Best Real Estate Due Diligence Lawyers in Tétouan

About Real Estate Due Diligence Law in Tétouan, Morocco

Real estate due diligence in Tétouan is the process of verifying the legal, technical, tax, and planning status of a property before you commit to buy, sell, finance, or develop it. Morocco uses a land title system administered by the Agence Nationale de la Conservation Fonciere, du Cadastre et de la Cartographie, commonly called the Conservation Fonciere. A titled property has a unique land title number, a cadastral plan, and a public record of ownership and encumbrances. Due diligence confirms that the seller truly owns the property, that there are no undisclosed mortgages or claims, that the building and land comply with urban planning and heritage rules, and that taxes and co-ownership charges are up to date.

Tétouan has local specificities that merit attention. Parts of the city fall within coastal regulation zones and hillside areas where construction rules can be strict. The Medina of Tétouan is a UNESCO World Heritage site, which means heritage restrictions can apply to alterations and new works. Off-plan developments on the coast and around Martil and Cabo Negro require careful review of developer guarantees and permits. A structured due diligence will protect your investment and reduce the risk of delays or disputes.

Why You May Need a Lawyer

A real estate lawyer in Tétouan helps you identify and manage legal risks that are not obvious from a visit to the property. You may need a lawyer if you are buying a titled apartment or villa and want a thorough review of the land title, the mortgage registry, and the co-ownership rules. You may need one if you plan to buy land for construction and must verify zoning, setbacks, and building permit feasibility. You may also need assistance if the property forms part of an inheritance, if there are co-owners who must consent, or if the seller’s documents show inconsistencies.

Foreign buyers benefit from legal guidance to comply with currency regulations and to structure payments in a way that preserves their right to repatriate funds later. If you are buying off-plan, the lawyer will verify the developer’s compliance with Moroccan off-plan law, including escrow protection and completion guarantees. If you are considering rural property, a lawyer can advise on restrictions applicable to agricultural land and the process for conversion to non-agricultural use. A lawyer coordinates with the notary, the surveyor, the urban agency, and the Conservation Fonciere so that each legal and technical checkpoint is cleared before you pay.

Local Laws Overview

Land registration and real rights are governed primarily by the Land Registration Law and the Code of Real Rights, known as Law 39-08. A titled property has a definitive record of ownership and encumbrances. The Conservation Fonciere issues extracts that show the current owner, surface area, mortgages, court attachments, easements, and any provisional registrations. Most transfers are formalized by a notary under Law 32-09 on the notarial profession, and the deed is then registered at the Conservation Fonciere to transfer title.

Urban planning is governed by Law 12-90 on urbanism and Law 25-90 on subdivisions and parceling. Before buying land for construction, you should request an urban planning certificate from the Agence Urbaine de Tétouan and confirm the existence or feasibility of a building permit, density limits, height rules, setbacks, parking obligations, and any special zone rules. In coastal areas around Tétouan, the Coastal Law 81-12 protects the public maritime domain and imposes setbacks and use restrictions. In heritage zones, additional approvals can be required to modify buildings.

For co-ownership, Law 18-00 as amended sets the framework for shared ownership of buildings. The building’s rules of co-ownership regulate common areas, private use restrictions, charges, and voting. When you buy an apartment, make sure you review the co-ownership regulations and statements of unpaid charges.

Off-plan sales are governed by Law 44-00 on sales in future state of completion. It requires a clear description of the unit, a staged payment schedule secured by a notarized contract, and financial guarantees such as a completion guarantee or protected escrow. Due diligence focuses on the developer’s title to the land, construction permits, and the status of works.

Taxes and fees typically include registration duty payable by the buyer, conservation and registration fees, notary fees, and value added tax on professional fees. As a general indication, many urban property purchases are subject to a registration duty around four percent of the price and a conservation fee around one percent, with notary fees charged on a sliding scale plus VAT. Rates can vary by property type and legal structure, so obtain a written fee and tax estimate before signing.

Foreign buyers should comply with the rules of the Office des Changes. Pay the purchase price through the banking system in convertible dirhams or foreign currency and keep the bank attestation. This documentation preserves your right to repatriate funds upon resale.

Frequently Asked Questions

What is the difference between titled and untitled property in Tétouan?

A titled property has a land title number and is recorded at the Conservation Fonciere, which gives legal certainty regarding ownership, boundaries, and encumbrances. An untitled property relies on private deeds and can carry higher risk and additional steps to title it. Most buyers should prefer titled property because due diligence is clearer and registration of your ownership is faster.

How do I check whether a property has mortgages or liens?

Your lawyer or notary will request an up to date land title extract and a mortgage status extract from the Conservation Fonciere. These documents list registered mortgages, court attachments, easements, and provisional registrations. If a mortgage exists, the seller must provide a release, called a mainlevee, at closing, and your notary will ensure it is registered.

Can foreigners buy property in Tétouan?

Foreigners can generally buy urban property in Morocco, including in Tétouan. Buying agricultural land is restricted, and conversion to non-agricultural use requires authorization. Foreign buyers should route payments through a Moroccan bank in convertible dirhams or foreign currency and keep the bank attestation to protect repatriation rights.

