Property Due Diligence in Morocco: Foreigner Checklist Before You Buy

What Does Property Due Diligence in Morocco Involve?

Foreigners can generally buy residential property in Moroccan towns and cities, although agricultural land is subject to specific restrictions.

Being allowed to buy, however, is only the starting point.

Due diligence is about proving that this particular property, this seller and this deal are what they appear to be.

I am Anis Chity, the founder of Buy Property Morocco, and I have personally bought four properties in Morocco while based in Marrakech.

My first purchase worked out, yet I relied heavily on trust, which is exactly why I now encourage buyers to follow a clear sequence of checks.

No single document can tell you that a sale is safe, so the work is split between several people.

When Should Each Check Happen?

Timing matters as much as the checks themselves, because your leverage drops once money has moved.

1. Before you make an offerAsk for the title number or ownership documents, the seller’s identity, and basic facts about tenants, charges and permits.
2. Before any deposit or compromisHave the notary check ownership and seller authority, complete essential property checks, and agree written conditions and refund terms.
3. Between the compromis and the final deedFinish any outstanding survey, permit, condition, tenant and cost checks only if the agreement clearly protects you if they reveal a problem.
4. Just before signing the final deedAsk the notary to check the register again and confirm how the price, taxes and any charges will be handled.
5. After signingFollow the registration until a new certificate shows your name.

Step 1: Who Is Selling, and Can They Actually Sell?

Start by matching the seller’s identity documents with the name on the ownership documents.

If the property has several owners, every owner normally needs to agree to the sale.

Where the property was inherited, the notary should review the inheritance documents to establish who the heirs are and whether they all consent.

If a company is selling, ask for its registration documents and proof that the person signing has authority to act for it.

When someone signs under a power of attorney, the notary should confirm that it is valid, authentic, and specific enough to cover this sale.

Step 2: What Does the Registered Title Show?

Many urban properties in Morocco have a Titre Foncier, which is a title recorded in the land register kept by the ANCFCC, the national land registry agency.

For a titled property, the key document is the certificat de propriété, an official extract from that register.

ANCFCC describes it as showing the legal and material situation of the property at the time of the request.

It can be requested through the ANCFCC online certificate service using the title number.

Our guide to the ANCFCC property certificate explains how to read it.

It also reflects the register only on its date, so the notary should check it again close to signing.

Never rely on a photo or photocopy of a title sent by an agent or seller.

For a detailed walkthrough, see how to verify a title deed before buying.

What Changes If the Property Has Melkia Documents or Is Being Registered?

Some properties, especially older houses, medina properties and rural plots, are held under Melkia rather than a registered title.

A Melkia is a traditional ownership deed, usually drawn up by adouls (traditional notaries), that relies on witness testimony and a chain of documents rather than an entry in the land register.

Verification is harder here, since there is no single register extract showing the current owner and every registered right.

A lawyer or experienced notary will usually need to examine the chain of documents, the heirs, the boundaries, and whether anyone else claims the land.

Our comparison of Melkia and Titre Foncier explains the practical differences.

A property can also be partway through registration, which normally means there is a registration file rather than a finished title.

During that process third parties may be able to object, so ask your notary or lawyer to check the file’s status at the local land registry office.

If either situation applies, read the guide to buying untitled property in Morocco first.

Step 3: Does the Physical Property Match the Paperwork?

Next, compare what is registered with what actually exists on the ground.

Boundaries and surface

The registered surface can differ from the real one, so a surveyor can check the boundaries and measurements against the title plan.

This matters most for villas, riads, land, and houses with extensions.

Permits and planning

Ask the seller for the building permit and the habitation permit or certificate of conformity where these apply.

Then check the planning status with the commune or Agence Urbaine, especially if you plan to renovate or extend.

Land outside urban areas may be agricultural, and foreign buyers usually face specific rules there, including the AVNA certificate procedure.

Building condition

Older buildings, riads and medina houses can hide problems with damp, structure, roofs, plumbing and wiring.

An architect or engineer can inspect the property and tell you what repairs may cost before you commit.

Apartments and shared buildings

For an apartment, ask the syndic for the monthly charges, any unpaid charges, and any major works already voted or planned.

Tenants and occupants

Find out whether anyone lives in or rents the property, and ask for any written lease.

A lease can affect when you can use the property, how much rent you receive, and whether you can change the terms.

Step 4: What Should the Contract and Deposit Terms Say?

Most resale purchases involve a preliminary agreement, often called a compromis de vente, before the final deed.

Our guide to the compromis de vente for foreign buyers covers it in depth.

