Moroccan law prohibits foreigners from acquiring agricultural land
A VNA certificate is required for any land outside the urban perimeter acquired by a foreign individual or a company whose capital is wholly or partly owned by foreigners.
Genesis:
“When Morocco regained its independence in 1956, the country was characterized by obvious inequalities in agricultural ownership between large modernized farms and traditional family farms, often very small in size.
One of the aims of the agrarian reform that followed independence was to reduce these disparities. In 1973, as part of a series of measures aimed at reappropriating agricultural land, Morocco passed law n°1-73-2131, transferring to the State ownership of land belonging to foreign individuals or nonMoroccan corporate entities, provided it was located in whole or in part outside urban areas.
Even today, this law prohibits the acquisition of agricultural land or land intended for agricultural use by foreigners, whether natural persons or legal entities, it being specified that a legal entity will be considered foreign if it is not wholly owned by Moroccans.
However, a foreign investor may apply for a non-agricultural land use certificate (or AVNA), the effect of which is that rural land loses its agricultural vocation.
A non-agricultural certificate (AVNA) is obtained in two stages:
- A provisional certificate issued on the basis of the project and a sales agreement between the investor and the current owner of the land.
- A final certificate issued after on-site verification of project completion by a special commission.
The AVNA is issued by the Wali of the region on the advice of the unified regional investment commission, which he chairs, unless delegated to the Chairman of the Regional Investment Center (CRI) or the Urban Agency.
When examining the provisional AVNA application, the Commission will ensure in particular that the land in question does not have a high agricultural potential, and will assess the value of the planned investment project.
The Commission must give its opinion within a maximum of 30 days from the date of submission of the project file by the IRC or the Urban Agency to the Commission. Ultimately, this procedure is generally fairly rapid, the timeframe depending essentially on the dates on which the Commission holds its sessions (in Marrakech, approximately every three weeks).
AD-HOC” Commission:
The necessary formalities must be carried out with the relevant authorities in the place where the land is located.
At prefecture and wilaya level, a special commission known as “AD-HOC” has been set up. It is made up of all those involved in urban planning. It is chaired by the Wali or Governor, and its secretariat is provided by the CRI or the Agence Urbaine.
It meets regularly (generally every three weeks for Marrakech), at the Prefecture or Wilaya headquarters, depending on the dossiers submitted.
It issues agreements in principle on all investment projects: (provisional AVNA) :
- Tourist: Hotel, Guest house, Club…
- Residential: Grouped housing: Collective or villas,
- Subdivisions: Large-scale,
- Industrial projects: 1st, 2nd and 3rd category industries.
“If these projects are in contradiction with the orientations of the urban planning documents in force”. These contradictions may be :
- Zoning,
- At the minimum plot level,
- In terms of height,
- In terms of land use, CES: Coefficient d’Emprise au Sol and COS: Coefficient d’Occupation du Sol.
To obtain an agreement in principle, you must submit a request to the director of the urban agency or the IRC, accompanied by a brochure containing the following information:
- Certificate of ownership,
- Sales agreement,
- Applicant identity/company status,
- Cadastral map,
- Presentation of the project / concept etc…
- Note on planned investment / sources / deadlines / future jobs,
- Site plan of the project,
- Principle of cross-section and facade,
- In general; various plans needed to explain the project.
It’s time to turn to the professionals!
A minimum of six copies of this file, drawn up with the help of a private architect, must be submitted to theurban agency.Your input (or that of your representative) is crucial. Who knows better than you the ultimate purpose of the project!
After an in-depth study of the project’s appropriateness and a meeting of this commission, the interested party is sent an opinion, either favorable or unfavorable, but justified.
Reasons must be given for any refusal, and may be appealed to the Wali of the region, or to a specific ministerial commission called the Ministerial Steering Commission.
Our partners
Once your project has been researched and finalized, our services can put you in touch with our local partners in Marrakech, who can direct you to the right people to ensure your project runs smoothly: Architects (including interior designers and landscape architects), design offices, administrative appointments (we organize your first meetings with the authorities for the presentation and submission of your project), suppliers, construction companies and prime contractors…
N.B. :
In May 2022, a ministerial circular was issued to unify the interpretation of the legal texts that govern it by administrations and territorial authorities.
It also tends (timidly) to open up (a little) the granting of AVNA certification to the following categories:
- Foreigner wishing to acquire a property in a rural area, subject to an authorized development plan resulting from an approved pledge.
- Foreigners wishing to acquire real estate located outside the urban perimeter, from authorized subdivisions, received and broken down into registered properties, or for the acquisition of buildings belonging to authorized housing groups.
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