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FAQ – Marrakech Property Estate Marrakech
1. What is a Melkia?
A Melkia is a traditional form of property ownership in Morocco, particularly common in medinas and rural areas. It is a handwritten deed prepared by an Adoul (Islamic notary) that certifies ownership based on customary law. However, Melkias often lack technical details, such as precise boundaries of the property or a complete list of heirs, which can complicate real estate transactions.
To ensure legal security, it is recommended to convert a Melkia into an official Land Title. This process involves registering the property with the National Agency for Land Conservation (ANCFCC), providing a definitive and legally recognized proof of ownership. At Marrakech Property Estate, we assist our clients throughout this process to secure their investment.
2. What is the difference between a Land Title and a Requisition Number?
A Land Title is an official property deed in Morocco, providing indisputable proof of ownership and registered with the ANCFCC. In contrast, a Requisition Number indicates that the property is currently in the process of being registered. Obtaining a requisition number is an essential step toward acquiring a Land Title, but until the process is completed, the property remains in a transitional legal state.
The requisition process includes detailed topographic surveys and public notifications to identify potential disputes. Although this step offers more security than a Melkia, it is not as definitive as a Land Title. Our team at Marrakech Property Estate supports clients through this process to achieve full registration of their property.
3. What is the role of a Notary in real estate transactions in Morocco?
In Morocco, a Notary is a public officer who plays an essential role in real estate transactions. Their responsibilities include:
- Drafting and authenticating contracts : Ensuring that all agreements comply with Moroccan law and accurately reflect the agreed terms.
- Title verification : Confirming the legal status of the property and checking for any encumbrances or disputes.
- Collecting taxes and registration : Calculating and collecting applicable taxes and fees, and registering the transaction with the relevant authorities.
- Ensuring compliance : Making sure all legal requirements are met, including obtaining necessary permits and adhering to urban planning laws.
4. What are the typical notary fees in Morocco?
Notary fees in Morocco generally range between 0.5% and 1% of the property's purchase price. These fees cover the notary's services, including drafting and authenticating contracts, verifying titles, and handling registration. Additional costs may include:
- Registration fees : Approximately 4% of the property value.
- Land conservation fees : Around 1.5% of the property value.
- Stamp duties and miscellaneous fees : Variable, depending on the complexity of the transaction.
It is important to note that these fees are generally paid by the buyer.
5. Can foreigners purchase property in Morocco?
Yes, Morocco allows foreigners to purchase real estate, except for agricultural land. Foreign buyers have the same property rights as Moroccan citizens. However, it is crucial to ensure that the property has a clear title and is free of disputes. Working with a reputable real estate agency like Marrakech Property Estate and consulting a qualified notary can help navigate legal requirements and ensure a secure transaction.
6. What is the process for converting a Melkia into a Land Title?
Converting a Melkia into a Land Title involves several steps:
- 1. Initiating the requisition process : Submitting a request to the ANCFCC to begin the registration process.
- 2. Topographic survey of the property : A detailed survey is conducted to define the boundaries of the property.
- 3. Public notification : A public notice is issued to identify potential disputes or claims.
- 4. Issuance of the Land Title : If no disputes arise, the ANCFCC issues the official property title.
It is important to note that these fees are generally paid by the buyer.
7. What are the agency fees for buying or renting a property?
At Marrakech Property Estate, our agency fees are structured as follows:
- Property purchase : A total of 5% of the purchase price, usually split equally between the buyer and the seller (2.5% each).
- Long-term rentals (minimum 1 year) : One month’s rent from the tenant and one month’s rent from the landlord.
It is important to note that these fees are generally paid by the buyer.
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