Subdivision authorisation
- A subdivision is any division, by sale, lease or partition, of a landholding into two or more plots intended for construction (Art. 2).
- Authorisation is granted by the president of the municipal council on the basis of a file including plans, specifications and a programme of infrastructure works (Art. 3 et seq.).
- The developer carries out, at their own expense, the roads, sewerage, water, electricity and street lighting.
Acceptance of works and sale of plots
- Provisional acceptance records the completion of the infrastructure works; final acceptance takes place one year later.
- No plot may be sold or leased before provisional acceptance, on pain of nullity and penalties (Art. 33).
- Divisions of land located in an area open to development require authorisation, even where no construction is planned immediately.
Key articles
Art. 2
« A subdivision is any division, by sale, lease or partition, of a landholding into two or more plots intended for the construction of buildings for residential, industrial, tourist, commercial or craft use. »
Art. 33
« No sale, lease or partition of plots may be carried out before the provisional acceptance of the subdivision's infrastructure works. »
A lawyer's points to watch
- Ask for the provisional acceptance report before buying a plot; an earlier sale is null and void and will not be registered at the land registry.
- The subdivision specifications are binding on buyers: height, setbacks and permitted use of buildings.
- An unauthorised land division prevents the splitting of the land title and the grant of a building permit.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.