The Role of the Notary in a Property Purchase in Morocco

The notary is a central figure in every real estate transaction in Morocco. Discover their essential duties and how they secure your acquisition.

The notary: status and primary duties

In Morocco, the notary is a public officer appointed by the Ministry of Justice. Their involvement is mandatory for many real estate transactions, as they guarantee the legal security of the deed.

Legal status of the notary

Public officer: Vested with a public service mission by the State
Impartiality: Acts as a neutral advisor for all parties
Authentic authority: Confers a definitive date and evidentiary force to the deeds they draft
Professional liability: Held accountable in the event of a breach of their obligations

Difference from adouls

Notary	Adoul
Modern legal system	Traditional legal system
Drafts deeds in French and Arabic	Drafts deeds in Arabic only
Primarily for registered properties	Often for unregistered properties
University degree in law	Training in Islamic law

The legal framework of the notarial profession in Morocco

The notarial profession in Morocco is governed by:

Law No. 32-09 on the organization of the notarial profession
The Dahir of Obligations and Contracts for matters related to real estate transactions
The Code of Real Rights
Legislation on land registration

This strict regulatory framework ensures the quality and reliability of notarial services, which are essential for the legal security of real estate transactions.

The notary's duties in a real estate transaction

The notary is involved at every key stage of a real estate transaction, from the preparatory phase through to post-acquisition formalities.

Before signing

Legal checks: Verification of the property's status and its owner
Mortgage status request: Ensures there are no charges or mortgages on the property
Technical assessment review: Ensures the property complies with regulations
Drafting the compromis de vente (optional): May draft the preliminary sales agreement at the parties' request

During signing

Drafting the authentic deed: Preparation of the final sales contract
Reading and explanations: Complete reading of the deed and explanation of its clauses
Collecting consent: Ensures the free and informed will of the parties
Secure payment: Guarantees the security of financial flows related to the transaction

After signing: formalities and land registration

Tax formalities:

Payment of registration duties
Declaration of real estate capital gains
Payment of the land registration tax
Issuance of tax certificates

Land registration:

Filing the deed at the Land Registry (Conservation Fonciere)
Recording the transfer on the land title
Obtaining the property certificate in the buyer's name
Delivering official documents to the new owner

Good to know: The notary not only ensures the legal security of the transaction but also acts as a tax advisor. They can inform you about different acquisition options and their respective tax implications.

Securing the real estate transaction

The notary implements several mechanisms to guarantee the legal and financial security of your real estate transaction.

Essential legal checks

Title deed verification: The notary verifies the authenticity of the title deed and ensures the seller is the legitimate owner of the property.
Mortgage status verification: They ensure the property is not encumbered by mortgages, liens, or other charges.
Easement and third-party rights review: Identification of easements, rights of way, or other constraints.
Urban planning compliance check: Verification that the property complies with urban planning regulations.
Tax status review: Confirmation that property taxes and other taxes related to the property have been paid.

Financial security

Escrow of funds: The notary holds funds in their account until the transaction is finalized
Source of funds verification: Anti-money laundering checks
Payment method review: Verifies that payments comply with current regulations
Release of funds to the seller: Only after complete verification that there are no legal issues

Guarantees provided by the notarial deed

Evidentiary force: The deed is presumed authentic unless challenged through formal proceedings
Definitive date: The date of the deed is indisputable
Enforceable force: The deed can be enforced without a prior court decision
Long-term preservation: The notary keeps the deed for 75 years

The notary's duty to advise

Beyond drafting deeds, the notary has a duty to advise all parties to the transaction.

Areas of notarial advice

Legal advice:

Explanation of the deed's terms
Clarification of rights and obligations
Information about legal risks
Security options (specific clauses)

Tax advice:

Tax optimization of the acquisition
Information on applicable taxes
Advice on possible exemptions
Future tax implications

Estate planning advice:

Ways to hold the property
Implications for inheritance
Spousal protection
Transfer to children

Important: The notary is obligated to be impartial and must advise all parties to the deed. Do not hesitate to ask them all your questions, even if you are not the one who initially chose them.

When to consult a notary?

Before even searching for a property: To understand your purchasing capacity and the fees to anticipate
During negotiation: To get advice on points to verify and how to structure the deal
Before signing any document: To review and secure your commitments, especially the compromis de vente
After the acquisition: For any questions regarding the management or transfer of your property

Questions to ask your notary

"What are all the acquisition-related costs I should plan for?"
"What checks will you carry out on the property?"
"Are there any easements or special rights attached to the property?"
"What are the most advantageous tax options in my situation?"
"What is the estimated timeline to finalize the acquisition process?"
"Which documents should I keep after the transaction?"
"How can I best protect my family's interests in case of resale or inheritance?"

Notary fees and costs

Notary fees represent a significant portion of acquisition costs. It is important to understand their composition in order to better anticipate them.

Breakdown of notary fees

Type of fee	Approximate percentage	Recipient
Registration duties	4% of the sale price	State (Treasury)
Land registration tax	1% of the sale price	Land Registry
Notary fees	0.5% to 1% (sliding scale)	Notary
Disbursements and miscellaneous	Variable	Various bodies

In total, "notary fees" generally represent between 6% and 8% of the purchase price for an existing property. For a new property, they are reduced (between 2% and 3%) due to lighter taxation.

The notary's own fees

Notary fees are regulated by the Moroccan state and are calculated according to a sliding scale:

Up to 200,000 DH: 1.00%
From 200,001 to 500,000 DH: 0.75%
From 500,001 to 1,000,000 DH: 0.50%
Above 1,000,000 DH: 0.25%

Example: For a property priced at 1,500,000 DH, the fees would be: (200,000 x 1%) + (300,000 x 0.75%) + (500,000 x 0.50%) + (500,000 x 0.25%) = 8,750 DH

How to reduce costs?

Buy new: Registration duties are reduced for certain new properties
Social housing: Tax exemptions for social housing
First-time buyers: Benefits exist for those purchasing their first primary residence
Request a detailed quote: Compare ancillary fees between several notaries