MRE: since July 16, your property sale in Morocco may be null and void
Since July 16, a new rule has applied to real estate transactions in Morocco. Sales, promises of sale, and special powers of attorney must now be drawn up as authentic instruments. Otherwise, the deed may be deemed null and void.
The amendment appears in Law 41.25, enacted on July 3 and published in Official Gazette No. 7526 on July 16, 2026. It changes Article 4 of the Code of Real Rights, which sets out the formal requirements for transferring ownership of real estate.
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Until now, there were two possibilities: using an authentic instrument or using a document with a fixed date drawn up by a lawyer admitted to plead before the Court of Cassation. This second option has disappeared from the new wording.
From now on, transactions involving the transfer of ownership of property, as well as the creation, transfer, modification or extinction of a real property right, must be established by an authentic instrument, unless a specific provision provides otherwise. The law expressly provides for nullity when this form is not respected.
MRE powers of attorney also affected
The change also concerns promises of sale and special powers of attorney related to these transactions. An owner living abroad who wishes to grant a relative the power to sell their apartment, house or land in Morocco must therefore take this new requirement into account.
However, this should not be understood to mean that the law systematically requires people to go to a notary. The text uses the concept of an “authentic instrument” and does not limit it to a notarial deed. What is explicitly eliminated is the possibility previously provided for of using a document with a fixed date drawn up by an authorized lawyer.
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The reform also affects other real estate transactions. Deeds relating to co-ownership of built properties must comply with the same form, as must the preliminary contract for the sale of a home under construction and the lease-to-own agreement. In each of these cases, the law once again provides for nullity if the deed is not authentic.
