Co-ownership: obtaining a land title for each apartment

What the law says: one lot = one private part + one share

The status of co-ownership (copropriété, الملكية المشتركة) is governed by Law No. 18-00 on the status of co-ownership of built properties (Dahir of 3 October 2002), as amended and supplemented by Law No. 106-12, promulgated by Dahir No. 1-16-49 of 27 April 2016. It applies to buildings divided into apartments, floors or premises belonging to several persons, as well as to groups of villas or premises that share common parts. Since 2016, it has covered buildings that are titled, undergoing registration or unregistered (Article 1).

Each lot comprises two inseparable elements:

• A private part (partie privative, الجزء المفرز): the apartment, the premises, possibly a cellar or a garage, the exclusive property of its holder (Article 2).
• A share of the common parts (quote-part des parties communes, الجزء المشاع): the land, the structural work and foundations, the load-bearing walls, the façade, the stairs, the entrances, the lifts, the roofs in common use, the common equipment (Article 4). Courtyards, gardens and premises in common use are also common, unless the titles provide otherwise.

The share (quote-part, often expressed in tantièmes or thousandths) is set, unless the titles provide otherwise or the general meeting decides otherwise, according to the area of the private part in relation to all the private parts (Article 6). It is used to apportion charges and votes. The common parts can neither be divided nor sold separately from the lots, and a co-owner may neither let nor mortgage their private part without its share (Article 7).

The co-ownership regulations, the owners' association and the property manager

Article 8 is clear: “Every building in co-ownership subject to the provisions of this law is governed by co-ownership regulations” (our translation). They are drawn up by the original owner (often the developer or the owner who built) or by the co-owners by mutual agreement. Failing that, standard regulations apply: they were set by Decree No. 2-17-354 of 23 October 2017.

The regulations must state the purpose of the private and common parts, the allocation of shares, the rules for managing the owners' association and the general meeting, the appointment of the property manager and the apportionment of charges (Article 9). They are signed by the original owner or the co-owners. For a titled building, they must also contain the description of the building and its land references, the list of lots with their location, area, height and content, and a table of shares (Article 51).

The co-owners are grouped automatically in an owners' association (syndicat des copropriétaires) with legal personality, from the entry of the first transfer (Article 13). The general meeting takes the decisions; the property manager (syndic) and their deputy carry them out. They are appointed by a three-quarters majority of the votes, for two years, renewable; failing that, the president of the court of first instance may appoint them at the request of a co-owner (Article 19). Certain decisions require unanimity, in particular raising the building or a new construction (Article 22).

Splitting a title into titles per lot: the procedure

For a titled building, the law provides that “A separate land title is established by the land registrar” (our translation) for each lot, made up of the private part and its share of the common parts (Article 49). The path is as follows:

1. Check the urban planning situation: the building must correspond to the building permit. Law No. 12-90 prohibits the use of a completed building without an occupancy permit (permis d'habiter) (or a certificate of compliance (certificat de conformité) for a use other than housing), issued by the president of the municipal council (Article 55). Ask the land registry which urban planning documents it requires.
2. Have the plans and the technical file drawn up: a surveying engineer surveys the building level by level and draws up the co-ownership plans. The technical file, annexed to the regulations, is drawn up in accordance with Article 17 of Decree No. 2-13-18 (Article 10 of the law). It is filed with the cadastre department for checking, plotting and approval.
3. Draft and sign the co-ownership regulations, with the table of shares using the areas in the technical file.
4. File and enter the regulations at the land registry (conservation foncière) for the place where the building is located, with their annexes (Articles 11 and 50).
5. Obtain the titles: the land registrar creates one title per lot. Charges entered on the original title, such as a mortgage, are carried over to each separate title (Article 49). The original title, which now bears only the common parts, passes into the name of the owners' association (Article 53).

For an unregistered building, the regulations are filed with the registry of the court of first instance (secrétariat-greffe) (Article 11), together with, in particular, the “ne varietur” architectural plans, the topographic plans, the building permit and a division report signed by the owner (Article 10). There is no title per lot as long as the land is not registered: see the land registration guide.

Co-ownership plans: who draws them up, what they contain

Article 17 of Decree No. 2-13-18 provides that every co-ownership application is supported by a technical file drawn up by a private-sector surveying engineer registered on the roll of the National Order of Surveying Engineers (Ordre national des ingénieurs géomètres-topographes, ONIGT). The architect designs the building; the surveying engineer measures what has been built and describes it legally, lot by lot.

