Creating a subdivision in Morocco after Law No. 34-21

What is a subdivision?

Within the meaning of Article 1 of Law No. 25-90 on subdivisions, housing groups and plot divisions (التجزئات العقارية), a subdivision (lotissement) is any division of a property, by transfer, lease or partition, into two or more lots intended for building, whatever the area of the lots. The original 1992 text covered buildings for residential, industrial, tourist, commercial or craft use.

Law No. 34-21, promulgated by Dahir No. 1-26-61 of 28 July 2026 and published in Official Bulletin No. 7533 of 10 August 2026, does not replace Law No. 25-90: it amends some thirty of its articles and adds a regime for large-scale development operations of public interest (Articles 62-1 to 62-5). It also replaces, throughout the text, the words “urban municipality” and “rural municipality” with “municipality”.

To be distinguished from plot division (morcellement, تقسيم العقارات): dividing land into lots that are not intended for building. It requires a plot division authorisation (autorisation de morceler), presented in the guide Cadastral plan, title plan, topographic plan.

The text of Law No. 34-21 is available only in the Arabic edition of the Official Bulletin. The wording used in this guide is our own translation; only the Arabic text is authoritative.

The subdivision authorisation: file, parties involved, examination

The subdivision authorisation (الإذن في القيام بالتجزئة) is issued by the president of the municipal council; if the land extends over several municipalities, by the Minister of the Interior or, by delegation, the wali or the governor (Article 3). The application is inadmissible if the land is neither registered nor undergoing registration; in the latter case, the objection period must have expired without objection (Article 5). Land held by melkia must therefore first go through land registration.

The law requires three categories of professionals:

• The architect in private practice and registered with the Order: urban design of the project and design documents (Article 13). The architect signs the layout plan (plan de composition) and the specifications (cahier des charges) (Article 16).
• The surveyor: draws up the topographic plan on which the architect designs the project (Article 14). Today, the subdivision technical file filed with the cadastre must be drawn up by a surveying engineer (ingénieur géomètre-topographe) registered with the ONIGT (Decree No. 2-13-18, Article 17).
• The specialist engineers: studies and plans for roads, sewerage, water and electricity (Articles 15 and 16). This is what is commonly called the VRD design office (voirie et réseaux divers, roads and utility networks); the law speaks of specialist engineers.

The documents are set by Joint Order No. 337-20 of 21 January 2020. On filing: the application, an ANCFCC certificate attesting to the registration, an ANCFCC plan of the boundaries, a topographic plan at 1:500 (1:1000 above 25 hectares) with the boundary markers, the neighbouring titles, the distances between markers, the spot heights and contour lines, the urban design plan, the location plan, the technical documents for the networks, the specifications and the contracts with the project design and supervision team (maîtrise d'œuvre). A site logbook (cahier de chantier) and the detailed network plans are added before the “ne varietur” documents are handed over. Law No. 34-21 allows this list to be amended by regulation (Article 4).

Subdivision falls under the “large projects” procedure of the general building regulations: the examination committee brings together the prefecture or province, the municipality and the urban planning agency (agence urbaine), joined by the network operators. The text provides that it rules within 15 working days of receipt of the file by the municipality (Article 18 of the regulations).

Silence of the administration. The former Article 8 provided for tacit authorisation after three months. The new Article 8 now refers to the time limits and procedures of the texts in force, in particular the legislation on the simplification of administrative procedures. Any request for additional information interrupts these time limits. So do not count on a fixed time limit: have the status of the file confirmed in writing.

As soon as the authorisation is obtained, the developer files a copy of the authorised file with the land registry (conservation foncière) (Article 12).

Period of validity according to area, and suspension

This is one of the major changes. The authorisation lapsed if the servicing works were not carried out within three years. The new Article 11 sets a period according to the area of the land being subdivided:

• 3 years up to 20 hectares;
• 5 years from over 20 to 100 hectares;
• 7 years from over 100 to 250 hectares;
• 10 years from over 250 to 400 hectares;
• 15 years above 400 hectares.

The period runs from the date the authorisation is obtained. The authorisation lapses if the servicing works under Article 18 (roads, water, electricity, sewerage, open spaces, connections) are not completed by the deadline. For a 2-hectare family subdivision near Fez, the rule therefore remains three years.

