Best Housing, Construction & Development Lawyers in Tétouan

About Housing, Construction & Development Law in Tétouan, Morocco

Tétouan sits at the heart of the Tanger-Tétouan-Al Hoceima region and combines fast-growing coastal development with a historically protected medina. Housing, construction and development matters here are shaped by national laws, regional planning policies and local urban plans. Investors encounter modern resort projects in Martil and Mdiq-Fnideq, infill and subdivision projects across the urban area, and heritage-sensitive renovations in the old city. Because Morocco’s legal system governs land registration, permitting, construction standards, co-ownership and leasing at multiple levels, successful projects require careful due diligence and compliance at each step.

Most real estate transactions and construction projects involve multiple actors. Common participants include the Agence Urbaine de Tétouan for planning opinions, the Commune de Tétouan for final permits, the land registry and cadastre for titles and boundaries, notaries for conveyancing, licensed surveyors and engineers for plans, and architects and contractors for design and build. Digital platforms have expanded in recent years, so many permits and certificates are now initiated online. Projects near the medina or the coastline often face additional cultural heritage and environmental constraints.

Why You May Need a Lawyer

A housing or construction lawyer in Tétouan can help you prevent problems and resolve disputes efficiently. Typical situations include the following. Buying a home or land, where you need title verification, zoning checks, tax guidance and a clear sale contract. Off-plan purchases under the off-plan sales regime, where you need to review guarantees, payment schedules and delivery timelines. Co-ownership in apartment buildings, where bylaws, general assemblies, charges and repairs must be managed lawfully. Residential and commercial leases, including drafting, rent updates, deposits, eviction rules and renewal rights. Building permits and compliance, including navigating the urban plan, coastal and heritage restrictions, environmental impact assessments and utility connections.

Additional situations include construction contracts and liability, such as negotiating contracts, change orders, delays and defect claims, and activating contractor and architect warranties. Boundary and land registration issues, including demarcation, easements, regularization and conversion of untitled to titled land. Public or private development partnerships, including shareholder agreements, land contributions and public procurement rules where applicable. Expropriation for public utility, where compensation and procedure must be scrutinized. Dispute resolution and enforcement, including mediation, expert appraisal, litigation and collection of judgments. Early legal guidance helps align contracts with local law, protects payments and reduces project risk.

Local Laws Overview

Land and contracts. Property transfers must be recorded with the Agence Nationale de la Conservation Foncière, du Cadastre et de la Cartographie. Registration perfects ownership and encumbrances. The Dahir of Obligations and Contracts governs sale, lease and construction contracts. Boundary and survey matters are handled by licensed surveyors and the cadastre, and easements are registered on title.

Urban planning and permits. Urban planning is primarily governed by Law 12-90 on urban planning and Law 25-90 on subdivisions, groups of housing and land partitions. Local urban plans and sector plans define zoning, land use, setbacks and heights. The Agence Urbaine de Tétouan issues planning opinions and the Commune de Tétouan issues building and occupancy permits. Many procedures run through the national e-permitting platform Rokhas. Construction without permits or in breach of permits is subject to inspection and sanctions under Law 66-12 on illicit constructions, including stoppage orders, fines and possible demolition.

Off-plan sales. Law 44-00 regulates off-plan sales with specific protections for buyers, including requirements for a descriptive statement, phased payments tied to progress, and financial or completion guarantees in defined cases. Contracts and marketing materials should match the permitted plans.

Co-ownership. Law 18-00, as amended, governs condominium ownership, common parts, the syndic, general assemblies, reserve funds and voting rules. The co-ownership bylaw is a key document and should be reviewed before purchase. Developers must register the co-ownership status and deliver as-built documentation for the building and common areas.

Leases. Residential and professional leases are regulated by Law 67-12, which sets rules on deposits, notice periods, rent adjustments, repairs and eviction grounds. Commercial leases are governed by Law 49-16, which provides tenant protection for business goodwill and renewal rights when statutory conditions are met. Written contracts are strongly advisable and often required to evidence terms.

Construction liability and insurance. Architects and contractors have strong post-completion responsibilities. Under the Obligations and Contracts Code, there is long-duration liability for ruin or major defects affecting stability or essential elements, commonly understood as a decennial-type liability. Contractual warranties for finishing and equipment also apply over shorter periods. Insurance requirements vary. Decennial insurance is not universally mandatory in private works but may be required by lenders or contracts, and specific insurance is common in public works.

Heritage and environment. Works in the medina or near protected monuments are subject to Law 22-80 on heritage protection and related decrees, with special design and materials rules and extra approvals. Projects with significant environmental impact must comply with Law 12-03 on environmental impact assessments. Coastal and watercourse setbacks and protections apply in sensitive zones, including under the coastal law and water law.

Expropriation and public interest. Law 7-81 sets the framework for expropriation for public utility, including public inquiry, declaration of public utility, compensation assessment and judicial oversight.

Taxes and fees. Real estate transactions generally trigger registration duties, land registry fees and notary fees. Annual property taxes and building taxes may apply based on occupancy and property characteristics. Social housing schemes may receive incentives when statutory criteria are met. Local tax rules should be checked at the commune and tax office level.

Frequently Asked Questions

How do I verify property title in Tétouan

Ask a notary or lawyer to obtain a recent land certificate from the land registry that shows the owner, parcel references, boundaries and all encumbrances such as mortgages, easements or judicial annotations. For untitled land, additional steps like land registration or verification of chain of deeds are needed. A licensed surveyor can reconcile physical boundaries with the cadastral plan.

