A friend in Casablanca wants to start showing apartments to buyers next month. What official permit does Moroccan law require before an agent can practise?
- A broker card issued by the Ministry of Housing after an exam
- A licence from the ANCFCC land registry
- None: there is no licence, professional card or entry exam for agents
- Registration with the Chamber of Notaries
Morocco has no law that regulates the real estate agent profession, so there is no licence, card or exam to pass. This is why a large part of the trade is still run by informal intermediaries (samsars).
Le Brief, Agent immobilier: une profession qui n'existe pas en droit (2025-11) A client asks you about draft law 36.17 on the status of real estate agents. What is its situation as of October 2026?
- Filed in 2014 and sent to the Government's Secretariat General in 2017, but still not adopted
- Adopted in 2023 and in force since January 2025
- Withdrawn in 2017 and replaced by a ministerial order
- Adopted for Casablanca only, as a pilot
The bill was filed in February 2014 and reached the Secretariat General of the Government in 2017. The Housing Minister promised in October 2023 to relaunch it, yet no adoption has been reported since, so agents still work without a legal status.
Bladi.net, Maroc: la loi pour encadrer les agents immobiliers se fait attendre (2025-03) If draft law 36.17 were adopted as written, which entry conditions would it set for someone who wants to work as an agent?
- A university master's degree and a bank guarantee
- Membership of a regional chamber and a two-year internship
- Moroccan nationality and a MAD 1,000,000 company capital
- A clean criminal record plus a Bac+2 diploma or five years of experience
The 37-article draft would require a clean record and either a Bac+2 level diploma or five years of experience in the field. It has not been adopted, so none of these conditions apply today.
Le360, Intermédiation immobilière: la réglementation du secteur se fait toujours attendre (2023-11) A Spanish broker moves to Tangier and sets up her own agency as manager and shareholder. Does she need an ANAPEC certificate to work in it?
- Yes, every foreigner working in Morocco needs one
- No, managers, partners and shareholders are among the exempt categories
- Only if the agency has more than five staff
- Yes, unless she pays the agency's business tax in advance
The ANAPEC certificate, which proves no local candidate was available, does not apply to managers, partners and shareholders of the company. A foreigner can therefore found an agency, while a salaried foreign agent normally needs it.
Upsilon Consulting, Recruter un salarié étranger au Maroc (2026) A Rabat agency hires a Belgian agent as an employee. From when does his employment contract take legal effect?
- From the day both parties sign it
- From his first day in the office
- From the date the Ministry of Employment visas it on the TAECHIR platform
- From the day he receives his residence card
A foreign employee's contract must follow the official model and be visaed by the Ministry of Employment through TAECHIR (Labour Code, Articles 516 to 520). It only takes effect from the visa date, so working before that is a risk for both sides.
Upsilon Consulting, Recruter un salarié étranger au Maroc (2026) Four foreigners apply for salaried agent jobs in Marrakech. Whose contract can be visaed without the usual ANAPEC certificate?
- An Italian agent who arrived two years ago
- A Tunisian national, thanks to a bilateral agreement
- A British agent with three years of experience in Dubai
- An American who entered Morocco on a tourist stamp
Bilateral agreements exempt nationals of Algeria, Tunisia and Senegal from the ANAPEC step. Other exempt cases include spouses of Moroccans, foreigners born in Morocco and those with 10+ years as resident employees. The ANAPEC process itself takes about 60 days, including a 15-day job posting.
Upsilon Consulting, Recruter un salarié étranger au Maroc (2026) Coming from Dubai, you look for the Moroccan equivalent of Form A to list a seller's villa. What should you use?
- The official listing form issued by the Ministry of Housing
- A form registered online with the ANCFCC
- Nothing: a verbal agreement is the legal standard
- A written mandate signed by the seller, since no official form exists
There is no compulsory model, but a signed written mandate is what protects your commission and defines your role. Signed mandates and visit slips are often missing in Morocco, which is a common source of commission disputes.