The texts make it possible to identify the expected content:

• The underlying land: boundaries and area of the land on which the building stands, tied to the title plan.
• One plan per level: location, boundaries, area, height and content of each private part and of the common parts (Articles 10 and 51 of the law).
• The numbering of the lots and common parts, used in the regulations and on the original title (Article 54).
• The areas used to calculate the shares.

Once the titles have been created, the property manager may obtain the plan of the land, the plans of the common parts and those of the private parts (Article 55). The precise format of the plans and tables follows the technical requirements of the cadastre; the engineer knows and applies them. See also Cadastral plan, title plan, topographic plan.

Three common situations in Morocco

• The family house with several floors built by several brothers. The land is in the father's name, or in the name of the heirs in undivided ownership, and each brother built or paid for a floor. Legally, each holds only an undivided share of the whole. To give each floor a title, ownership must first be settled (inheritance entered, agreement of all), the building checked against the permit, and then the co-ownership procedure followed. The rules of undivided ownership and inheritance are explained in Inheriting land and dividing it.
• The old building without separate titles. Apartments were sold as shares of a single title, sometimes without regulations. The law applies nonetheless and the standard regulations fill the absence of regulations. To create the titles, the co-owners must have the technical file drawn up and adopt regulations: the general meeting decides by a three-quarters majority on drawing up the regulations (Article 21). Discrepancies between the actual building and the permit (added floor, converted premises) are often the sticking point.
• Buying off-plan or without an individual title. Buying before completion falls under the sale of property off-plan (vente d'immeuble en l'état futur d'achèvement), governed by the Code of Obligations and Contracts. Buying a completed apartment whose title has not yet been split means acquiring an undivided share of the parent title: your right depends on the entry of your deed on that title and on the successful completion of the co-ownership procedure.

What to check before buying an apartment

1. The title: does the apartment have its own title? Ask for its number and a recent certificate of ownership. If not, ask for the number of the parent title and check who is registered on it.
2. Charges: a developer's mortgage on the parent title passes to each separate title (Article 49). Require its release for your lot before paying the balance.
3. The co-ownership regulations and the plans: the seller must give you a copy of the regulations, the “ne varietur” architectural plans and the topographic plans of your lot, and the deed must state that you have read them (Article 11).
4. Compliance: building permit and occupancy permit. A floor or an enclosed terrace built outside the permit may prevent or delay the creation of the titles.
5. The area: compare the advertised area with that of the co-ownership plan. A measurement in the presence of both parties is possible before signing.
6. The owners' association: is there a property manager, are there unpaid charges, have works been voted?
7. The form of the deed: it must be authentic or have a certain date (date certaine), drawn up by an authorised professional (Article 12).

The general process of a property purchase is described on the Buying page and in Melkia or land title.

The role of the surveying engineer and of the other parties involved

The surveying engineer surveys the building, draws up the co-ownership plans and the table of areas, and prepares and files the technical file with the cadastre department. He can also measure an apartment before a purchase or check an existing file.

He drafts neither the regulations nor the deed of sale: that is the role of the notary, the adoul (notary under Islamic law) or the lawyer accredited to the Court of Cassation. The occupancy permit is a matter for the municipality, the entry and creation of titles for the land registrar. If you are preparing to place a family house or a small building in Fez under co-ownership, Ellipsoide can carry out the topographic part (co-ownership).

Frequently asked questions

Official sources

• Dahir No. 1-02-298 of 3 October 2002 promulgating Law No. 18-00 on the status of co-ownership of built properties, as amended and supplemented by Law No. 106-12 (Dahir No. 1-16-49 of 27 April 2016) — ANCFCC
• Status of co-ownership of built properties (Law No. 18-00, consolidated version) — Ministry of Justice (Adala)
• Decree No. 2-13-18 of 14 July 2014 on land registration formalities — ANCFCC
• Dahir of 12 August 1913 on land registration, amended and supplemented in particular by Law No. 14-07 (consolidated version) — Ministry of Justice (Adala)
• Law No. 12-90 on urban planning (consolidated version) — General Secretariat of the Government

This guide provides general information, up to date as of the date shown. It does not replace the official texts or a professional review of your file. Ask us about your situation.