Buying real estate is a big decision, and it’s important to know the legal requirements. Morocco’s legal system provides clear criteria for real estate transactions, including the ability to buy remotely, regardless of whether you are a Moroccan national or a foreigner.

For Moroccan citizens:

Moroccan citizens do not need to be present in Morocco to purchase property. Individuals may delegate legal authority to a representative through a notarised power of attorney, according to Article 879 of the Dahir on Obligations and Contracts (DOC). This representative can act on behalf of the buyer in all essential procedures, such as:

• Signing both preliminary and final sales contracts.
• Registering the property with the Land Registry (National Agency of Forest Conservation, Cadastre, and Cartography).
• Managing financial transactions through Moroccan banks.

To ensure its validity within Morocco, Moroccans residing abroad must have their power of attorney notarised and validated by a Moroccan consulate in their country of residence, according to Article 418 of the DOC.

For foreign nationals:

Foreign nationals are not obliged to be in Morocco to purchase property. The legal framework permits them to designate a representative through a notarised power of attorney in accordance with Article 879 of the DOC.

However, there are special rules governing the sort of property that foreigners can purchase:

• Foreigners can acquire residential and commercial properties without limitation.
• Agricultural Land: According to Law No. 39-08, foreigners cannot purchase agricultural land unless it is reclassified for non-agricultural use. To do this, individuals must get a Certificate of Non-Agricultural Vocation (Non-agricultural vocational certificate) from the local authorities. This certificate allows the land to be utilised for industrial, commercial, or residential reasons.

In addition, Article 4.2.1 of the General Instruction for Foreign Exchange Operations published by the Moroccan Foreign Exchange Office mandates that foreign purchasers must utilise monies placed in a convertible dirham account registered with a Moroccan bank. This rule guarantees adherence to Moroccan financial regulations and makes it easier to repatriate money when it is sold or used for other financial purposes. The rules that allow foreign investors to transfer the proceeds of real estate transactions overseas are also described in Article 6.1.2, as long as the original acquisition was funded with foreign currency placed in the convertible dirham account and all applicable taxes have been paid.