Permis d’Habiter in Morocco: Why Buyers Must Check the Habitation Permit

A permis d’habiter is the habitation permit that a Moroccan commune issues once a new residential building is finished and matches its building permit.

Without it, a new home is not supposed to be lived in, and the gap can cause problems with utilities, mortgages and resale.

This guide explains what the permit is, how it is issued under the current rules, and how a foreign buyer should check it before paying.

This article is general educational information based on the published construction regulation and current reports, not legal advice. Local practice varies between communes, so confirm the position with your notary and, if needed, the commune’s urban planning department.

What is a permis d’habiter in Morocco?

The permis d’habiter, sometimes translated as habitation or occupancy permit, confirms that a residential building has been completed in line with its building permit.

For buildings with another use, such as shops, offices or tourist buildings, the equivalent document is the certificat de conformité.

Both are governed by Law 12-90 on urban planning and by the general construction regulation approved by decree no. 2-18-577 of 12 June 2019 (Decree 2-18-577, Ministry of Justice portal).

The owner is not supposed to occupy a newly completed building before obtaining the permit (Finances News Hebdo).

How is the permis d’habiter issued?

The decree sets out the procedure in articles 48 to 52 (Decree 2-18-577, articles 48 to 52).

1. The owner or developer files a declaration that the works are complete with the commune, or with the single window for planning permits, and receives a dated receipt.
2. The completed works are inspected by a commission with representatives of the prefecture or province and of the commune, which compares them with the approved plans and the building permit.
3. When an architect supervised the works, the inspection is replaced by the architect’s certificate that the works conform to the plans and the permit.
4. The commune must tell the applicant the inspection date within three working days of filing.
5. The commission’s report goes to the president of the commune council, who decides within two working days of receiving it.

The decree also provides for these procedures to be handled electronically.

Short legal deadlines do not always mean a quick result: if the building does not match the plans, the permit can be refused until the issue is fixed.

What changed for partial permits in 2025?

In the past, some developers obtained a permit for part of a project, for example the first blocks of a residence, while the rest was still being built.

In August 2025, the Interior Ministry instructed governors that habitation permits and certificates of conformity should only be issued after the works are fully completed in line with the approved plans (Bladi, August 2025).

Architects were also told to issue end of works certificates only once the building fully conforms.

For buyers of off plan apartments, this can mean waiting longer for the permit if the developer is still finishing other parts of the project.

Why does the permis d’habiter matter to a buyer?

Reaconsult, a Moroccan valuation firm, lists several practical consequences of a missing certificate (Reaconsult glossary, certificate of conformity):

• Utilities: final water and electricity connections from the local distributor normally require it.
• Legal occupation: the building is not supposed to be lived in without it.
• Sale: notaries generally ask for it before transferring a new property.
• Mortgage: banks usually want it before releasing the final loan amount.

Reaconsult also warns that a significant share of new buildings in Morocco never obtain it, which it calls a major legal and commercial risk.

That is why it belongs on your document list alongside the title deed, not as an afterthought.

Our property due diligence checklist lists the other documents to request at the same time.

How do you check the permis d’habiter before buying?

For a resale apartment or house

• Ask the seller or the syndic for a copy of the permis d’habiter for the building.
• Check that the address, the building and the number of floors match what you see on site.
• Compare the property with the land title and plan: an extra floor, a closed balcony or a roof room may not be covered.
• Ask your notary whether the permit is on file for the building and whether anything is missing.

For a new build or off plan purchase

• Ask the developer for the building permit now and the expected date for the permis d’habiter.
• Make sure the final deed and the last payment are tied to the delivery of the permit, in writing.
• Ask whether utilities are connected on a final contract or on a temporary site supply.
• If you need a mortgage, ask your bank what it requires before the final release.

Our guide to buying off plan property in Morocco explains how to protect your payments during construction.

If you are comparing a new apartment with an older one, our article on new build versus resale in Marrakech covers the trade offs.

What are the warning signs?

Does a missing permit always mean you should walk away?

Not always, but it changes the risk, the price and the timeline.

A building that is fully completed and only waiting for the commune’s decision is different from one with an extra floor that does not match the plans.

If a permit is missing, get a clear explanation from the seller, ask the notary whether the sale can proceed, and consider asking an architect to compare the building with the approved plans.

If the property needs a regularisation, the cost, the delay and the outcome are uncertain, and that uncertainty should be reflected in your offer or lead you to walk away.

When financing is involved, see our guide to a mortgage in Morocco for foreigners before you rely on a loan.

What did my own purchases teach me about documents?

On my first purchase in Marrakech, I trusted the local contact who found the property and jumped into the process.

Thank God it went well, and the sale was registered in my name through a notary.

Looking back, I relied heavily on trust, and that is exactly why I now tell buyers to ask for every document before they pay, the permis d’habiter included for any recent building.

A missing permit rarely shows on a viewing, and it costs nothing to ask for a copy early.

Frequently asked questions

Who issues the permis d’habiter in Morocco?

The president of the commune council, after the completed works are checked against the approved plans by a commission or certified by the architect, under decree 2-18-577.

What is the difference between a permis d’habiter and a certificat de conformité?

The permis d’habiter is for residential buildings. The certificat de conformité is the equivalent for buildings used for other purposes, such as shops, offices or tourist accommodation.

Can I buy an apartment without a permis d’habiter?

It may be possible in some cases, but many notaries and banks ask for it, and utilities and resale can become difficult. Ask your notary before you sign anything.

Can a developer get a permit for part of a residence?

Since an Interior Ministry instruction reported in August 2025, permits are only issued once the works are fully completed in line with the approved plans.

Does the permis d’habiter prove that the seller owns the property?

No. It concerns the building’s conformity. Ownership is checked on the land title through the ANCFCC.

What should you do before making an offer?

For any building finished in recent years, ask for the permis d’habiter at the same time as the land title and the syndic documents.

If something does not match, find out why before you negotiate, not after you have paid a deposit.