Buying a plot in a subdivision in Marrakech: Law 34.21 and provisional acceptance of works

Around Marrakech, a large share of building land is sold as “plots” from subdivisions (lotissements) or land divisions (morcellements). That is also where disputes are most frequent: unfinished services, sales before authorisation, plots that cannot be registered. Law 34.21, published this summer, tightens control. Here is what public sources say, and what to demand before signing.

What Law 34.21 changes

Law 34.21 amends Law 25.90 of 1992 on subdivisions, housing groups and land divisions. It was promulgated by dahir no. 1.26.61 of 28 July 2026 and published in the Official Bulletin no. 7533 of 10 August 2026 (Bladi, Reaconsult). It does not repeal Law 25.90; it supplements it. Some provisions will apply only once implementing regulations are issued, expected within a year according to Reaconsult.

According to Bladi, the law replaces the word “sale” with “transfer” (cession), so as to cover all transfers of ownership, as well as leases and partitions.

For a buyer, three points matter:

• Transfers can in principle take place only after the municipality’s provisional acceptance of the infrastructure works (art. 33).
• The owner must attach to the deed a copy of the provisional acceptance report (art. 36), or a certificate from the president of the municipal council stating that the operation falls outside the law, issued after approval by a commission (urban agency, municipality, prefecture or province).
• Without one of these documents, drawing up, receiving or registering the deed is prohibited (art. 35). Signing is therefore not enough: registration at the Land Conservation office can be refused.

Subdivision or land division: why the distinction matters

Reaconsult describes two regimes. A subdivision requires the developer to build roads, water, electricity and sanitation and have them accepted before selling: it is the heaviest regime. A land division is a split outside the subdivision regime, which in principle requires prior municipal authorisation checking compatibility with the development plan. The same source stresses that the boundary between the regimes depends on the texts and the land concerned, and recommends checking it with the municipality and a notary. We found no reliable numerical threshold (number of lots or area): do not rely on a rule of thumb from a seller.

In practice, a plot “from a land division” sold on a simple promise, with no individual title or authorisation, should raise alarms. Reaconsult notes that without the surveyor (IGT) and the cadastre, no individual title is created and the sale stalls at the notary.

After provisional acceptance: what the law specifies

According to Reaconsult, Law 34.21 cuts the provisional acceptance period from 45 to 30 days and provides that acceptance transfers roads and networks to the municipal public domain, without waiting for final acceptance. The deadline to complete works, previously 3 years, becomes a scale of 3, 5, 7, 10 or 15 years depending on the subdivision’s area.

Two practical consequences. First, after acceptance the land title should reflect the roads being incorporated in the municipality’s name: have the plot’s exact extent checked. Second, a subdivision that takes long to complete means a neighbourhood that stays a building site for years: ask for the schedule and the authorisation date.

A useful nuance: Bladi stresses that the possibility of issuing certain permits before all services are complete concerns only public operations (rehousing after disasters, tackling unsanitary housing, public-utility projects). It does not apply to a private subdivision: for a private plot, demand proof that the services are in place.

Reservations, deposits and penalties: the limits of what is known

Reaconsult indicates that operations carried out in breach remain subject to absolute nullity and that each operation is a separate offence. The detail of the final penalties does not appear in the extracts we could consult.

On reservation contracts (an advance paid before authorisation or acceptance), a Bladi article of November 2024 described the reform bill: fines of 100,000 to 1 million DH under the law then in force, with a bill providing for 1 to 5 years in prison. The same article quotes a notary for whom advances of 10 to 15% paid by buyers remain common. That is a 2024 bill: we could not confirm these figures appear as such in the final text. The takeaway is caution: paying a deposit on a plot not yet authorised or accepted exposes you to precisely the risk the law is trying to eliminate.

The Marrakech outskirts

The risk is not theoretical. In April 2022, Le360 (citing Al Ahdath Al Maghribia) reported that the region’s wali had ordered the demolition of unlawful buildings in Tassoultante, notably in the green belt, on State agricultural land that had been divided and then built on. The episode is old and says nothing about the current state of any given plot, but it illustrates the risk: a cheap plot badly located under the development plan may never be regularisable. The municipality’s urban planning note (NRU) remains the first document to request (see our article on buildable land and the NRU).

Checklist before buying a plot

• Ask for the subdivision or land-division authorisation, and its date.
• Demand the provisional acceptance report of the works, or the municipal “outside scope” certificate.
• Obtain the NRU and check the plot’s zoning and building rules.
• Check on the land title (recent ownership certificate) the owner, encumbrances and extent.
• Pay no deposit without conditions precedent; see sale agreements and conditions precedent.
• Use a notary and have the file reviewed before signing.
• If in doubt about the applicable regime (subdivision or land division), ask the municipality in writing.

Not all implementing texts of Law 34.21 are published: have current requirements confirmed by your notary or the Land Conservation office. This article is informational and is not legal advice.