Before signing, make sure the agreement clearly states:

• The exact property, including the title number or reference documents.
• The agreed price and how it will be paid.
• What is included, such as furniture, appliances, parking or storage.
• The conditions that must be met before completion.
• The deadline for signing the final deed.
• Who holds the deposit, and when it is refunded or kept.

Written inclusions matter, because one seller I dealt with began removing items such as the television from the deal, and it eventually collapsed.

For deposits, the safer approach is to pay through the notary or against clear written terms, rather than handing money informally to an agent or seller.

Read more about how foreign buyers can protect a property deposit in Morocco before you transfer anything.

If you are buying off plan

Off plan sales, known as VEFA (vente en l’état futur d’achèvement), are governed by Law 44-00 as amended by Law 107-12.

That framework provides for formal contracts and a financial guarantee, but you should not assume every protection applies automatically to your purchase.

Ask the notary which contract you are actually signing, what guarantee is attached to it, and what happens to your money if the project is delayed.

A simple reservation form paid by cheque may not give you the same position as a properly drafted contract.

Also check the developer’s building permit, the land title for the project, and the promised delivery terms.

The guide to buying off plan property in Morocco goes further.

Step 5: What Will It Cost, and How Should You Pay?

The purchase price is never the full cost of buying.

When I bought, I paid several separate costs at the notary, including registration costs, land registry costs, and the notary’s own fee.

Rates depend on the property type, the price and your situation, so ask the notary for a written estimate before you sign anything.

For typical figures, see our guide to notary fees for foreign buyers, then confirm them with your notary.

Official tax rules are published by the Direction Générale des Impôts, and a notary or tax adviser can explain how they apply to you.

Why the payment trail matters

A safer structure is usually to pay through the notary with a traceable payment, rather than paying the seller directly.

Before you pay, ask the notary which taxes, registered rights, building charges and other liabilities will be checked or settled before the seller receives the money.

Get that confirmation in writing, because the notary route is an important protection but not an automatic guarantee that nothing is outstanding.

The 2026 extra registration duty

Traceable payment also matters for tax, because the 2026 Finance Law added an extra 2% registration duty in Article 133-III of the General Tax Code.

It covers deeds drawn up from 1 July 2026 for paid transfers of property priced above 300,000 dirhams.

In broad terms, it can apply when the deed does not state how the price was paid, or when the price was not paid by an accepted traceable method.

Those methods include crossed non endorsable cheques, bills of exchange, bank cards, bank transfers, electronic payment and offsetting.

Where only part of the price is paid in cash, the extra duty is reported to apply only to that cash portion.

Ask your notary how the latest DGI guidance treats any cash deposited through a bank and which payment references must appear in the deed.

Do not assume that every cash deposit or advance is treated the same way.

Instead, ask your notary how your deposit and each payment will be recorded in the deed, and whether the extra duty could apply to your deal.

Our guide to property transfer taxes for foreigners explains the wider tax picture.

Money coming from abroad

If you are bringing money from abroad, transfer it through official banking channels and keep every document your Moroccan bank issues about the transfer.

Under Morocco’s exchange rules, the ability to transfer sale proceeds out later generally depends on the purchase having been funded in foreign currency through those channels, and on the right paperwork.

Those records can matter if you later want to repatriate money after selling property in Morocco.

Some buyers also use a convertible dirham account, so ask your bank which route suits your situation.

Confirm the current rules with your bank and the Office des Changes, because they can change and depend on your residency.

Step 6: What Should You Confirm After Signing the Final Deed?

Signing the final deed is not quite the end.

The sale then needs to be registered so that you appear as the owner in the land register.

Ask the notary how long registration should take for your property, and follow up if it goes quiet.

Once it is done, request a new certificat de propriété showing your name.

Keep the deed, payment proofs, bank transfer documents and tax receipts together, because you may need them when you sell.

If there is a tenant, confirm in writing the date from which rent should be paid to you.

How Should You Deal With Agents, Notaries and Lawyers?

An agent can help you find a property, but you should not assume that they are licensed, insured, or acting in your interest.

Before relying on a real estate agent, check who they are, who pays them, and whether they really have the owner’s instructions.

The notary drafts the authentic deed and handles registration, but acts impartially rather than as your personal adviser.

You can learn more about buying property in Morocco through a notary.

Instructing your own lawyer is not always required, yet it is often worth it when heirs, Melkia, tenants, companies or disputes are involved.

Our guide on how to avoid property scams in Morocco covers these patterns in more depth.

Your Property Due Diligence Checklist

Use this list before you pay a deposit or sign a purchase agreement.