Land subdivision in Morocco: subdivision permit, acceptance of works and sale of plots
Dividing a plot of land to sell or share it is governed by law 25-90, substantially amended by law 34-21 published in the Official Bulletin of 10 August 2026. This guide sets out the rules for the landowner, the heir or the small developer.
In short: Moroccan law speaks of a subdivision (lotissement) when the division creates two or more plots intended for building, whatever their size, and of a land division (morcellement) when the plots are not intended for building. Both require prior authorisation from the president of the commune in urban zones and in zones covered by a planning document. A plot can only be transferred after the provisional acceptance (réception provisoire) of the servicing works. Law 34-21 (BO no. 7533 of 10 August 2026) changed the deadlines and the procedure: always check the text in force.
Your permit, prepared by an architect
A registered architect studies your plot, draws the plans and files your application. First call with no commitment.
Subdivision or land division: what is the difference?
| Operation | Definition | Authorisation |
|---|---|---|
| Subdivision (lotissement) | Division by sale, lease or sharing into 2 or more plots intended for building (housing, industry, tourism, commerce, crafts), whatever the size (art. 1) | Subdivision permit (autorisation de lotir) (art. 2 and 3) |
| Housing group (groupe d'habitations) | Individual or collective residential buildings built by the owner on one or more plots (art. 56) | Same regime as a subdivision (art. 57) |
| Land division (morcellement) | Transfer or sharing that divides land into 2 or more plots not intended for building, or a sale in joint ownership giving a share below the minimum set by the planning document, or below 2,500 m² if there is none (art. 58) | Land-division permit (autorisation de morcellement) (art. 59) |
Land division is not a shortcut to avoid the subdivision procedure: the application is inadmissible if the land lies in a building zone of a planning document. You must then apply for a subdivision permit (art. 60).
How do you obtain a subdivision permit?
- Check the land: it must be registered, or in the process of registration with the opposition period expired without opposition (art. 5). The zoning is shown in the zoning information certificate (note de renseignements urbanistiques).
- Prepare the file (art. 4): topographic plan, urban design, technical studies for roads and networks (water, sanitation, electricity), specifications (cahier des charges). Decree 2-92-833 sets the scales: 1/500, or 1/1000 above 25 hectares.
- File with the commune where the land is located, today via Rokhas (see the Rokhas guide). The president of the commune issues the permit after the urban agency's opinion (the regional planning and housing agencies created by law no. 64-23, BO no. 7533 of 10 August 2026, are gradually replacing the urban agencies as they are actually set up). If the land spans several communes, the Minister of the Interior or, by delegation, the wali or the governor decides (art. 3).
- Decision: a refusal must give reasons. It occurs in particular if the subdivision is not connected to roads, sanitation, water and electricity (art. 7). Where a zoning plan (plan d'aménagement or plan de zonage) sets the land use, silence from the administration counts as approval within the deadlines of the legislation on simplifying procedures (art. 8 as amended by law 34-21).
- File the approved file with the Land Registry (Conservation foncière) as soon as the permit is obtained (art. 12).
Outside urban perimeters, where there is no zoning plan, a subdivision is only authorised for scattered housing, tourism or agriculture, with plots of at least one hectare (art. 9 of law 25-90 in its 1992 wording; this article is among those amended by law no. 34-21: have its new wording checked). See our guide on building in rural areas.
Your permit, prepared by an architect
A registered architect studies your plot, draws the plans and files your application. First call with no commitment.
Who is involved and who pays for what?
- Architect registered with the Order: mandatory for the urban design and the architectural documents, which the architect signs (art. 13 and 16).
- Approved surveyor (géomètre-topographe agréé): mandatory for the topographic plan (art. 14 and 16).
- Specialised engineers (roads and networks consultancy, BET VRD): mandatory for the road and network studies (art. 15).
- Site coordinator: the developer appoints an architect, a specialised engineer or, since law 34-21, a surveying engineer to follow the works (art. 17).
The fees of these professionals are negotiated by contract. See our guide on architect fees in Morocco. On the tax side, the tax on subdivision operations (taxe sur les opérations de lotissement) is 3% to 5% of the total cost of the servicing works excluding VAT, depending on the rate voted by the commune (law 47-06, art. 60 and 61). The developer pays a 75% instalment when the permit is issued and the balance after completion (art. 63). The details are in our guide on planning fees and taxes.
Which servicing works, and within what deadline?
The project must provide roads and parking, water, electricity, sanitation, open spaces, and the connection of each plot and of the internal networks to the main networks. It must also reserve sites for public facilities (art. 18). Since law 34-21, the deadline to complete these works depends on the area:
| Area of the subdivision | Deadline before the permit lapses |
|---|---|
| Up to 20 ha | 3 years |
| More than 20 ha up to 100 ha | 5 years |
| More than 100 ha up to 250 ha | 7 years |
| More than 250 ha up to 400 ha | 10 years |
| More than 400 ha | 15 years |
The deadline runs from the date the permit is obtained (new art. 11). It can be suspended if the works are forcibly stopped for reasons not attributable to the developer, on a justified request examined by a committee (art. 11 bis). Subdivisions authorised before the reform and still within their deadlines switch to this scale according to their area (art. 5 of law 34-21).