Suspension (Article 11 bis). If the works are forced to stop owing to circumstances beyond the developer's control, the developer or the site coordinator files a reasoned application with the municipality. A special committee (municipality, prefecture or province, urban planning agency, which provides its secretariat) gives its opinion within 15 days of filing and sets the duration of the suspension. The report is sent to the president of the municipality within 3 days; he decides within a maximum of 7 days. A refusal must be justified by the reasons in the report and notified.

A new Article 74 bis specifies that the time limits provided for by the law are “complete time limits” (آجال كاملة), which is usually rendered in French as “délais francs” (clear days). If in doubt about a deadline, have it confirmed by the municipality.

Carrying out the works: the site coordinator

The former Article 17 required the developer to appoint an architect, a specialist engineer or a surveyor to ensure the proper execution of the works. The new Article 17 speaks of a site coordinator (coordonnateur de chantier, منسق الورش) and expressly mentions the surveying engineer (ingénieur topographe) among the professionals the developer may appoint. The role: to monitor the execution of the works in accordance with the documents on the basis of which the authorisation was issued.

The role is concrete. At the end of the works, the developer or the coordinator declares completion to the municipality, before the expiry of the period under Article 11. The declaration must be accompanied by a certificate signed by the coordinator certifying that the works comply with the authorised documents (Article 22). The coordinator therefore commits their signature.

For a surveying engineer, this role relies on measured checks: setting-out of the roads and lots in relation to the authorised plan, levels and gradients of the carriageways and networks, position of manholes and boundary markers, then an as-built plan (plan de récolement). A site logbook is required in the file and examined at acceptance.

Provisional acceptance and the transfer of roads to the municipality

Provisional acceptance (réception provisoire) allows the municipality to check that the servicing works comply with the authorised project. It must take place within 30 days of the declaration of completion (new Article 23; the former text provided for 45 days).

It is carried out by a committee comprising representatives of the municipality and of the administration, as well as a representative of the water and electricity distributors, after a site visit and examination of the documents, in particular the site logbook, the declaration and the coordinator's certificate. The developer, the contractor, the architect, the specialist engineers and now the surveying engineer are invited to attend (new Article 24).

• If the municipality does not convene the committee within the time limit, the developer may ask the governor to convene it, under the power of substitution provided for in Article 76 of Organic Law No. 113-14 on municipalities, after the procedure it provides for has been exhausted.
• If the works do not comply, the committee draws up a report and sets an additional period, without requiring a new subdivision authorisation. If compliance is not achieved, the president of the municipality refers the matter to urban planning control within 30 days (Article 26).
• If everything complies, a provisional acceptance report is drawn up. It entails the automatic transfer of the roads, the water, electricity and sewerage networks and the planted open spaces to the public domain of the municipality. The land registrar enters this transfer in the name of the municipality, ex officio and free of charge, on the basis of the report (Article 24).

If, after the titles for the lots have been created, the original title bears only the roads and common spaces, the entry is made on that title. If lots remain to be regularised or if the project is carried out in phases, a new title is created for the land occupied by the roads and networks. The president of the municipality sends a copy of the report to the local authority, the urban planning agency and the land registrar.

Selling the lots and splitting the title

No sale before provisional acceptance. Deeds of transfer, lease and partition of lots may only be executed after provisional acceptance of the works by the municipality (Article 33). Adouls (notaries under Islamic law), notaries and land registrars must refuse to draw up, receive or enter these deeds without a copy of the provisional acceptance report, or without a certificate from the president of the municipality, issued after the agreement of a committee (urban planning agency, municipality, prefecture or province), establishing that the operation does not fall within the scope of the law (Article 35). The deeds must refer to the specifications and contain a copy of the report (Article 36).

Entry of the subdivision (Article 32). The subdivision is entered on the land title only after the filing of the topographic plan drawn up after boundary marking and the production of a copy of the provisional acceptance report, as well as, where applicable, the co-ownership regulations. The developer then applies for the creation of one land title per lot.

This is the work of the surveying engineer: boundary marking of the lots on the ground, report, subdivision plan tied to Lambert coordinates, technical file filed with the cadastre department, which checks it and plots it on the cadastral map (mappe cadastrale). The deed of sale remains the business of the adoul or the notary, the entry that of the land registrar.

