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Foreigners have the ability to acquire agricultural land

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Foreigners have the ability to acquire agricultural land

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The Legal Framework of the AVNA in Morocco: A Key Lever for Land Investment

An Attractive and Regulated Agricultural Sector

Morocco, endowed with remarkable agricultural potential, is attracting increasing interest from foreign investors. Its fertile soils, diverse climates that support a wide range of crops, and public policies aimed at modernizing rural areas create a highly favorable environment for investment. In this context, the Kingdom is gradually opening access to agricultural land for foreigners, while strictly regulating its use to preserve natural resources.
One of the main regulatory tools is the Attestation of Non-Agricultural Purpose (AVNA), required for any non-agricultural project planned on land classified as rural.

Opportunities Beyond Agriculture

The country’s potential extends far beyond agricultural production. Morocco also holds significant mineral resources, particularly in phosphate and marble. Regions such as Khouribga, Taza, Khénifra and Volubilis contain deposits that offer real opportunities for investment in extraction and processing industries.
However, the development of these resources remains subject to compliance with the regulatory framework, in particular prior approval of the AVNA, ensuring coherent and sustainable use of the land.

Objectives and Scope of the Joint Circular on the AVNA

A joint circular governing the issuance of the Attestation of Non-Agricultural Purpose was recently published by three ministerial departments:

  • the Ministry of National Territorial Planning, Urban Planning, Housing and City Policy,
  • the Ministry of the Interior,
  • the Ministry of Agriculture, Maritime Fisheries, Rural Development and Water and Forests.

An Instrument Supporting Rural Development

The publication of this circular aligns with the implementation of the High Royal Instructions aimed at:

  • strengthening rural development,
  • encouraging productive investment,
  • creating employment and wealth,
  • promoting the emergence of a rural middle class, a key driver of socio-economic progress.

Dated April 29, 2022, it was addressed to Regional Governors, directors of Regional Investment Centers, urban agencies, and regional departments of urban planning and agriculture.

Why Reform the AVNA?

The current momentum of investment in Morocco has revealed several difficulties within the AVNA approval process. The circular therefore aims to harmonize the interpretation of legal texts and streamline procedures to better support project developers.

Reminder of the Legal Framework

The AVNA is established by Decree No. 2.04.683 concerning the regional commission in charge of certain land operations. This decree authorizes foreigners to acquire agricultural or agriculturally-zoned land located outside urban perimeters, provided that:

  • the project is for a non-agricultural purpose, and
  • the applicant obtains the AVNA before the acquisition.

New Guidelines Introduced by the Circular

Strict Conditions for Issuance

The circular reinforces several key requirements :

  • strict compliance with Chapter 3 of Decree 2.04.683 before granting the AVNA;
  • mandatory linkage between the attestation and a real, non-agricultural investment project;
  • prohibition of granting the AVNA for areas with high agricultural potential.

Protection of Strategic Land

It is also necessary to ensure that the property is not located in areas benefiting from specific regulatory protections:

  • land consolidation sectors,
  • irrigation perimeters,
  • land allocated under agrarian reform,
  • zones governed by special regulations.

Cases of Systematic Issuance

The AVNA is granted automatically for:

  • land located outside urban perimeters that originates from authorized, completed, and registered subdivisions;
  • properties belonging to duly authorized housing groups.

Administrative Transparency Requirements

The circular also reiterates:

  • strict application of Law 131.12 on the delimitation of territorial jurisdictions when defining the urban perimeter;
  • the obligation to justify any refusal to issue the AVNA.

A Mechanism to Stimulate Investment

These measures are expected to remove many of the obstacles encountered by investors and to strengthen the attractiveness of rural areas for non-agricultural projects.
The signatory ministers call on all stakeholders to apply these provisions rigorously, ensure continuous follow-up, and mobilize the necessary resources to guarantee effective implementation.