You are an MRE and you want to buy a property in Morocco (new apartment, villa, plot of land, commercial premises) without being able to travel to sign? You need to establish a power of attorney to buy. Like the power of attorney to sell, it must mandatorily be in AUTHENTIC FORM since Law 69-16 of 14 September 2017 — on pain of nullity of the acquisition. Here are the complete steps, the required clauses (notably the CEILING price), the payments to authorise and the verifications to require from the agent before signing.
Costs & fees
| Notarial power of attorney in France (local notary) | 150 to 300 EUR | Secondary source |
| Apostille in France | Free | General Prosecutor, 5-15 days |
| Apostille in Belgium | 20 EUR | e-Apostille 24h |
| Sworn Arabic translation | Official source unavailable | Variable |
| Residential registration fees | 4% of declared value | To check on tax.gov.ma — CGI |
| Estimated notarial fees | 0.5% to 1% of price excl. VAT + 20% VAT | Notarial practice source, not official tariff |
| Land Registry (inscription) | 1% of value + 200 MAD | Official ANCFCC rate — ancfcc.gov.ma |
| Moroccan notary fees (purchase) | Official source unavailable | Decree 2.17.481 — text not located |
| International SWIFT transfer | 15 to 80 EUR | Depending on issuing bank |
Timeline
Carry out preliminary checks on the property and seller
BEFORE drafting the power of attorney, have a Moroccan professional (lawyer, notary) verify: (a) ANCFCC ownership certificate of the seller (less than 3 months old); (b) mortgage status — absence of inscriptions, oppositions, pre-notations; (c) urbanism: building permit, compliance, absence of dispute; (d) status of debts (joint-ownership charges, housing tax, electricity/water); (e) if joint ownership: bylaws, syndic, current charges. For VEFA (off-plan sale) property: verify the developer's accreditation, completion financial guarantee, contract compliance with Law 44-00.
💡 Tip — Include in the power of attorney: 'the agent may not sign except subject to having received from my notary/lawyer the attestation that preliminary checks are positive'. This creates an additional safeguard.
⚠️ Warning — Buying without preliminary checks = major risk. The power of attorney may be perfect, the property may be mortgaged or in dispute.
Draft the purchase power of attorney in authentic form
At your local notary (France, Belgium, Spain, Italy, etc.), draft an authentic deed with these IMPERATIVE clauses: (a) full identity of principal and agent (CNIE, passport, address); (b) precise description of the property (land title or requisition, address, surface area, floor, lot); (c) CEILING price in figures and words with prohibition on buying above; (d) express powers: sign preliminary deed, lift conditions precedent, sign final deed, pay the price by transfer from account X, pay fees (registration, notary, ANCFCC), request inscription of the land title; (e) maximum duration 6 months; (f) prohibition on substitution. If bank financing: add authorisation to sign the loan offer and the conventional mortgage deed.
💡 Tip — Expressly mention the account number from which the funds will leave. This prevents the agent from using another, non-secure account.
⚠️ Warning — Without a price ceiling, the agent can buy at a price higher than your initial intention. Always set a CEILING for purchase (and a floor for sale).
Apostille, translate, dispatch
Same steps as the sale power of attorney: apostille (free in France via General Prosecutor; 20 EUR in Belgium e-Apostille; varies by country elsewhere), classical legalisation for non-Apostille countries (notably Canada), sworn Arabic translation by a translator from a Moroccan Court of Appeal, DHL/Chronopost dispatch to the agent or directly to the receiving Moroccan notary. Keep: certified copy + dispatch slip + tracking number + apostille number.
💡 Tip — If possible, send the power of attorney directly to the Moroccan notary drafting the purchase deed, not to the family agent. This limits the risk of misuse.
