A distinctive approach to Marrakech

The overall process is similar, but the Moroccan legal and administrative framework has its own specificities. In Morocco, the notary plays a central role from the early stages of the transaction, verifying the property's ownership, title status, mortgages, seizures or other registered claims, as well as its tax and administrative situation. For registered properties, ownership is recorded with the ANCFCC (National Agency for Land Conservation, Cadastre and Cartography). The process can also vary depending on whether the buyer is Moroccan or foreign, the nature of the property, and whether the land has an agricultural vocation. This is why we recommend involving the notary from the beginning of the acquisition process, rather than only at the final signing.

Agency fees are not fixed by a single universal rate and may vary depending on the agency, the property and the terms agreed in the mandate. For a sale, a commonly observed practice in Morocco is 2.5% HT of the sale price paid by the seller and 2.5% HT paid by the buyer. With 20% VAT, this represents 3% TTC per party, or 6% TTC in total. These fees cover the agency's work throughout the transaction, including property valuation, marketing, viewings, buyer sourcing, negotiation, administrative support and coordination through to completion. At Arcanum, our fees and the way they are allocated are always clearly discussed and agreed upon with our clients before the transaction begins.

VNA stands for "Vocation Non Agricole" (Non-Agricultural Use). It concerns certain properties, particularly land located outside urban areas and having an agricultural vocation, when the buyer intends to develop a non-agricultural investment project. Obtaining a VNA can allow a non-agricultural project to be considered on land with an agricultural vocation, subject to specific conditions. However, a VNA does not automatically mean that the land is freely buildable. Planning, construction and other administrative authorisations may still be required. Before purchasing such a property, it is essential to verify its land status, zoning, VNA conditions, actual buildability and the planning permissions required. At Arcanum, we work with the appropriate notaries, architects and specialists to ensure these points are properly assessed before you commit.

Before the final deed is signed, the notary carries out the necessary legal and administrative due diligence to ensure that the seller has the right to sell the property and that the buyer can acquire it securely. For a titled property, this will generally include checking the recent Certificate of Ownership, the seller's ownership, and any registered mortgages, seizures, pre-notations or other claims. The notary will also review the property's tax situation, planning and administrative status, as well as construction permits and compliance documents where applicable. Additional documentation may be required depending on the property — for example, condominium documents for an apartment, planning and construction documents for a villa, VNA documentation for certain plots of land, or specific documents for a riad or property intended for tourism. The exact requirements depend on each transaction, which is why due diligence should ideally begin before any significant financial commitment is made.

A Titre Foncier is an official registered land title issued through Morocco's land registration system. It provides a formal record of ownership and registered rights relating to the property. A Melkia is a traditional ownership document generally associated with an unregistered property. It does not provide the same level of land registration and therefore requires particularly careful legal due diligence. This distinction is especially important in Marrakech, where buyers may encounter traditional properties such as riads, houses in the Medina and land outside urban areas. Before purchasing a property held under a Melkia, we strongly recommend that the ownership documentation and legal history of the property be carefully reviewed by the notary.

Yes. Foreign nationals can generally purchase residential real estate in Morocco, including apartments, villas and riads. However, additional considerations may apply depending on the nature and location of the property. In particular, the acquisition of certain land with an agricultural vocation outside urban areas can involve specific procedures, including the VNA process when a non-agricultural investment is intended. For international buyers, it is also important to ensure that the origin and transfer of funds are properly documented, particularly if you may wish to repatriate the proceeds of a future sale. Our team works alongside trusted notaries, legal and financial professionals to help international clients understand the requirements and structure their acquisition securely.