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Buying a house in Morocco: first the land, then the home

A foreigner may not acquire agricultural land in Morocco, and that ban extends to a home standing on agricultural land — even if it was built long ago. Whoever holds Moroccan nationality alongside the Dutch falls outside it. The check at the land registry is therefore no formality but the question whether your purchase is valid.

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Written and checked by Auke on , against the sources at the bottom. Is something no longer right? Report it below and I'll fix it.

Yes and no. As a foreigner you may buy a registered property with urban designation in Morocco, but no agricultural land. That ban also extends to a house standing on a plot with agricultural designation, even if it was built on long ago. Whoever holds Moroccan nationality alongside Dutch falls outside it.

Three things to know in advance:

  • What it costs is the smallest problem. The registration duty is 4% on a built property and 5% on building land, plus notary and registration.
  • The pitfall is the designation of the plot. It is stated in the titre foncier, the plot's entry at the land registry.
  • That check at the land registry is not a formality. It decides whether your purchase is valid. Have it done before you pay a deposit.

In your first year you don't buy. You rent, you get to know the city and the neighbourhoods, and only then do you decide — why that order is fixed. This article is for the moment you've got that far.

May I buy a house in Morocco as a foreigner?

A foreigner may not acquire agricultural land in Morocco. What makes this rule special is how far it reaches. The ban extends to a home standing on a plot with agricultural designation. That holds even if it was built long ago, even if it has stood there as a dwelling for years, and even if the seller assures you it's "just a house".

The designation of the plot, not the presence of a building, decides whether you may buy.

What changes if I am also Moroccan?

Whoever holds Moroccan nationality alongside the Dutch buys under that nationality and is not a foreigner within the meaning of this rule. For them the ban doesn't apply. Two buyers, the same home, different outcome.

Moroccan nationality passes by descent and cannot be given up. If you're not sure whether you have it, have it established before you go looking at homes. It decides which homes are in the picture for you at all.

Which check do I do before paying a deposit?

Every registered plot in Morocco has a titre foncier: an entry in the public register under a unique number, kept by the Conservation Foncière, part of the ANCFCC, the Moroccan land registry.

That entry tells you three things you need all of:

  • whether the plot is registered at all,
  • who the owner is,
  • and what designation it has: urban, agricultural or collective.

Have that check done before you pay a deposit, and not on the basis of what the seller tells you. The difference between urban and agricultural is the difference between a valid purchase and one that isn't.

Also watch out for plots that are not registered. They exist, and buying one is an entirely different legal track from the entry in a titre foncier.

Rather have everything for Morocco on one list?

Then we'll send you the departure checklist for Morocco, with every step in order, and five mails about the pitfalls and the real costs. You can switch it off at any time.

We use your address, and your departure date if you fill it in, only for the checklist, the guide and the mails after it. You can unsubscribe under every mail.

Where is my house taxed?

With property the tax treaty doesn't follow your residence but the bricks: income from immovable property may be taxed in the state where that property is situated. That is in article 6.

For you that means two tracks side by side. A property in Morocco is taxed there, even if your pension goes exclusively to Morocco. And a home you keep in the Netherlands stays taxed in the Netherlands, even if you live in Morocco. The Belastingdienst (the Dutch tax authority) says it literally: immovable property in the Netherlands is always taxed in the Netherlands. As a non-resident taxpayer you declare a rented-out property or holiday home in box 3, the Dutch tax on assets. Bear in mind that you may have to file in both countries.

What does buying a house in Morocco cost on top of the price?

The purchase of a registered property as a rule runs through a notary, who draws up the deed and arranges the entry on the titre foncier. The biggest item is the registration duty (droits d'enregistrement) from the Code Général des Impôts: 4% on the purchase of a built property, whether for housing or for business, and 5% on undeveloped land or land with a building to be demolished. The deed must be registered and paid within 30 days of its date. Add the notary and the entry at the land registry.

Cost item or time limit What applies
Registration duty on a built property (CGI art. 133-F) 4%
Registration duty on building land or a building to be demolished (CGI art. 133-G) 5%
Registration and payment of the deed (CGI art. 128) within 30 days
Check of the titre foncier at the Conservation Foncière before the deposit: registered, owner, designation
Property in Morocco taxed in Morocco (treaty, article 6)
Property you keep in the Netherlands taxed in the Netherlands, in box 3

So the cost side is not the problem with this destination; the designation side is.

What are we not claiming here?

The main rule on agricultural land is widely documented in Moroccan property practice and follows from the distinction the land registry itself makes. The exact article of law we haven't yet laid against the source text, and that's why this rule stands on the cost page as a point of attention and not as a verified rule.

So with a concrete home engage a notary of your own, not the seller's.

In Vertrekklaar this is phase 5 of 5 of the journey, step 5.6: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to Morocco or go straight to step 5.6 in the open plan.

Want to know more about this?

Then we'll send you the departure checklist for Morocco, with every step in order, and five mails about the pitfalls and the real costs. You can switch it off at any time.

We use your address, and your departure date if you fill it in, only for the checklist, the guide and the mails after it. You can unsubscribe under every mail.

What this rests on

The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.

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