Real Estate in Morocco: The Crackdown on Power of Attorney

Justice Minister Abdellatif Ouahbi has formalized the implementation of Law 31.18 on real property rights. Courts and the National Land Registry Agency are currently preparing the regulatory provisions of this text, validated in October 2025. The central measure of this framework involves establishing a unified national electronic registry. According to Challenge magazine, this data digitization is primarily intended to "combat fraud and strengthen confidence in legal mechanisms."

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The drafting of mandates allowing the sale, purchase, or management of real estate property must now comply with extremely strict formalism. Documents must be drawn up in authentic form by authorized professionals, such as notaries, adouls, or approved lawyers. Any power of attorney that does not follow this procedure will be subject to automatic annulment, thereby ensuring better efficiency of judicial services.

This legislative overhaul is part of a broader royal directive issued in 2016 to actively combat real estate mafias. For many years, these networks exploited a lack of traceability to multiply scams. The primary victims of these massive frauds were generally Moroccans residing abroad as well as foreign nationals benefiting from inheritance on national territory.

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The new legal framework also disrupts the functioning of Real Estate Civil Partnerships (SCI). These structures now have the obligation to register to obtain legal personality, thus derogating from previous common law. Furthermore, any SCI deriving regular income from commercial acts must change its status to become a commercial company. As one notary emphasizes, this requirement aims to "end opaque arrangements that favored fraudulent transactions."