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Off-plan purchases in Morocco: reservation contract, payment schedule, delivery, pitfalls

Par l'équipe Palm Estates11 min read

Off-plan represents ~35% of new property transactions in Morocco 2026. Main option to buy a new apartment at a lower price than completed new, but also where most litigation happens when the developer doesn't deliver.

Legal framework in 2026

Since law 31-08, off-plan in Morocco is strictly regulated by amended law 44-00. Three key principles:

  • Developer must provide valid building permit AND completion guarantee certificate (bank or insurance) before any buyer payment
  • Payments scheduled by actual construction progress
  • 10-year decennial guarantee for structural defects from delivery

Preliminary sale contract

Different from classic purchase agreement. Off-plan preliminary contract must contain, on penalty of nullity:

  • Precise property description (surface, rooms, floor, exposure, plan)
  • Precise materials description (tiling, sanitary, joinery, equipment)
  • Provisional schedule + firm delivery date
  • Detailed payment schedule matching construction stages
  • Developer delay penalties (typically 1% of price per month, capped at 10%)
  • Contract resolution conditions
  • Reference to completion guarantee

NEVER sign a preliminary contract that doesn't explicitly mention completion guarantee or delay penalties. These are your only real protections.

Payment schedule

Schedule varies by developer but stays legally framed. Typical model for a 24-month new program:

  • Reservation (preliminary contract): 10%
  • Start of works: +15% (25%)
  • Structural completion: +25% (50%)
  • Roofing/waterproofing: +15% (65%)
  • Interior finishes: +15% (80%)
  • Delivery: +20% balance (100%)

Important: each payment call must be triggered by progress certification signed by independent expert. Refuse any call without justification.

Completion guarantee

Master piece of buyer protection. Bank guarantee (or insurance, rarer) ensuring if developer fails or abandons works, the bank (or insurer) takes over.

  • Issuing bank name (large Moroccan banks more solid)
  • Guarantee number + validity (must cover until delivery)
  • Guaranteed amount (must cover total buyer payments)
  • Activation conditions

Real timelines observed in Morocco

Stats on ~80 new programs Casa + Marrakech 2020-2024:

  • Average delay vs contract: +8 months
  • On-time delivery: 25%
  • Delay < 6 months: 35%
  • Delay 6-18 months: 30%
  • Delay > 18 months or abandoned: 10%

Practical conclusion: systematically budget 6-12 months of delay in your financial and logistical plan.

Pre-signature verifications

  • Developer track record: previous deliveries to visit
  • Developer financial strength
  • Up-to-date building permit
  • On-site visit at signing
  • Independent architect review
  • Future property management quality

Delivery — critical moment

At delivery, buyer has legal 30 days to report in writing (registered letter) all visible defects. After this, defects deemed accepted and developer no longer obligated to fix.

Best practice: bring an architect or bailiff for reception. 500-1,000 MAD cost, much higher potential impact.

Off-plan vs completed new: the right trade-off

Off-plan = lower price (10-15% cheaper than equivalent completed new), choice of finishes, payment spread. But: developer risk, probable delays, sometimes disappointing finishes.

Completed new = higher price but zero construction risk, immediate delivery. Prefer when: firm calendar, remote purchase (MRE), no patience for surprises.

Frequently asked questions

Difference between off-plan and contract for individual construction?
Off-plan: buying in collective residence built by developer. CCMI: building YOUR house on YOUR land. Different legal regimes.
Can you resell before delivery?
Technically yes, but contract assignment requires developer acceptance. Rarely happens in practice.
What if the developer goes bankrupt?
Activate completion guarantee with issuing bank. They cover completion. In practice often long and result rarely perfect.
What about VAT on new builds?
In Morocco, new home sales (first transfer) exempt from VAT but subject to specific registration duty. Registration fees same as old (4% standard, 3% for principal residence with loan).
Tips for MRE buying off-plan remotely?
Three essential precautions: established developer, local lawyer mandate, mid-construction + reception visits.

Sources et méthodologie

Les médians de prix et statistiques quartier cités dans cet article sont calculés à partir de notre base de 38 000+ annonces actives agrégées en continu sur les principales plateformes marocaines (Yakeey, Sarouty). Les chiffres officiels viennent du Référentiel des prix de l'immobilier 2017 publié par la Direction Générale des Impôts. Mis à jour quotidiennement.

Article publié le — Par l'équipe Palm Estates, 458 mots.

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