Buying off-plan in Marrakech: What the law says, what you pay, and when

Buying off-plan means signing for a home that does not exist yet. That is what worries people, and fairly so: you pay before you see. Moroccan law nonetheless frames this purchase closely, and it does so in your favour.

Here is how it actually unfolds, step by step, with what the developer is entitled to ask of you at each one. If a single thing on this page does not match what you are being offered, ask the question before you sign.

What buying off-plan means

Buying a home before it is built entered Moroccan law with Law 44-00 of 3 October 2002, substantially revised by Law 107-12. It allows a developer to market homes before or during construction.

The point few people know, and it changes everything: from the signature of the preliminary contract, you become the owner of the share of land matching your unit. You then become owner of the building itself as it rises. So you are not buying a promise, you are buying a property under construction that already partly belongs to you.

The reservation contract, capped at 5%

This is the first document. It can be signed even before the building permit has been obtained.

The law is strict about what it allows: the seller cannot ask you for more than 5% of the sale price, and that sum must be placed in a blocked account for the month following signature. That month is your cooling-off period: you may withdraw and recover your money.

The preliminary contract, before a notary

This is the deed that genuinely binds you, and it cannot be signed privately: it is drawn up by a notary or an adoul.

It sets the precise description of the unit, the price, the delivery deadlines and the payment schedule. It is also what triggers your ownership of the share of land. Read it in full, and have every line you do not understand explained to you: that is the notary's job, and it is ours.

The legal schedule: 20, 30, 30, 20

Law 44-00 caps what the developer may collect at each stage of construction. You never pay in advance for work that has not been done.

The warranties you hold

They do not depend on the developer's goodwill, they are owed to you.

Handover and the final deed

The final deed is not signed at just any moment. It comes after the occupancy permit or the certificate of conformity has been issued, and after separate land titles have been established where the property is registered.

You then settle the balance as set in the preliminary contract. This is also the moment of the acceptance visit: the home is checked room by room, and reservations are recorded in writing.

What we check before showing you a development

The legal framework protects the buyer, but it does not replace knowing your developer. Before a development enters our selection, we look at its site, its previous handovers and the soundness of its financing.

We then read your reservation contract with you, we follow the payment calls stage by stage, and we are present at acceptance. An off-plan purchase is judged at handover, not at signature.

Frequently asked questions

Can I buy off-plan from abroad?

Yes. Signature can be done by power of attorney, and visits by video call. Fund transfer arrangements depend on your situation and your bank: we point you to the notary and the bank to validate them before any commitment.

What happens if construction runs late?

The preliminary contract sets a delivery date. The consequences of an overrun depend on what your contract provides, which is why that particular clause must be read before signing.

Can the price change during construction?

The price is fixed in the preliminary contract. Any change requires an amendment, signed in the same form.