Buying a riad in the Marrakech medina: the legal guide (Melkia, land title, Habous)
L'équipe Capital Parc · 28 juin 2026 · 5 min read
Melkia or land title? Habous property to avoid? Everything a buyer — resident, foreigner or Moroccan living abroad — should check before buying a riad in the Marrakech medina, and how to secure the transaction.
Buying a riad in the Marrakech medina is the stuff of dreams — patios, zellige tilework, calm in the heart of the ochre city. But behind the charm, the real challenge is legal: the property's status (titled or not), its origin, and the quality of the checks carried out before signing. Bought well, a riad is a rare, heritage asset; bought badly, it means years of disputes. Here, without the jargon, is what you need to know.
The essentials in 30 seconds
- Favour a riad that is registered (land title): it is the safest status.
- A property held under Melkia (adoular deed) can be excellent, but requires additional checks and, ideally, registration.
- Steer clear of (or very strictly frame) Habous properties: full ownership is not guaranteed.
- The notary (or the adoul) secures the transaction: never sign without a check at the Land Registry.
- A foreigner can buy an urban riad in the medina; the restriction mainly concerns agricultural land.
Land title, Melkia, Habous: understanding the 3 statuses
1. The land title (a "registered" property)
This is the most protective status. The property is recorded at the Land Registry under a unique title number, with a survey plan and a history of owners. What this guarantees you: ownership enforceable against everyone, clear boundaries, and the ability to check for any mortgages or easements before buying.
In the medina, a portion of riads are titled today. This is what we favour at Capital Parc for our buyers' peace of mind.
2. Melkia (adoular deed, a "non-registered" property)
Melkia is a traditional ownership deed drawn up by adouls. Many older medina properties fall under this regime. It is not a flaw in itself — some very beautiful riads are held under Melkia — but ownership rests on a chain of deeds that must be reconstructed and verified (who sold to whom, inheritance, family joint ownership, etc.).
The right instinct: have the property registered (convert it to a land title) or, at the very least, have the chain of ownership validated by a professional before buying. Joint ownership (several heirs as owners) is the most common pitfall: you need the agreement of all the co-owners.
3. Habous (property held in religious mortmain)
A Habous property belongs to a religious foundation and is, in principle, inalienable: you do not obtain full ownership of it, but often a regulated right of use. For a classic heritage purchase, it is best avoided — or to be considered only with sharp legal support.
Summary table
| Status | Security | For whom | What to do before buying |
|---|---|---|---|
| Land title | ★★★ High | Everyone, foreigners/MRE | Check the title at the Land Registry |
| Melkia | ★★ Medium | Buyers with support | Reconstruct the chain of deeds, aim for registration |
| Habous | ★ Low (right of use) | Very specific cases | Specialised legal advice essential |
Can a foreigner or a Moroccan living abroad buy a riad?
Yes. The purchase of an urban property (a riad in the medina is one) is open to foreigners as well as to Moroccans living abroad. The main restriction in Morocco concerns agricultural land, not urban real estate. For Moroccans living abroad, declaring the investment allows, upon resale, the proceeds to be transferred abroad in line with the rules. Have this point clarified in advance.
The role of the notary (and the adoul)
The notary drafts the preliminary agreement, then the deed of sale, checks the property's status, ensures there is no mortgage, holds the funds in escrow and proceeds with registration. For a property held under Melkia, an adoul may step in. In every case: the funds must never go directly to the seller without passing through this secure framework.
How much does it cost to renovate a riad?
Renovation is often the real hidden budget of a riad. Depending on the condition (roof, plumbing, electrics, drainage, zellige, tadelakt), the renovation budget per m² can equal or even exceed the purchase price on the oldest properties, in the region of 3,000 to 15,000 DH/m² (from a refresh to a heavy renovation) — and beyond in the event of structural surprises in the medina (access logistics, rammed-earth walls to consolidate). The right instinct: get the works quoted before signing, not after.
The 7 checks before signing
- Property status: land title preferably; otherwise documented Melkia.
- Chain of ownership and the absence of unresolved joint ownership.
- Mortgages / easements (check at the Land Registry).
- Compliance and actual surface area (old plans are sometimes approximate).
- Technical condition and a costed renovation quote.
- Access (some riad doors open onto narrow derbs: site logistics).
- Notary appointed and funds held in escrow.
FAQ
Is a riad under Melkia a bad purchase? No, not necessarily. Many exceptional riads are held under Melkia. The risk does not come from the status but from a poorly verified chain of ownership. With serious support and, ideally, registration, it is a perfectly safe purchase.
What is the difference between Melkia and a land title? The land title is registered at the Land Registry (ownership enforceable against everyone, the safest). Melkia is a traditional deed of non-registered ownership, which requires checking the history of owners.
Should Habous properties be avoided? For a classic heritage purchase, yes: a Habous property generally does not confer full ownership. To be considered only with specialised legal advice.
Can a foreigner buy in the medina? Yes, urban real estate is open to foreigners and to Moroccans living abroad. Only agricultural land is restricted.
Looking for a safe riad in the medina?
At Capital Parc, we select as a priority riads with a clear status and support you all the way to signing at the notary. Discover our riads for sale in Marrakech, explore our off-market opportunities (prestige riads rarely listed), or describe your project to [Loubna, our AI advisor](/assistant) — she finds matching properties for you in seconds.
This article is for informational purposes and does not constitute legal advice: always have your acquisition validated by a notary.
