You are an MRE and you want to sell a property in Morocco (apartment, villa, plot of land, commercial premises) without travelling? You need to establish a power of attorney to sell. Since Law 69-16 came into force on 14 September 2017, this power of attorney must mandatorily be in AUTHENTIC FORM — on pain of absolute nullity of the sale. A mere private deed power of attorney legalised at the consulate will be REFUSED by the National Land Registry Agency (ANCFCC). Here is the 100%-compliant procedure and the mandatory clauses to avoid property fraud.
Costs & fees
| Notarial power of attorney in France (local notary) | 150 to 300 EUR | Secondary source — varies by notary |
| Apostille in France (General Prosecutor) | Free | Lead time 5 to 15 days |
| Apostille in Belgium | 20 EUR | e-Apostille 24h, source diplomatie.belgium.be |
| Sworn Arabic translation | Official source unavailable | Varies by translator |
| Revocation deed + bailiff notification | Official source unavailable | Bailiff fees in Morocco not published in a public schedule |
| ANCFCC ownership certificate | 75 MAD | Source ancfcc.gov.ma — current service tariffs |
| DHL/Chronopost dispatch to Morocco | 30 to 80 EUR | Depending on zone and urgency |
Timeline
Verify the property's legal status BEFORE drafting the power of attorney
Ask your agent or a Moroccan notary: (a) a recent ownership certificate issued by the ANCFCC (less than 3 months old), confirming you are the registered owner; (b) a mortgage status report to verify the absence of mortgages, oppositions or pre-notations; (c) a copy of the land title or registration requisition. For melk property (non-registered), the original adoular deed is required. All this information must appear verbatim in the power of attorney.
💡 Tip — If you are not sure of the property's status (land title or melk), ask a Moroccan notary to confirm in writing. The power of attorney must reflect the legal status exactly.
⚠️ Warning — A power of attorney mentioning a non-existent or erroneous land title will be refused by the ANCFCC, even if it is authentic.
Draft the power of attorney at a local notary in AUTHENTIC FORM
Make an appointment with a notary in your country of residence (French, Belgian, Spanish, Italian, German, British, American notary, etc.). Bring: your Moroccan CNIE + valid passport, full identity of the agent (Moroccan CNIE, address), ownership certificate, mortgage status report, land title or requisition. The notary will draw up an authentic deed including all necessary express powers. REQUIRE these clauses: floor price in figures AND in words with prohibition on selling below it, maximum validity of 6 months, non-substitution clause, prohibition on sale to family members of the agent (anti-conflict of interest), obligation for the agent to remit the price to a designated nominative account.
💡 Tip — Include a clause requiring the agent to send you the preliminary deed BEFORE signing for written validation. This gives you a final check.
⚠️ Warning — NEVER sign a power of attorney without a numerical floor price. It is the fraudster's main weapon: selling for 200,000 MAD a property worth 2 million.
Apostille (or legalise) then translate into Arabic
APOSTILLE COUNTRIES: obtain the apostille from the competent authority. France = General Prosecutor's Office of the Court of Appeal (free, 5 to 15 days). Belgium = FPS Foreign Affairs, e-Apostille in 24h for 20 EUR. Spain = Ministerio de Justicia. Italy = Procura della Repubblica. NON-APOSTILLE COUNTRIES (Canada): classical legalisation chain (notary → foreign affairs ministry → Moroccan consulate). Then have the COMPLETE deed (apostille included) translated by a sworn translator registered with a Moroccan Court of Appeal. This translation is required by the ANCFCC for inscription.
💡 Tip — Ask the receiving Moroccan notary to recommend a sworn translator they have previously accepted — saves time and adds security.
⚠️ Warning — Translating BEFORE the apostille is a frequent error: the apostille must itself be translated, so the apostille must exist before translation.
Send the original to the agent and secure the process
Send the signed, apostilled and translated original by tracked courier (DHL Express, Chronopost International, registered international Colissimo). Keep: certified copy, dispatch slip with tracking number, apostille registration number. Require from the agent: (a) copy of the preliminary deed before signing; (b) copy of the sale deed after signing; (c) proof of price collection on the account you designated; (d) copy of the updated ownership certificate in the buyer's name. For the TPI (real-estate profit tax, 20% of the profit or definitive rate per LF2025), the drafting notary can declare and pay it on your behalf based on the power of attorney.