Works in phases. The developer may be authorised to service the subdivision in phases (Articles 37 to 39), with a phasing programme and guarantees (sureties or mortgages) covering the works not yet carried out when the first lots are sold.

Final acceptance

One year after the signing of the provisional acceptance report, the same committee carries out final acceptance (réception définitive) (Article 27). The president of the municipality must convene it within 30 days following the expiry of this full year, and invite the developer, the contractor, the architect and the specialist engineers. Failing that, the developer may apply to the governor, as for provisional acceptance.

Final acceptance checks that the roads and networks have no defects. If defects are found, the committee sets a time limit for the developer; if he does nothing, the municipality carries out the works itself or has them carried out and recovers the cost under Law No. 15-97 on the Code for the Recovery of Public Debts (Article 28). Final acceptance then allows the president of the municipality, after the agreement of the committee, to record the good condition of the facilities (Article 29).

Non-regulatory subdivisions, penalties and expected texts

Restructuring (Articles 49 and 50). Subdivisions created without authorisation are subject to restructuring intended to bring them up to standard (health, safety, traffic, appearance, convenience). It is decided by the municipal council, on its own initiative or at the request of the wali or the governor, after the opinion of the urban planning agency, according to a programme specifying in particular the land situation, the financing and the servicing works needed to regularise existing buildings. Excluded are subdivisions located in flood-prone, seismic or erosion-prone zones, in water resource protection zones, near dams or in zones declared unsuitable for subdivision. The arrangements are set by agreements; failing that, the State and local authorities may expropriate under Law No. 7-81.

Penalties. Title V of Law No. 25-90, as amended by Law No. 34-21, lists the offences (Article 63), including the creation of a subdivision or plot division without authorisation, failings relating to the site logbook, and the transfer, lease or partition of lots in a subdivision under construction. The penalties are set in the following articles (in particular 68). Each transfer or lease of a lot before provisional acceptance constitutes a separate offence (Article 69), and deeds concluded in breach of the law are absolutely null and void (Article 72). For a buyer, paying for a lot in a subdivision that has not been accepted is a real risk.

Transitional provisions (Article 5 of Law No. 34-21). Authorisations still valid on the date of publication benefit from the new periods according to their area. Projects whose period had expired without the works being completed may obtain an additional period set by a technical committee (prefecture or province, municipality, urban planning agency, network operators). If the works are still not completed, the State, local authorities or public establishments may complete them according to a programme.

Implementing texts. The law comes into force on its publication, but the provisions that require a regulatory text apply only on the publication of that text, which must take place within one year (Article 6). Expected in particular are: the composition of the provisional acceptance committee, the standards for facility spaces (Article 18), the procedures for changing the allocation of land reserved for public facilities (Article 6) and the template agreement where the developer builds networks in place of the municipality (Article 20).

Law No. 64-23, published in the same Official Bulletin, creates twelve regional urban planning and housing agencies which are progressively taking over the tasks of the urban planning agencies. During the transition, the urban planning opinion continues to be given by the urban planning agency of your town or city.

Frequently asked questions

Official sources

• Law No. 34-21 amending and supplementing Law No. 25-90 on subdivisions, housing groups and plot divisions, promulgated by Dahir No. 1-26-61 of 28 July 2026 (Official Bulletin No. 7533 of 10 August 2026, Arabic edition) — General Secretariat of the Government (Official Bulletin)
• Law No. 34-21: copy of the pages of Official Bulletin No. 7533 — Rea Consult
• Law No. 25-90 on subdivisions, housing groups and plot divisions (original 1992 text, before Law No. 34-21) — Ministry of Justice (adala)
• Decree No. 2-18-577 of 12 June 2019 approving the general building regulations and Joint Order No. 337-20 setting the required documents (Official Bulletin No. 6874 of 16 April 2020) — Official Bulletin (copy from the Settat Urban Planning Agency)
• Decree No. 2-13-18 of 14 July 2014 on land registration formalities — ANCFCC
• Law 34-21 on subdivisions: comparative analysis (Official Bulletin No. 7533) — Rea Consult

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.