How do provisional and final acceptance work?
- Declaration of completion of the works to the commune, with a certificate from the coordinator (art. 22).
- Provisional acceptance within 30 days by a committee (commune, administration, water and electricity distributor). The developer, the contractor, the architect, the engineers and the surveyor are summoned (art. 23 and 24). If the commune does not convene the committee, the developer can refer the matter to the governor.
- New effect: provisional acceptance transfers the roads, the networks and the planted green spaces to the commune's public domain by operation of law. The land registration is made automatically and free of charge.
- Final acceptance one year after provisional acceptance, to check that there are no defects. If the defects are not remedied, the commune can carry out the works and recover the cost (art. 27 and 28).
Can you sell plots off-plan?
Not in a standard subdivision: deeds of transfer, lease or sharing can only be signed after provisional acceptance (art. 33). Adouls, notaries and land registrars must refuse the deed without a copy of the provisional acceptance report or, failing that, without a certificate issued by the president of the commune after prior approval of a committee bringing together in particular the urban agency, the commune and the province (art. 35 as worded by law 34-21). The only flexibility is completion in phases: each accepted phase releases the designated plots, with a financial guarantee covering the remaining works (art. 37 to 41). Deeds signed in breach of the law are absolutely void (art. 72). The sale of a home off-plan (en l'état futur d'achèvement) falls under a different regime, that of law 44-00.
How do you divide land or leave joint ownership?
- Check that the land is not in a building zone: otherwise, it is a subdivision.
- Have a surveyor draw up the division plan.
- File the application with the commune, which decides after the administration's opinion. Since law 34-21, the permit is deemed granted if there is no reply within 30 days (art. 59; previously two months).
- Mention the permit in the deed of transfer or sharing (art. 62). Failing that, the deed is only accepted with a certificate of non-liability issued by the president of the commune after approval by a committee (urban agency, commune, province) (art. 61).
Some divisions are exempt, for example those carried out for public projects of the State or local authorities (new art. 58).
How much does a subdivision project cost?
The cost depends mainly on the length of roads, the networks and the connections. To estimate the buildings on the plots afterwards, use our free cost estimator and the guide on construction cost per m². The building permit framework is detailed in our building permit guide.
An architect registered with the Order can study the feasibility of the land and coordinate the surveyor and the roads-and-networks consultancy up to acceptance. CITURBAREA supports these projects from Kénitra (architect in Kénitra) in the Rabat-Salé-Kénitra region.
Frequently asked questions
What is the difference between a subdivision and a land division?
A subdivision (lotissement) divides land into two or more plots intended for building; it requires a subdivision permit and servicing works. A land division (morcellement) divides land into plots not intended for building; it requires a land-division permit in urban zones and in zones covered by a planning document (law 25-90, art. 1 and 58).
Can you sell a plot before the servicing works are finished?
No. Deeds of transfer, lease or sharing can only be signed after the provisional acceptance of the servicing works (art. 33). Only completion in phases, with a financial guarantee, allows the plots of an already accepted phase to be sold.
How long does a subdivision permit last?
Since law 34-21 published on 10 August 2026, the deadline depends on the area: 3 years up to 20 ha, then 5, 7, 10 and 15 years above 400 ha. It runs from the date the permit is obtained and can be suspended if the works are forcibly stopped.
Is an architect mandatory for a subdivision?
Yes. An architect registered with the Order is mandatory for the urban design and the architectural documents (art. 13). An approved surveyor draws up the topographic plan (art. 14) and specialised engineers carry out the road and network studies (art. 15).
What is the deadline for a land-division permit?
Since law 34-21, the permit is deemed granted if the president of the commune does not decide within 30 days of filing (art. 59). Previously, this deadline was two months.
How much is the tax on subdivision operations?
Between 3% and 5% of the total cost of the servicing works excluding VAT, depending on the rate set by the commune (law 47-06, art. 61). For example, the city of Salé publishes a rate of 4% and Casablanca 5%. A 75% instalment is due when the permit is issued.
Can you sell undivided shares of agricultural land?
In urban zones and in zones covered by a planning document, a sale in joint ownership that gives a buyer a share below the minimum set by the planning document, or below 2,500 m² if there is none, requires a land-division permit (art. 58). Without the permit, the deed cannot be accepted.
Reference texts (8)
- Loi n° 25-90 relative aux lotissements, groupes d'habitations et morcellements (texte initial, Agence urbaine de Kénitra)
- Bulletin officiel n° 7533 du 10 août 2026 : loi n° 34-21 modifiant la loi 25-90 (en arabe)
- Décret n° 2-92-833 du 12 octobre 1993 pris pour l'application de la loi 25-90
- Loi n° 47-06 relative à la fiscalité des collectivités locales (eRegulations Rabat)
- Ville de Salé : taxe sur les opérations de lotissement
- Casablanca : taxe sur les opérations de lotissement
- Décret n° 2-18-577 approuvant le règlement général de construction (BO n° 6874)
- Le Matin — Urbanisme : agences régionales et guichet unique pour les grands projets (lois 64-23 et 34-21, août 2026)