Collective (soulaliyate) land in Morocco: what law 62-17 changes for investors

Around Marrakech as elsewhere, a “cheap” plot can carry a status that looks nothing like ordinary private ownership. Collective land, or soulaliyate land, is the trickiest example. Since the reform driven by law 62-17, the State organises its availability to investors through tenders: a real opening, but one that does not turn these plots into plain melk land. Here is what the verified sources say, and what they do not.

Collective land is not melk land

“Collective land is not bought like melk land: it belongs to an ethnic community, its rights-holders have the use of it, and every operation falls under the tutelage of the Ministry of the Interior.” — ReaConsult (translated)

In practice:

• The land belongs to a community (douar, tribe), not to the person offering it to you.
• Rights-holders (ayants droit) have a right of use, not an ownership they can sell freely.
• According to ReaConsult, transfer to a third party “is never free”: it requires authorisation from the tutelage authorities.
• The timing of that procedure “does not depend on the buyer”, and approval can be refused, conditioned or delayed by objections from rights-holders.

What the reform (law 62-17) changed

The implementing decree of law 62-17, reported by Bladi.net in January 2020, organises the management and use of these lands. According to that article, transfer is made by tender on specifications, monitored by an enlarged commission chaired by the governors. The contract must be handed to the winning investor within 15 days. The text also aims to strengthen registration and securing of some 5 million hectares held by soulaliyate communities, with priority for users of land outside irrigated areas.

Authorities have recorded nearly 3,800 communities and more than 8,200 representatives. A legitimate counterpart exists, but it must be checked, not taken on an intermediary’s word.

Official figures: an opening to investors, not a green light for individuals

Answering a written question in 2022, Interior Minister Abdelouafi Laftit stated, as reported by Le Matin:

• 6,690 dossiers to lease collective land, covering 132,048 hectares, were being processed;
• about 55,000 hectares had been offered to investors through tenders under the “1 million hectares” programme;
• 11,293 hectares had been allocated;
• access to these properties is “open to all without exception”, with priority for partnerships with players in agriculture, industry, services, housing and development programmes.

These are national figures: none of the sources we read details the situation around Marrakech. They also do not say whether a foreign buyer can acquire full ownership. For that point, see our article on buying land in Marrakech as a foreigner and have a notary confirm the applicable rule.

The real risk: collective land sold as melk

Bladi.net (August 2025) notes that one of the most serious forms of property fraud consists of selling collective or unclassified land for construction. Buyers end up unable to live in or resell the property and face long litigation. ReaConsult sums up the danger: building on contested collective land amounts to building on someone else’s right.

Common warning signs: a price far below neighbouring melk land, a seller who produces neither a land title nor a certificate of ownership, pressure to pay a deposit quickly, or a deed relying only on a moulkiya or witness statements.

Checklist before committing a single dirham

1. Have the real status checked at the ANCFCC: collective, already melkised or being registered.
2. Identify the rights-holders, the extent of their rights and any internal disputes.
3. Check which tutelage authorisations have been obtained or are still required, and at what stage.
4. Check the planning status: urban perimeter, urbanisable zone or outside.
5. Ask about the progress of any melkisation and about pending objections or litigation.
6. Be assisted by a land lawyer and a notary, not by the seller alone.
7. According to ReaConsult: “Never pay a melk price before the transfer is fully secured.”

This article is informational and does not replace advice from a notary or lawyer. The statutes and decrees were not consulted directly: the legal elements above come from the cited sources.