BUY registred / unregistred
Unregistred or Melkia
are goods without title deed in rural areas. the competence and the delegations go to an Adoul, responding to the Koranic law which concerns the acts of private life. As a Notary, he is indispensable in real estate transactions exclusively on untitled property.
The acts of an Adoul are written in Arabic and it is also the latter who will write the acts of sale in the Courts and competent authorities. Hyazat is a right of use on bare land or not, for a person cultivating the land or living there for an uninterrupted period of 15 years. This right must be formalized by an Adoul.
Carried out by the Notary, the latter cannot make the transaction if the property is not registered. Also, if the property, object of the deed of sale, is in the process of registration then the Notary will be empowered to draw up the deed of sale. The Notary has the competence to write the title in French.
For nearly a century, the Moroccan state has continued to build the national land register. The untitled real estate (Melkia) is gradually transformed from a Koranic statute (Empire of Muslim law) towards definitive titled goods. Anyone who owns a real estate property based on a Melkia can request the regularization of his property and its registration in the land books.
The registration procedure allows the establishment of a title deed registered with the Land Registry. It is governed by the Dahir of 9 Ramadan 1331 (August 12, 1913). The National Agency for Land Conservation, Cadastre and Cartography (ANCFCC) is in charge of the property registration procedure. A registrar of land ownership and mortgages, present at the capital of each Court of First Instance, is responsible for keeping the land register relating to the district of the Court and for carrying out the formalities and procedures prescribed for the registration of buildings. In the event of transfer, registration remains optional, but it is recommended. Once filed, the registration application is final and can not be withdrawn.
It is mandatory when there is a change of owner or foreclosure.
REGISTRY in 5 steps
1 ° Requisition, registration request
According to article 10 of the Dahir of 9 Ramadan 1331, the requisition can be requested by any person having a link with the building (owner, co-owner, usufructuary, creditor ...). The request filed must contain a certain amount of information.
2 ° Publications, provisional demarcation and plan
Within ten days of the filing of the requisition, the curator draws up an extract and writes a notice indicating the day and time at which the provisional demarcation must take place. The demarcation must be carried out by an expert surveyor in the Cadastre service, sworn in by the topographic service.
The extract from the requisition and the notice of provisional demarcation are published in the Official Bulletin. They are also the subject of an expedition to the Caïd, the Cadi and finally to the judge of first instance. The provisional demarcation is carried out on the scheduled date in the presence of the persons summoned (applicant, non-applicant owner, neighboring owners of the property, interveners / opponents). The curator or his delegate ascertains the fact and the duration of the possession, as well as the inventory of fixtures and proceeds to all the other observations and useful investigative measures. The surveyor draws up a summary plan called a provisional demarcation plan.
The curator draws up a provisional demarcation report if the applicant or his representative has attended the summons. This report is signed by the conservator, by all the intervening parties and if necessary, mention is made that they refuse to sign in the event of disputes and or oppositions. If the applicant does not appear at the notice of demarcation, the requisition is considered null and void and the procedure terminated.
3 ° Opposition (s) to the demarcation
The curator has a notice published and displayed specifying that during a period of two months from the publication of this notice in the Official Bulletin. During this period, requests opposing the registration may be made to the authorities. After this two-month period, no opposition can be issued. At the end of the procedure, a notice of closure of the provisional demarcation is published in the Official Bulletin, the demarcation then becomes effective.
4 ° Registration and title deed
At the end of the deadlines and if everything is correct, the Registrar proceeds with the registration. It establishes a title containing the detailed description of the building, the contact details and civil status of the owner, the existing property rights on the building. The title is written in French.
5 ° The effects of registration
The title deed is final and unassailable
FEES AND RATES
Apart from the fees, commissions and percentages, the costs are given as an indication and may vary slightly depending on the files.
Registration fees: 2.5%
Land conservation: 1% + 150 Dh (certificate of ownership)
Notary tax: 0.5%
Notary's fees: 1%, with a minimum of 2500 Dh + 10% VAT
Update of buildings to land conservation (optional): 0.5% + 75 Dh
Miscellaneous costs (stamps ...): 1500 to 3000 DH
Publication rights + fixed rights + duplicate: 600 Dh
Surface rights: 45 Dh per are started (urban area); per hectare started (rural area)
Surveyor: around 3000 Dh
Publication rights: 450 DH
Ad Valorem rights: 1.5% up to 50,000 DH + 2% of the value above
Area rights: 45 DH per are started (urban area); per hectare started (rural area)
Fixed fees: 75 DH
Duplicate: 75 DH
Surveyor: around 2,500 DH
Miscellaneous costs (stamps, etc.): around 1500 DH.