Which legal text governs off-plan sales (VEFA) of homes in Morocco?
- Law 67-12, as amended in 2016
- Law 31.18 on powers of attorney
- Law 44-00, as amended by Law 107-12, inside the Code of Obligations and Contracts
- Law 80-14 on tourist accommodation
VEFA rules sit in the Code of Obligations and Contracts: Law 44-00 added them in 2002 and Law 107-12 rewrote them in 2016. Law 67-12 covers residential leases and Law 80-14 covers tourist accommodation.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12 (2016-11) A developer in Tangier wants to start taking VEFA reservation contracts for a new tower. What must he have before any reservation contract is valid?
- The building permit for the project
- The occupancy permit (permis d'habiter)
- Completed ground-floor foundations
- Signed reservations covering 30% of the units
The law makes a reservation contract void if it is signed before the building permit is obtained. The permit date and number must also appear in the contract, so ask to see it before your client signs.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-3 ter (2016-11) Under the VEFA text in force since Law 107-12, from what point can the preliminary sale contract (contrat préliminaire) be signed?
- Only once the ground-floor foundations are finished
- Only once the structural work (gros oeuvre) is finished
- Only once the developer has sold half of the units
- As soon as the building permit is obtained
Article 618-5 allows the preliminary contract once the building permit is obtained. Some guides still say it must wait for the ground-floor foundations: that was the older rule, and in the current text the foundations are only one of the payment stages.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-5 (2016-11) Who can draw up a valid VEFA preliminary contract in Morocco?
- The developer's sales office, on its own letterhead
- A notary or two adouls, as an authentic deed
- Any real estate agent who holds a signed mandate
- Only the land registry (conservation foncière)
Since 16 July 2026, Law 41.25 requires the VEFA preliminary contract to be an authentic deed drawn up by a notary or adouls, on pain of nullity. Lawyers admitted to the Court of Cassation could draft it before, but no longer can, and a paper signed at the sales office never qualifies.
Youssef Tlemçani, Mandatory authentic deed in Morocco: Law 41.25 (Dahir of 3 July 2026, BO 7526) (2026-07) Example figures: a Casablanca flat is sold off-plan for MAD 1,200,000 and the buyer signs a VEFA reservation contract. What is the maximum the developer can ask at that signature (in MAD)?
MAD The law caps the payment at the reservation contract at 5% of the price. 1,200,000 x 5% = 60,000 MAD.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-6 (2016-11) Example figures: an off-plan flat in Rabat costs MAD 1,500,000. The buyer signed a reservation contract, then a preliminary contract, and works have now started. Following the legal schedule, what is the most he can have paid in total at this point (in MAD)?
MAD Reservation 5% + preliminary contract 5% + start of works 10% = 20%. 1,500,000 x 20% = 300,000 MAD. The next 60% is paid over three construction stages.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-6 (2016-11) In the legal VEFA payment schedule, 60% of the price is spread over three construction stages. Which three?
- Excavation, foundations, roof
- Ground-floor foundations, structural work of the whole building, finishing works plus the occupancy permit or certificate of conformity
- Each third of the building's floors
- Permit, structural work, key handover
The 60% is split between the three stages as the parties agree, each paid when that stage is finished. The last 20% is due only at the final contract and key handover.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-6 (2016-11) Example figures: a villa in Marrakech is bought off-plan for MAD 2,000,000 under a VEFA contract that follows the legal schedule. How much is still due at the final contract and key handover (in MAD)?
MAD The last 20% is paid when the final sale contract is signed and the keys are handed over. 2,000,000 x 20% = 400,000 MAD.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-6 (2016-11) Ten days after signing a VEFA reservation contract, your client changes her mind. What does the law give her?
- Nothing: the deposit is lost once the contract is signed
- A partial refund, minus a 15% indemnity
- A refund only if the developer finds another buyer
- She can withdraw within one month of signing and the developer must refund the full amount within 7 days
The buyer may withdraw from a reservation contract within one month, and the seller must repay everything within 7 days. A reservation contract also lasts at most 6 months and cannot be renewed: it must lead to a preliminary contract or to a refund.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-3 quater (2016-11) A sales office asks your client for a MAD 50,000 cheque against a simple 'bon de réservation' receipt, with no reservation or preliminary contract. What is the right advice?
- Do not pay: a payment made before a proper reservation or preliminary contract is void under the VEFA law, and a receipt gives almost no protection
- Pay, because a receipt has the same value as a reservation contract
- Pay in cash instead, so the amount is not traceable
- Pay, as long as the amount stays under 10% of the price
Many developers still take reservations backed only by a receipt instead of using VEFA contracts, which leaves buyers exposed on deadlines and specifications. The law treats any payment before the reservation or preliminary contract as null and void, so insist on the formal contract first.
Finances News Hebdo, VEFA: why developers avoid it (2023-03) After the preliminary contract is signed, what must a private developer set up for the buyer?
