Legal guide
Buying off-plan (VEFA) in Marrakech: the guide to a secure new-build purchase
VEFA — sale in the future state of completion — lets you buy a new-build home in Marrakech before or during construction, with precise protections written into Moroccan law. This guide sets out the legal framework, the buyer's guarantees and the steps of a secure purchase, citing the law article by article. It is written in particular for Moroccans living abroad (MRE) and investors who buy remotely and want to know exactly what protects them.
What is VEFA?
Off-plan sale is the contract by which a developer sells a property to be built or under construction, the buyer progressively funding it as the works advance. It is defined in article 618-1 of the Dahir of Obligations and Contracts (DOC).
It is the standard mechanism for buying new-build in Morocco: it frames the payments, protects the buyer against non-completion and sets the exact moment ownership transfers.
The Moroccan legal framework: law 44-00, completed by law 107-12
Off-plan purchase in Morocco is governed by law 44-00 (Dahir no. 1-02-309 of 3 October 2002), amended and completed by law 107-12, which introduced articles 618-1 and following of the DOC. This body of law — and no other — applies to any off-plan purchase.
These texts make a written formalism, financial guarantees and the filing of the programme's technical documents mandatory, so that a buyer cannot be committed to a vague or unsecured project.
The buyer's guarantees
The central protection is the completion or reimbursement guarantee (article 618-9): the developer must provide a bank guarantee or insurance ensuring either completion of the building or reimbursement of the sums paid if the programme fails. No payment should be made before it is in place.
The programme's specification and its “ne varietur” plans are filed (article 618-4), fixing what is sold and barring unilateral changes. Beyond 50% of the price paid, the buyer may request a pre-notation at the land registry (article 618-10) on registered properties — an entry that protects their right on the title, essential when buying from afar.
The payment schedule is regulated
Payments are capped according to the actual progress of the works (article 618-6), and the law limits the balance due on delivery to 20% of the price. You therefore never pay the full amount upfront: each call for funds matches a verified construction stage.
The purchase usually starts with a reservation contract, whose deposit is capped and paid into a blocked account, with a withdrawal period. The exact rate of this deposit should be checked against the text in force before signing.
When do you become the owner? The Moroccan specificity
A point foreign guides often miss: in Morocco, ownership only transfers upon registration of the final deed at the land registry — not progressively as payments are made, as in French VEFA. Until the final deed is registered you are a funder and a beneficiary of guarantees, but not yet the owner in the sense of the title.
Hence the importance of the pre-notation during the programme, then of signing the authentic deed of sale and registering it at the land registry to close the operation.
Buying off-plan as an MRE or foreigner
A Moroccan living abroad or a foreign investor can buy an urban property off-plan with no nationality restriction — the classic limit concerns agricultural land only. In practice you need a tax identifier, a Moroccan bank account for the payments, and a notary who secures the deed; remote purchase is possible through a notarised power of attorney.
Currency and fund-repatriation rules (notably on resale) fall under the Office des Changes regulation: they must be confirmed with your notary and bank before any commitment, as they govern how capital can leave the country.
Pitfalls to avoid
Require the completion or reimbursement guarantee (618-9) before paying anything, and refuse any payment outside the regulated schedule or exceeding actual progress. Delivery delays are frequently reported on the market: have the contract state the deadlines, penalties and termination conditions.
Never sign an off-plan purchase by a simple unsecured private agreement: the law requires a notarised deed (or one drawn up by an approved lawyer with signature legalisation). It is this formality that makes your right enforceable.
How to buy off-plan (VEFA) in Marrakech safely
Step by step
- 1
Check the developer and the programme
Verify the programme's permits and the existence of the filed specification and plans (article 618-4). A serious programme is documented and transparent about its progress.
- 2
Require the completion or reimbursement guarantee
Before any payment, obtain proof of the bank guarantee or insurance under article 618-9. It is what protects you if the site stops.
- 3
Sign the reservation contract at the notary
The reservation deposit is capped, paid into a blocked account, with a withdrawal period. Have it framed by a notary.
- 4
Sign the VEFA contract in notarised form
The final contract is a notarised deed (or drawn up by an approved lawyer with legalisation). It incorporates the specification and the legal schedule.
- 5
Follow the regulated schedule and request the pre-notation
Pay in step with progress, the balance on delivery remaining capped at 20% (article 618-6). Beyond 50% paid, request the land pre-notation (article 618-10).
- 6
Take delivery and register the final deed
On delivery, signing the final deed and registering it at the land registry transfers ownership. You are then the owner in the sense of the title.
Frequently asked questions about VEFA in Marrakech
- What is the completion guarantee and why is it essential?
- It is a bank guarantee or insurance, under article 618-9, ensuring either completion of the building or reimbursement of the sums paid if the programme fails. It must be in place before any payment: it is your first protection.
- What happens if the developer goes bankrupt or fails to complete?
- The completion or reimbursement guarantee (618-9) applies precisely in this case: it allows the building to be finished or the paid funds to be recovered. This is why you should never pay without it existing.
- Can an MRE buy off-plan remotely?
- Yes. The purchase is possible through a notarised power of attorney, with a tax identifier and a Moroccan bank account for the payments. A notary secures the deed. Currency and repatriation terms should be confirmed with your notary and bank.
- When do you legally become the owner?
- In Morocco, ownership only transfers upon registration of the final deed at the land registry — not progressively as payments are made. Before that you are a funder and a beneficiary of the guarantees, but not yet the title holder.
- What payments can be requested before delivery?
- Only payments matching the actual progress of the works (article 618-6), the balance on delivery being capped at 20% of the price. You never pay the full amount upfront.
- Is a notary mandatory?
- Yes. The law requires a notarised deed, or a deed drawn up by an approved lawyer with signature legalisation. It is this formality that makes your right enforceable and secures the operation.