Occupancy Permit and Compliance Certificate in Marrakech: What to Check Before You Buy

Land title, ownership certificate, authentic deed: buyers check who owns the property, but many forget to check that the building itself is lawful. That is the job of the occupancy permit (permis d’habiter) or the compliance certificate. In Marrakech, between recent apartments, Palmeraie villas and medina riads, the issue looks very different depending on the property.

What these documents actually certify

According to Archiplan, the occupancy permit is an administrative document issued after a residential building is completed: it confirms that the works match the approved authorisations and plans. It is issued by the president of the communal council, at the owner’s request, under urban planning law 12-90.

Sources do not fully agree on terminology. For FNH and Marrakech Realty, the occupancy permit covers residential buildings and the compliance certificate covers non-residential uses (commercial, industrial, tourist). For Le Chantier, the two terms are often used interchangeably and issued together. For a buyer, the useful question is simple: is there a municipal conformity attestation for this property and its use?

According to FNH, if the commune has not issued the document within one month of the declaration of completion, the applicant may invoke substitution rights.

Why it matters to a buyer

The first risk is actual compliance. Common discrepancies listed by Archiplan include unauthorised extensions, changed surface areas, altered facades, heights that differ from the plan, or a modified footprint. A property that was enlarged without permission passes that problem on to its buyer.

The second is practical:

• Notary: according to Mubawab, the notary checks, among other things, the ownership certificate, the co-ownership rules and the occupancy permit.
• Bank: Le Chantier states that banks require the certificate to release the last tranche of a construction loan or to accept the property as collateral. Other sources say a well-prepared file can be financed without it: ask your bank case by case.
• Electricity: according to Marrakech Realty, since July 2019 the occupancy permit is no longer required to connect a home to the electricity grid. Le Chantier, on the contrary, describes more expensive “construction site” subscriptions without the certificate. Confirm with the local utility before buying.

The case of riads and medina houses

Many riads and douiria predate current planning rules. Atlas Immobilier states that more than 80% of riads and douiria in the Marrakech medina never obtained an occupancy permit. That is one agency’s figure, not an official statistic: treat it as an order of magnitude, not verified data.

The same source says the absence of a permit is not an automatic barrier to buying or living in the property, but that it becomes essential for a new tourist classification application. This echoes a point in our guide to renovating a riad: for a guesthouse project, the building’s administrative status matters as much as its charm. Atlas Immobilier also recommends consulting specialists who know the medina rather than generalists.

New builds: the developer’s job

According to Marrakech Realty, the developer generally obtains these documents for new programmes, whereas an individual who builds must file the completion declaration and the architect’s certificate personally. For an off-plan purchase, the topic ties in with the checks in our article on documents to request from a developer: ask when the conformity will be issued and what the contract provides if it is late.

For a building you commission yourself, Le Chantier lists as file documents an ownership certificate under three months old, the building permit, approved plans, the architect’s completion certificate, the works reception report and the ten-year insurance certificate. Delays vary by commune: Le Chantier mentions 30 to 60 days after a complete file is submitted, while Archiplan says there is no single deadline for all projects.

Checklist before signing

• Ask for a copy of the occupancy permit or compliance certificate, and check it matches the intended use (residence, tourist rental, commerce).
• Compare the real surface, height and extensions with the approved plans.
• Have the notary confirm what they require for this specific property, together with the ownership certificate and the co-ownership rules.
• Ask your bank about its document requirements before signing the preliminary contract.
• For a riad or medina house without a permit, have a local professional assess the risk, especially if you plan tourist use.
• For new builds, write the developer’s responsibility and a delivery schedule into the contract.

This article is informational and does not replace a notary’s advice. Several sources contradict each other on the practical effects of these documents: check with the commune and the notary for your property.