Secure the fund transfer to Morocco
Three main routes for transferring funds: (1) International wire from your foreign account to the Moroccan notary's ESCROW ACCOUNT — the notary is depositary until signing of the final deed. The wire goes via SWIFT, 3-5 business days. (2) Convertible-dirham MRE account: if you opened a convertible-dirham account in Morocco before the purchase, funds are mobilisable locally. (3) Moroccan MRE real-estate loan: Attijariwafa Bank, BMCE/Bank of Africa, BCP, CIH offer specific products with foreign-currency contribution and repayment from abroad. The agent must be authorised by the power of attorney to sign the loan offer. NEVER give the family agent direct access to your account — always go through the notary escrow.
💡 Tip — Ask the Moroccan notary for the escrow attestation confirming receipt of funds before signing the final deed.
⚠️ Warning — Transferring funds DIRECTLY to the family agent = risk of total misappropriation. Use exclusively the notary escrow account.
Verify the land-title inscription after signing
Once the deed is signed, the notary files the file with the Land Registry (ANCFCC) for mutation of the land title in your name. Lead time: 1 to 4 months depending on the local registry. REQUIRE from the agent or the notary: (a) ANCFCC filing receipt; (b) updated ownership certificate in YOUR name as soon as available; (c) original of the sale deed. Keep all documents in multiple copies (paper + digital). If a new VEFA property: monitor the actual delivery and lifting of reserves. Revoke the power of attorney as soon as the mutation is inscribed.
💡 Tip — Schedule a trip to Morocco within 6 to 12 months after purchase to physically check the property and finalise administratively.
⚠️ Warning — No inscription = no ownership enforceable against third parties. Mutation of the land title is the definitive step — do not accept that the notary postpones it 'until later'.
In depth
An MRE's real-estate acquisition rests on a chain of deeds: preliminary or promise of sale (with a 5-10% deposit blocked at the notary), lifting of conditions precedent (bank loan, mortgage status, vacating the property), final sale deed, inscription of the land title at the ANCFCC. Each of these acts may be signed by power of attorney, provided it is in authentic form (Law 69-16). Applicable articles: amended article 4 of Law 39-08 (Real Property Code), article 894 DOC (express powers), articles 478 to 489 DOC (sale). For payment: it is CRUCIAL to organise the fund transfer BEFORE signing the final deed. Funds may be: (a) wire-transferred from your foreign account to the Moroccan notary's escrow account, (b) released from a convertible-dirham account you hold in Morocco (MRE regime), (c) financed by a Moroccan real-estate loan for MRE (Attijariwafa Bank, BMCE, BCP, CIH offer specific products). The power of attorney must expressly authorise the agent to make each of these payments and to sign the release of funds. Registration fees: 4% of the declared value for residential (to check on tax.gov.ma — General Tax Code) + notary fees per scale (official source unavailable). ANCFCC inscription: 1% of the value + 200 MAD (official ANCFCC rate). The agent must be authorised to pay all these fees and to file the deed for inscription at the land title.
❌ Common mistakes to avoid
- ✕Private deed power of attorney: VOID for buying real estate (Law 69-16).
- ✕Absence of price ceiling: risk of buying above your budget.
- ✕Failure to verify land title and mortgage status BEFORE: risk of buying a mortgaged or disputed property.
- ✕Giving direct access to your account to the family agent: risk of misappropriation. Always go through notary escrow account.
- ✕Failure to require escrow attestation before signing: no proof funds are available.
- ✕Forgetting ANCFCC inscription: without mutation of the land title, you are not enforceable owner against third parties.
- ✕Power of attorney valid for 1 year: prefer 6 months maximum, renewable if needed.
🔗 Official links and resources
Real Property Code (Law 39-08)
Full text of the Code governing real estate in Morocco
ANCFCC
Land Registry — inscription of acquisition deeds
Direction Générale des Impôts (DGI)
General Tax Code — real-estate registration fees
HCCH — Apostille Convention (Morocco)
Apostille in force for Morocco since 14 August 2016
Law 44-00 on VEFA
Legal framework for off-plan sale
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