What documents should I review before paying a deposit?

Essential items include the land title and plan, the mortgage and encumbrance extract, the seller’s identification and authority to sell, the purchase deed chain if needed, the urban planning certificate, building permits and occupancy certificate for constructed properties, the co-ownership rules and latest charges statement for apartments, and recent property tax receipts. For off-plan, add the construction permit, the developer’s title to the land, and the completion guarantee or escrow terms.

How do I confirm that a building is compliant with planning rules?

Request the building permit, any amendments, and the occupancy certificate issued after works. Compare the approved plans to what is built. Your lawyer can coordinate with a licensed architect or engineer to confirm compliance. The Agence Urbaine de Tétouan can issue an urban planning certificate that states the planning status for the plot.

What special risks exist in coastal or heritage areas around Tétouan?

Coastal zones can be affected by the public maritime domain, setback requirements, and erosion risk. Heritage areas, including the Medina of Tétouan, can require special approvals for renovations and may restrict alterations to facades and structure. Due diligence should include confirmation that the property is outside protected public domain, that required permits exist, and that heritage constraints are understood before you plan any changes.

How long does due diligence and registration usually take?

The document review phase can take one to three weeks depending on document availability and the complexity of the property. Notarial signing and registration can take another two to four weeks for a standard titled property. Off-plan or complex cases can take longer. Your timeline will be faster if you collect all seller documents early and obtain searches and certificates in parallel.

What costs should a buyer expect beyond the purchase price?

Typical buyer costs include registration duty, conservation and registration fees, notary fees plus VAT, and legal fees if you retain a lawyer. You may also incur surveyor or engineer fees, translation costs, and bank charges. Ask your notary and lawyer for a written estimate before signing any binding agreement.

What should I know about buying off-plan in Tétouan?

Verify that the developer owns the land, that the construction permit is valid, and that your payments will be protected through an escrow or a completion guarantee as required by law. The notarial contract should clearly state delivery conditions, penalties for delay, and specifications. Inspect the unit upon delivery and obtain the handover report and the occupancy certificate.

Can I use a power of attorney to complete a purchase if I am abroad?

Yes. You can grant a notarized power of attorney to a trusted representative or to your lawyer. If signed abroad, it must be legalized and, if required, translated and apostilled or legalized through the relevant consular channel so it can be accepted by the Moroccan notary and authorities.

Additional Resources

Agence Nationale de la Conservation Fonciere, du Cadastre et de la Cartographie, Conservation Fonciere de Tétouan. This is the property registry and cadastre office that issues land title extracts, mortgage status, and cadastral plans.

Agence Urbaine de Tétouan. This is the urban planning authority that issues urban planning certificates, reviews building permits, and provides planning information for plots and projects.

Commune de Tétouan, urbanism department. This is the municipal authority that delivers building permits, occupancy certificates, and local planning compliance information.

Regional Chamber of Notaries for Tanger-Tétouan-Al Hoceima. This body can help you identify a notary who practices in the Tétouan area.

Bar of Tétouan. This is the local bar association for lawyers who can assist with real estate due diligence, contracts, and disputes.

Office des Changes. This authority issues currency control rules that foreign buyers must follow to secure repatriation of funds.

Direction Generale des Impots. This tax authority provides information on registration duties, conservation fees, and property related taxes.

Next Steps

Define your objectives and budget. Decide if you are buying to live, to rent, or to develop. This will drive the scope of due diligence, including planning and co-ownership reviews.

Select your professional team early. Engage a real estate lawyer familiar with Tétouan, identify a notary, and, if needed, retain a surveyor or architect. Ask for a written fee agreement and a due diligence checklist.

Collect and verify documents. Obtain the land title extract and mortgage status from the Conservation Fonciere, the cadastral plan, seller identification and authority, planning and building documents, co-ownership rules and charge statements, and tax receipts. For off-plan, obtain the construction permit and developer guarantees.

Secure financial compliance. If you are a foreign buyer, coordinate with your bank to pay in convertible dirhams or foreign currency and obtain the bank attestation from the outset. Avoid cash payments. Use notarial escrow when possible.

Use conditions precedent. If you sign a preliminary agreement or pay a deposit, make the payment contingent on clear title, clean searches, and receipt of all permits and certificates. Set clear timelines and remedies for non-compliance.

Execute the notarized deed and register. The notary will calculate taxes and fees, collect funds, obtain any mortgage releases, and file the deed at the Conservation Fonciere. Keep all originals and certified copies for your records.

Plan post-closing tasks. Update utility accounts, provide the notary with any missing documents for registration follow-up, and retain proof of payment and bank attestations. If you intend to renovate, obtain the necessary permits before commencing work, especially in coastal or heritage areas.

If you need assistance now, prepare a summary of the property, available documents, and your timeline, then contact a Tétouan based real estate lawyer or notary to schedule an initial consultation and obtain a written roadmap for your transaction.