- A rental guarantee on the finished unit
- A life insurance policy in the buyer's name
- A completion guarantee for the works, or a guarantee refunding the instalments paid
- A mortgage on the developer's head office
Article 618-9 requires either a completion guarantee or a refund guarantee, and the drafter may only release the deposited instalments to the developer once a guarantee covers them. Ask for the guarantee letter itself and check that it names the right project.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-9 (2016-11) A client wants to check that the developer really controls the land of an off-plan project. Which document shows this best?
- The project brochure and the show flat
- The land title (titre foncier) and its record at the conservation foncière, together with the building permit
- The developer's Instagram page
- A letter from the sales manager
A sales office, a model or an advert proves neither land rights nor a permit. Check the titre foncier at the land registry (ANCFCC), the building permit references and the guarantee, which must all appear in the contract.
Bladi.net, MRE: traps to avoid before buying off-plan in Morocco (2026-07) On a titled plot, your VEFA buyer has paid more than 50% of the price. What can he ask the land registrar to record, to protect his rights?
- A full transfer of ownership
- A cancellation of the developer's title
- A rental lien on the building
- A prénotation, based on his preliminary contract
Once advances exceed 50%, the buyer can have a prénotation noted on the land title; any clause saying otherwise is void. It stays until the final contract is registered, which then ranks from the prénotation date, and the registrar cannot issue a duplicate title to the developer meanwhile.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-10 (2016-11) Which conditions must be met before the final VEFA sale contract can be signed?
- Structural work finished and 80% of the price paid
- Occupancy permit or certificate of conformity issued, separate land titles created (for titled land) and the balance paid, with an architect's completion certificate
- Only the payment of the balance
- Delivery of the keys and one year of occupation
A building counts as complete only once the occupancy permit or certificate of conformity is issued. The final contract also needs the separate titles for each unit, the architect's certificate and full payment of the balance.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Arts. 618-15 and 618-16 (2016-11) A developer sees he will miss the VEFA delivery date. What extra time can he get under the law?
- Up to 6 months, if he notifies the buyer at least one month before the original deadline
- Up to 12 months, with no notice needed
- Unlimited time, as long as works continue
- Up to 24 months, with the land registry's approval
The seller can obtain an extra period of up to six months by notifying the buyer at least one month before the agreed date. Past that, the buyer can claim delay indemnities or terminate the contract.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-7 (2016-11) Under the VEFA law, what indemnity can a buyer claim from a developer who is late on the works?
- A flat 5% of the price, paid at delivery
- 2% per month with no cap
- 1% per month of the sum due, capped at 10% a year, starting one month after a formal notice
- Nothing, delay penalties are not allowed in Morocco
The same 1% per month rule, capped at 10% a year, applies to a buyer who pays late. In both cases it runs only one month after the defaulting party receives a formal notice (mise en demeure).
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-12 (2016-11) Example figures: the developer misses the agreed delivery date (extension included) and the buyer, who has paid MAD 480,000, terminates the VEFA contract. What indemnity can he claim on top of the refund (in MAD)?
MAD When the seller misses the agreed delivery date, the buyer may terminate without paying any indemnity and is owed 20% of the amounts paid. 480,000 x 20% = 96,000 MAD.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-14 (2016-11) A VEFA buyer wants to sell his position before the building is finished. What does the law say?
- It is forbidden until the final contract is registered
- It only needs a private letter between the two buyers
- The developer must buy the unit back at the original price
- He can assign his rights to a third party, with the same formalities as the reservation or preliminary contract, and it binds the seller once he is legally notified
Article 618-13 allows the assignment of VEFA rights. The new buyer then takes over all rights and obligations toward the developer, but only after the developer has been notified through a legal channel. Check the tax position, as a gain on the sale may be taxed.
ANCFCC, consolidated text of Law 44-00 as amended by Law 107-12, Art. 618-13 (2016-11) Which buyer qualifies for Morocco's direct housing aid (2024 to 2028 programme)?
- A French investor buying a second flat to rent out
- A Moroccan living in Belgium who owns no home in Morocco, buying a first-sale flat priced MAD 650,000 including tax as his main residence
- A Moroccan who already owns a flat in Fes, buying a second one in Rabat
- A Moroccan buying a resale flat built in 2015 for MAD 400,000
The buyer must be Moroccan (MRE included), own no other home in Morocco and never have had state housing aid. The home must be a first sale with an occupancy permit dated from 1 January 2023, priced up to MAD 700,000 including tax, and kept as main residence for 5 years, or the aid is repaid.
LesMRE, Daam Sakane 2026: eligibility and conditions (2026-06) Example figures: an eligible Moroccan first-time buyer buys a new flat priced MAD 450,000 including tax and receives the state direct housing aid. How much of the price remains for him to fund (in MAD)?
MAD Homes priced from MAD 300,000 up to MAD 700,000 including tax get MAD 70,000 (MAD 100,000 at or below 300,000). 450,000 - 70,000 = 380,000 MAD. By June 2026 over 105,000 households had received the aid, 24% of them MRE.
Maroc.ma, direct housing aid: more than 105,000 beneficiaries (2026-06) - Dubai areas
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