MOROCCO Law and Practice Contributed by: Loris Marghieri, Dounia El Aissaoui, Julien Nouchi and Mounia Larhrissi, Gide Loyrette Nouel
• a draft Law No 023-12 on housing co-oper - atives that aims to promote solidarity and participatory housing in particular by encour - aging the creation of housing co-operatives (ie, companies that manage housing for homeowners); • a draft law on construction operations that aims to regulate building quality, define involved parties and their tasks, and set con - ditions for site management; • a draft bill that proposes to amend Law No 07-03 to extend rent revision periods from three to five years for professional, com - mercial, industrial and craft premises (while keeping three years for residential leases) and to cap revisions at three per lease term; and • a draft decree for Law No 107-12, amending Law No 44-00 on off-plan sales, that clari - fies key terms, defines guarantee procedures and allows substituting the instalment refund guarantee with a completion guarantee. 2. Sale and Purchase 2.1 Categories of Property Rights Land Tenure Categories of Moroccan land tenure can be summarised as follows: • State ownership: (a) public domain of the Moroccan State; and (b) private domain of the Moroccan State. • Collective ownership: (a) collective lands – lands owned by local communities/tribes; (b) habous lands – lands belonging to religious institutions (such as mosques, schools, etc); and (c) guich lands – lands owned by military communities.
• Individual ownership: (a) registered private land – characterised by the registration/publication process and the probative effect of being recorded in the Land Registry held by the National Agency for Real Estate Conservation, Property Registries and Cartography; and (b) non-registered private lands – includes all lands that have not been registered and, as such, do not benefit from the legal effects of the registration. Among non-registered lands, melk assets under moulkia rights should be notes. This right is based on peaceful, uninterrupted possession for ten years (against third parties) or 40 years (against family). Ownership is proven by a moul - kiya document issued by traditional notaries (adouls). Rights in Rem (Droit Réels) Law No 39-08 forming the Moroccan Real Prop - erty Code lists Moroccan rights in rem as fol - lows. • Main rights in rem (that can be defined as autonomous rights not depending on any
other rights): (a) freehold; (b) easements and encumbrances; (c) usufruct right;
(d) right of use; (e) surface right; (f) emphyteusis right; (g) right of habous; (h) right of zina; (i) right of houa; and
(j) customary rights properly constituted before the coming into force of the Real Property Code. • Ancillary rights in rem (which can be defined as rights depending on a personal right):
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