Le Brief, Agent immobilier: une profession qui n'existe pas en droit (2025-11) Your buyer and seller agree on a price. Who is NOT allowed to draw up the final sale deed?
- A notaire
- The real estate agent
- Two adouls
- A notaire based in another Moroccan city
Since 16 July 2026 (Law 41.25), a property sale must be an authentic deed drawn up by a notaire or by two adouls; lawyers admitted to the Court of Cassation lost that power. The agent brings the parties together but never drafts the deed.
Youssef Tlemçani, Mandatory authentic deed in Morocco: Law 41.25 (Dahir of 3 July 2026, BO 7526) (2026-07) A seller in the old medina shows you a melkia instead of a land title. How does this document prove ownership?
- Through witness testimony recorded by two adouls, with no central register
- Through a plan stamped by the municipality
- Through an entry in the ANCFCC register that is final against everyone
- Through a notarised bank transfer from the first owner
A melkia (or moulkia) is an adoul deed based on witness statements. Because it is not recorded in a central register, it gives far weaker protection than a titre foncier.
Lesmre, Titre foncier vs moulkia au Maroc (2026-05) Which office keeps the titre foncier and records every sale or mortgage on it?
- The commune's urban planning office
- The Office des Changes
- The conservation foncière, part of the ANCFCC
- The court of first instance
The conservation foncière is the local land registry office of the ANCFCC. It records each sale, gift, inheritance and mortgage on the title, which is why a titre foncier is the safest proof of ownership.
Lesmre, Titre foncier vs moulkia au Maroc (2026-05) Your buyer likes a house held under melkia and plans to register it after the sale. How long does that registration usually take?
- About two weeks
- Three to six months
- Exactly five years
- On average 12 to 36 months, depending on region and file
Turning an untitled property into a titre foncier usually takes 12 to 36 months. Warn buyers early, and remember that double sales of melkia property are one of the most frequent frauds.
Lesmre, Titre foncier vs moulkia au Maroc (2026-05) A listing says the plot is covered by a réquisition d'immatriculation. What does that tell you?
- An application to register the land has been filed but the title is not yet issued
- The land is final and titled with no pending procedure
- The land has been seized by a bank
- The land is classified agricultural and closed to foreigners
A réquisition d'immatriculation is the request to register an untitled property. Until the procedure ends and the title is issued, the property is only 'being registered', so check the file with the conservation foncière.
Lesmre, Titre foncier vs moulkia au Maroc (2026-05) Under Morocco's anti-money laundering law 43-05, to which authority does an agent send a suspicious transaction report?
- Bank Al-Maghrib
- The Office des Changes
- The ANRF (Autorité Nationale du Renseignement Financier)
- The local police station
The ANRF replaced the former financial intelligence unit (UTRF) and receives suspicious transaction reports. Real estate agents are subject to Law 43-05, as amended notably by Law 12-18.
Ministry of Economy and Finance, Autorité Nationale du Renseignement Financier (2026) Which duty does Housing Ministry Order 133.23, in force since January 2023, place on real estate agents?
- Paying a yearly AML fee of MAD 5,000
- Reporting every deal above MAD 1,000,000 to the police
- Holding client deposits in a ministry escrow account
- Refusing to deal with unidentified persons or shell companies, and sending an annual report to the ministry
Order 133.23 requires risk-based checks on clients and beneficial owners, internal controls, staff training, reports to the ANRF and an annual report to the Housing Ministry. Dealing with anonymous clients or shell companies is forbidden.
Le360, Lutte contre le blanchiment: les agents immobiliers intègrent le dispositif (2023-01) Example figures: in September 2026 a flat in Rabat sells for MAD 1,200,000. The buyer pays MAD 850,000 by bank transfer and MAD 350,000 in cash, with no bank loan. How much extra registration duty does the cash part trigger?