💡 Tip — Ideally, delegate the power of attorney to your Moroccan notary, not to a family member. The notary is professionally bound by civil liability — a relative is not.
⚠️ Warning — NEVER give the power of attorney to the future buyer or a family member of the buyer. Manifest conflict of interest, automatic vice of consent.
Revoke immediately after the sale
As soon as the sale is final and the price collected, revoke the power of attorney. Steps: (1) Revocation deed by your local notary, apostilled, translated into Arabic. (2) Bailiff notification to the agent (order to return the original) and to the recipient Moroccan notary (prohibition on later use). (3) Notification to the ANCFCC for update of the National Mandate Register. An unrevoked power of attorney can be used months or years later to sign other deeds — the principal's death automatically extinguishes the power of attorney (art. 938 DOC) but undetected prior fraud is difficult to undo.
💡 Tip — If your power of attorney expressly provided for expiry on the day of signing the sale deed, formal revocation is less urgent — but is still recommended to close any breach.
⚠️ Warning — Property frauds have been observed years after an initial sale via an unrevoked power of attorney. Do not underestimate this step.
In depth
Law no. 69-16 amended article 4 of Law 39-08 forming the Real Property Code. Adopted unanimously by the House of Representatives on 1 August 2017, in force on 14 September 2017, it requires that ANY power of attorney concerning the transfer, modification or extinguishment of a real-property right be drawn up in authentic form by: (1) a modern notary (Law 32-09), (2) two adouls homologated by the notary judge (Law 16-03), or (3) a lawyer accredited before the Court of Cassation. This reform responds to the wave of MRE property fraud based on falsified private-deed powers of attorney (sources: Telquel, Agence Ecofin, FNPI). For a power of attorney signed abroad: the gold-standard route is the local notarial deed + apostille (Hague Convention, in force for Morocco since 14 August 2016) — directly admissible in Morocco without consular legalisation. For non-Apostille countries (notably Canada), classical legalisation is mandatory (local notary → foreign affairs ministry → Moroccan consulate). Article 894 DOC requires EXPRESS powers to sell — a general power of attorney NEVER suffices. The agent must be expressly authorised to: sell, negotiate the price within set limits, sign the preliminary deed, sign the final deed, collect the price, give receipt, release blocked funds, pay the TPI (real-estate profit tax) and the registration fees. A National Electronic Register of real-estate mandates has been announced by the Justice Ministry (Médias24, 18 October 2024) to enable verification of the authenticity of powers of attorney by notaries and the ANCFCC.
❌ Common mistakes to avoid
- ✕Establishing a private deed power of attorney legalised at the consulate: VOID since 14 September 2017 (Law 69-16). The ANCFCC refuses inscription.
- ✕General power of attorney without express powers to sell: INEFFECTIVE under article 894 DOC.
- ✕Absence of a numerical floor price: opens the door to derisory-price sales — main weapon of fraudsters.
- ✕Granting the power of attorney to a relative of the future buyer: conflict of interest, risk of nullity for vice of consent.
- ✕Forgetting Arabic translation of the apostille: ANCFCC refuses inscription if the apostille is not translated.
- ✕Failure to revoke after the sale: risk of reuse to sign other deeds months/years later.
- ✕Power of attorney valid for 1 year with broad powers: too long an exposure to risk. Prefer 3 to 6 months maximum.
🔗 Official links and resources
Law 69-16 (official commentary)
Telquel article on the entry into force of Law 69-16 on 14 September 2017
Real Property Code (Law 39-08, FAO Lex)
Full text of the Moroccan Real Property Code
ANCFCC
National Land Registry Agency — inscription of real-estate deeds
HCCH — Apostille Convention (Morocco)
Morocco's accession in force on 14 August 2016
Médias24 — National Mandate Register
Announcement of the electronic register of real-estate powers of attorney
FNPI — anti-fraud
National Federation of Property Developers — risk analysis
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