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Buying a property in Casablanca: the checks that head off a dispute
The land title, unpaid service charges and the occupancy permit account for most property disputes. All three can be checked before you sign.
A property purchase in Morocco goes well when the checks were done beforehand. When they were not, the dispute surfaces months later, often after the move in, and it gets settled in court.
Land title or melkia
A registered property has a land title, entered at the land registry, and that title is the proof of ownership. An unregistered property changes hands under a melkia, a deed of common knowledge drawn up by adouls, whose chain of ownership is far harder to establish.
For a titled property, ask for a recent certificate of ownership — less than three months old. It gives the actual owner, the floor area, and above all the entries that encumber the property: mortgages, seizures, objections, easements.
What to read on the certificate
- Does the owner's name match the seller's exactly
- Is there a mortgage still outstanding, and who undertakes to clear it
- Is the property held jointly, in which case every co-owner has to consent
- Is an objection registered against it, which blocks any transfer
Service charges
Arrears of service charges follow the property, not the seller. Ask the building manager for a dated statement of the charges and of the works voted through but not yet called in. Repainting of the façade voted before the sale can be billed to you after it.
The occupancy permit and compliance
A building with no occupancy permit, or a floor area that does not match the plans filed, becomes a problem at resale and sometimes blocks the next buyer's mortgage. Check that what stands matches what was authorised — a glazed-in veranda or an added storey are the most frequent cases.
The preliminary contract
This is the document that binds you, not the final deed. Have real conditions written into it: the mortgage granted, with an amount and a date, release of any existing mortgage, production of the occupancy permit. A preliminary contract with no mortgage condition loses you the deposit if the bank says no.
Who does what
The notary drafts and authenticates the deed, works out and pays over the duties, and files for registration. The lawyer comes in beforehand on the risk analysis and the drafting of the conditions, and afterwards if a dispute arises. One does not stand in for the other.
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