MAD Since 1 July 2026, sales above MAD 300,000 pay an extra 2% registration duty on any part of the price not paid by a recognised means. 350,000 x 2% = MAD 7,000, on top of the normal 4% duty.
Medias24, Immobilier: dès le 1er juillet 2026, les paiements en espèces fortement pénalisés (2026-06) All four sales below close in October 2026 and include some cash, with no bank loan. Which one is outside the new 2% cash surcharge?
- A MAD 900,000 flat with MAD 100,000 in cash
- A MAD 250,000 studio with MAD 50,000 in cash
- A MAD 2,000,000 villa with MAD 50,000 in cash
- A MAD 400,000 flat with 10% paid in cash
The surcharge from Finance Law 2026 only applies to sales above MAD 300,000, so the studio escapes it. Purchases financed by a bank loan are also exempt.
Medias24, Immobilier: dès le 1er juillet 2026, les paiements en espèces fortement pénalisés (2026-06) Your seller lives in Paris and wants his brother to sign the sale in Marrakech under a power of attorney. What has changed since 1 June 2026 (Law 31.18)?
- The power of attorney must first be registered at the court of first instance, or it is void for the sale
- Powers of attorney are no longer accepted for property sales
- The power of attorney only needs to be stamped by the agent
- Only a power of attorney signed at the Moroccan consulate is valid, with no further step
Under Law 31.18, every power of attorney on real rights must be registered at the court of first instance before it is used. An unregistered one is void for sales and mortgages, and the land registry can refuse the deed, so check this early.
Al3omk, Powers of attorney on real rights must be registered from 1 June (2026-06) Example figures: your buyer purchases a resale apartment in Casablanca for MAD 1,500,000. How much registration duty does he pay at the standard rate for built property?
MAD Registration duty on built property is 4% of the price. 1,500,000 x 4% = MAD 60,000. Bare land is taxed at 5%.
ReaConsult, Guide fiscal immobilier 2026 (2026) Example figures: a single titled flat in Rabat sells for MAD 2,000,000. What land registry (conservation foncière) fee does the buyer pay?
MAD The ANCFCC fee on a sale is 1.5% of the price plus MAD 100 per property, with a MAD 500 minimum. 2,000,000 x 1.5% = 30,000, plus 100 = MAD 30,100.
ANCFCC, Tarifs de la conservation foncière (Decree 2.16.375) (2016-11) Example figures: an investor sells a rented flat (not his main home) in Tangier for MAD 1,900,000. After deducting the purchase price and allowable costs, his net gain is MAD 100,000. How much property gains tax (TPI) does he pay?
MAD TPI is 20% of the net gain but never less than 3% of the sale price. 20% x 100,000 = 20,000, while 3% x 1,900,000 = 57,000, so the minimum applies: MAD 57,000. It must be declared and paid within 30 days.
Upsilon Consulting, Profit foncier sur cession immobilière au Maroc (2026) A French client wants to buy a farm with orchards outside Marrakech to grow olives. What should you tell him?
- Foreigners can buy any land with no conditions
- He can buy it once he holds a residence card
- Agricultural land is generally closed to foreigners, unlike flats and villas
- He only needs a notaire to confirm he paid in foreign currency
Foreigners can freely buy residential and commercial property, but agricultural land is generally closed to them. Outside urban areas, a non-farm project needs an attestation de vocation non agricole.
Bladi.net, Foncier: acquisition par les étrangers au Maroc (2022-04) A German buyer asks if he will be able to send the money back home when he resells his Marrakech riad. What is the key condition?
- He must keep the riad for at least ten years
- He must reinvest half of the proceeds in Morocco
- Transfers abroad are never allowed for foreign owners
- The purchase must have been financed in foreign currency, with proof kept alongside the sale deed and tax receipt
Sale proceeds and the capital gain can be transferred abroad when the investment was funded in foreign currency. Advise buyers to keep the bank proof of the incoming funds, then the sale deed and proof of tax paid.
Office des Changes, Transfert de revenu d'investissement (2026) - Dubai areas
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