What is the usual process to obtain a building permit

You commission an architect to prepare plans consistent with the local urban plan. The file is submitted, often via the Rokhas platform, for review by the Agence Urbaine de Tétouan and other utilities and services. After favorable opinions, the Commune de Tétouan issues the building permit. During construction, site inspections may occur, and an occupancy certificate is required before use. Projects near heritage or coastal zones require additional clearances.

Can foreigners buy property in Tétouan

Yes, foreigners can buy titled urban property. Restrictions apply to agricultural land unless it is reclassified for non-agricultural use through an administrative process. Purchases should be instrumented by a notary, registered at the land registry and checked for zoning compatibility and any special restrictions in protected areas.

What protections exist for off-plan buyers

Off-plan sales are regulated by Law 44-00. Buyers should receive detailed descriptions, progress-based payment schedules and contractual deadlines, and in certain cases a financial or completion guarantee. Ensure the project has a valid building permit, that the sales contract reflects the permitted plans and that payments are made through traceable channels defined in the contract.

What are the penalties for building without a permit or in breach of a permit

Law 66-12 allows authorities to order stoppage of works, impose fines and require demolition or restoration. Non-compliant works can jeopardize utilities, occupancy certificates and future sales. Regularization may be possible in limited cases if zoning and technical rules are satisfied, but it is not guaranteed and often costly.

How do co-ownership rules work in apartment buildings

Under Law 18-00, each owner holds a private lot and a share of common parts. A co-ownership bylaw sets use rules, charges and governance. The general assembly votes budgets and major works, represented by a syndic. Buyers should review the bylaw, minutes and financial statements before purchase, and verify whether reserve funds and insurance are in place.

What are my rights and duties under a residential lease

Law 67-12 requires written terms on rent, deposit, duration and notices. The landlord maintains structural elements, while tenants handle minor upkeep and must use the premises according to the contract. Eviction requires lawful grounds and procedure. For disputes, courts may order expert appraisals and enforce eviction or rent adjustments when justified by law.

How are construction defects handled after completion

Notify the contractor and architect in writing, keep records and seek an expert assessment if needed. Minor defects are usually addressed under contractual finishing warranties. Major defects affecting stability or essential elements can trigger long-duration liability for the builder and architect. Insurance held by project participants and contractual retention sums can support remediation or compensation.

How are boundary or encroachment disputes resolved

Start with a cadastral and topographic review by a licensed surveyor to compare title, boundary markers and ground reality. If needed, a court-appointed expert can conduct a judicial survey. Settlement agreements can be registered on title. If litigation proceeds, the court relies heavily on expert findings and land registry records.

What taxes and fees should I expect when buying property

Expect registration duties, land registry fees, notary fees and sometimes value added tax on new builds. After acquisition, property tax and, where applicable, building tax may apply. Costs vary by property type, value and any incentive regimes. Ask your notary or lawyer for an updated cost estimate before signing.

Additional Resources

Agence Urbaine de Tétouan for planning opinions, zoning information and urban plans. Commune de Tétouan - Service de l’urbanisme for building and occupancy permits. Agence Nationale de la Conservation Foncière, du Cadastre et de la Cartographie for land titles, maps and registrations. Ministry in charge of Territorial Planning, Urban Planning, Housing and City Policy for national housing and planning regulations.

Wilaya de la région Tanger-Tétouan-Al Hoceima and Province de Tétouan for regional oversight and coordination. Regional Investment Center Tanger-Tétouan-Al Hoceima for project facilitation and investor services. Order of Architects - Northern Region Council for licensed architects. Order of Notaries of Morocco for notarial professionals. Bar Association of Tétouan for licensed lawyers. Department of Sustainable Development for environmental assessments. Labour Inspectorate for construction workforce compliance and site safety.

Next Steps

Clarify your objective and constraints. Define whether you plan to buy, lease, build, subdivide, renovate or regularize. Note your timeline, budget, financing and preferred location. Identify whether the site is near the medina, coastline or environmentally sensitive areas.

Run basic due diligence. Request a recent land certificate and cadastral plan. Ask an architect to check zoning and buildability under the local plan. For existing buildings, obtain as-built permits, occupancy certificate and co-ownership documents if applicable. For land, confirm access, utilities and any easements.

Engage the right professionals. Retain a notary for conveyancing, a lawyer for contract review and risk allocation, an architect for design and permitting, and a licensed surveyor for boundaries. For larger projects, consider a project manager and technical control office. Agree on clear scopes, fees and timelines in writing.

Structure your contracts carefully. For purchases, include clear conditions precedent such as title and planning confirmations. For off-plan, tie payments to certified progress and verify guarantees. For construction, use a detailed contract with drawings, technical specifications, timelines, penalties, change order procedures, warranties and dispute resolution mechanisms. Require appropriate insurance.

Follow the permitting pathway. Prepare a complete application file and submit it through the designated channels. Anticipate review by the Agence Urbaine de Tétouan and the commune, and allow time for utility and heritage clearances if relevant. Do not start works before receiving the permit, and secure the occupancy certificate before use or sale.

Plan for compliance and handover. Keep site logs, approvals and inspection reports. On completion, collect as-built plans, equipment warranties and compliance certificates. In co-ownership settings, ensure proper delivery of common areas and registration of the co-ownership.

If a dispute arises, act early. Preserve evidence, notify the other party in writing and seek expert advice. Consider negotiation or mediation, but do not miss legal deadlines. Your lawyer can guide you on expert appointments, injunctive relief and claims before the competent court in Tétouan.

This guide is informational only. For decisions on a specific property or project in Tétouan, consult a qualified local lawyer and notary who can review your documents and represent your interests.