal acquisition structures considering foreign ownership restrictions and tax implications
• Contract drafting: Prepare preliminary and definitive sale agreements, escrow arrangements, and warranty provisions
• Regulatory compliance: Handle foreign exchange documentation, Office des Changes procedures, and agricultural land approvals
• Dispute resolution: Represent clients in property disputes, boundary conflicts, and title challenges

Our legal team maintains direct relationships with ANCFCC services and regional Conservation Foncière offices, enabling efficient title verification and registration procedures.

Contact us for a confidential consultation:

Cabinet Lafrouji Avocats
64 rue Taha Houssein
20000 Casablanca – Maroc
Telephone: +212 (5) 22 47 55 29
Email: contact@lafroujiavocats.com

Disclaimer: This article provides general information about Moroccan real estate due diligence procedures and does not constitute legal advice. Property investors should engage qualified legal counsel to conduct specific due diligence on contemplated acquisitions.