Morocco Real Estate Contracts: Stricter Controls and Legal Security

Administrative laxity is over. Minister Abdelouafi Laftit is threatening disciplinary proceedings against officials validating illegal real estate transactions. His recent directive requires the absolute prohibition of certifying any private agreement attempting to transfer or modify a land right outside the legal framework. The central administration qualifies this tolerance as "serious breach of professional obligations." The walis and governors have been ordered to ensure strict application of this rule by municipal and district presidents, with the obligation to legally justify each refusal to authenticate in order to guard against potential appeals.

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This clarification was necessary in the face of persistent irregularities in certain local services. These continued to approve non-compliant documents by claiming to limit themselves to simple verification of signatories’ identities. Yet law 39.08 relating to the code of real rights clearly stipulates, under penalty of nullity, that any land deed necessarily requires the intervention of a notary, an adoul or an approved lawyer before the Court of Cassation. Drawing on article 9 of a June 2022 decree, the Interior Ministry recalls that agents must imperatively block any procedure contravening public order.

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The stakes are crucial for sector stability. The supervisory authority believes that the certification of these fraudulent contracts provides an illusion of legality to fundamentally null acts. These bad practices generate endless litigation before the courts and engage the administration’s liability. Through this control offensive, the main objective is to guarantee infallible legal security on the ground and to effectively protect users against disputes related to land ownership.