Contract for the off-plan booking of a Marrakech riad: clauses to check before signing

In brief: A VEFA (off-plan sale) reservation contract for a Marrakech riad may only be signed once planning permission has been granted, the deposit paid may not exceed 5 % of the total price, and the purchaser has a one-month cooling-off period with a full refund within seven days.

The reservation agreement is the first step in a ‘VEFA’ purchase. It differs significantly from the preliminary sale agreement – which places greater obligations on the parties and sets out the payment schedule – and from the final agreement, signed upon completion, which alone transfers ownership. This guide sets out, in chronological order, the clauses to be checked at each stage, from verifying the planning permission to the transfer of ownership.

Prerequisites: documents, budget and conditions to consider before booking a riad off-plan

Before even considering signing the agreement, several conditions must be met. These do not relate to commercial negotiations but to legal obligations, the absence of which could undermine the purchaser’s entire commitment.

Planning permission granted

The most crucial check concerns the project’s planning permission. Under Article 618-3 ter of the Moroccan Code of Obligations and Contracts, a VEFA reservation contract entered into before this permission has been granted is subject to nullity. A developer who offers to reserve a riad even before the planning application has been submitted or the planning permission granted is binding the purchaser to an agreement that has no legal validity.

Always ask for the number and exact date of the planning permission: both these details must be included in the body of the contract, not just on a sales brochure.

Form of the booking confirmation

The booking contract may take one of two forms: a notarial deed, drawn up by a notary, or a document with a certified date, the date of which is indisputably fixed. This choice determines the evidence of the date of conclusion, which in turn triggers the one-month withdrawal period.

This form is distinct from that of the preliminary sale agreement that will follow: the latter must be drawn up as a notarised deed or a document with a certified date, drawn up by an authorised professional.

Finally, compile the details relating to the parties: the full identities of the seller and the buyer, and their respective addresses for service. This information, together with the amount available for a deposit – which must never exceed 5 % of the total price – must be clarified before any documents are signed.

Step 1: Check the mandatory details in the booking contract

Once the planning permission has been confirmed, the next step is to check the contents of the contract, clause by clause. The Code of Obligations and Contracts, through the reference in Article 618-3 ter to the paragraphs of Article 618-3 bis, sets out a precise list of mandatory information.

• Identification of the property: title reference, real rights, and any charges or easements encumbering the land on which the riad is to be built.
• Location, description and approximate area of the proposed riad: levels, courtyard, terrace, location within the overall project.
• Final selling price per square metre and payment terms, which are finalised at this stage, without reference to a scale that may be amended at a later date.
• Delivery time as stated, which must be clearly set out, without vague wording such as ‘estimated delivery subject to progress’.

For social housing, a specific all-inclusive pricing rule applies; however, this does not apply to the majority of luxury riad projects, where prices are set on a case-by-case basis.

Step 2: Limit the booking deposit to 5 % and check the dedicated bank account

The amount required upon signing the booking agreement is strictly regulated. Article 618-6 sets a ceiling: the purchaser may not pay more than 5 % of the total price upon conclusion of the booking contract. A developer who demands 10 % or more to secure the riad is engaging in a practice that exceeds this legal limit.

Nor can this payment be retained at the seller’s discretion. The funds must be paid into a special bank account held in the seller’s name, separate from their day-to-day cash flow. In return, the buyer receives a proof of submission, a document you should keep as it serves as proof of payment and the date of payment.

Until the withdrawal period has expired, these sums may neither be used by the seller nor seized by the seller’s creditors. This rule protects the buyer during the most uncertain phase of the project, when the riad still exists only on paper.

Step 3: Find out the cancellation period and the maximum booking duration

How long do you have to withdraw from a VEFA booking? The purchaser has a withdrawal period of up to one month from the date the booking contract is concluded. If they exercise this right, the seller must refund all sums paid no later than seven days after the withdrawal is exercised.

The reservation agreement itself has a limited duration: it cannot remain valid for more than six months, and this period is not renewable. On expiry, there are only two legally possible outcomes: either the parties sign the preliminary sale agreement, or the buyer withdraws from the contract and recovers all sums paid in advance. A clause providing for a tacit extension beyond six months would fall outside this legal framework.

In the transactions we review for non-resident buyers, I regularly come across confusion between the one-month cooling-off period and the six-month validity period of the reservation agreement: these are two separate mechanisms, and only the latter determines the deadline by which you can still wait to sign the preliminary contract without losing your deposit.

Claire Emeriau

Step 4: Plan the payment schedule right up until the riad is handed over

The payment schedule for a riad sold off-plan follows a specific legal sequence, based on the actual progress of the building works. No payment may be made outside this sequence.

Prohibition on any advance payment

Section 618-8 lays down a strict rule: any payment made before the signing of the preliminary contract of sale, or before the signing of the reservation agreement where one exists, is null and void. A payment requested in advance, in the form of an informal deposit or a direct bank transfer without a signed contract, exposes the buyer to the risk of a total loss.

Construction phases and maximum percentages

Once the preliminary contract has been signed, payments are made in line with the progress of the works, subject to the legal limits laid down in Article 618-6.

Statutory time limit laid down in Article 618-6 of the Moroccan Code of Obligations and Contracts, source: ANCFCC, accessed on 2 September 2026.

The rate applicable upon signing the preliminary contract depends on whether or not a reservation has already been made: 5 % if a reservation contract preceded the signing, 10 % if not. A payment of 10 % is then made when work commences, before the instalment of 60 % is spread across the three phases of the build: foundations up to the ground floor, structural work on the entire building, then finishing works and obtaining the occupation permit or certificate of compliance. The balance of 20 % is only due upon signing the final contract, at the same time as the handover of the keys.

Step 5: Request financial guarantees and check the tender specifications

In addition to the payment schedule, two categories of documents protect the purchaser against the project not being completed or the riad not meeting the agreed specifications upon handover.

Money-back guarantee

The preliminary contract of sale must specify the exact details of a guarantee: either a guarantee of completion of the works, or a money-back guarantee sums payable in the event of non-performance by the seller, or equivalent insurance. This requirement is set out in paragraph 8 of Article 618-3 bis; whilst it is not one of the details required to be included in the booking contract alone, it must appear in the subsequent preliminary contract.

These references alone are not sufficient: Article 618-9 requires the seller to to actually constitute this guarantee following the signing of the preliminary contract, rather than merely a statement of intent. Verifying that the guarantee actually exists, and not just that it is mentioned in the contract, is a check that the notary or the drafter of the deed is best placed to carry out.

Specifications and attached plans

The seller must draw up a specifications in accordance with the approved architectural plans, as set out in Article 618-4. For a riad, this document is particularly crucial: the materials for the roof terrace, the design of the patio, the sanitary facilities and the interior finishes account for a significant proportion of the budget. Vague specifications leave the buyer vulnerable to substandard work, which is difficult to challenge after the fact.

These terms and conditions must be signed by both parties, together with certified signatures, after it has been submitted to the architect for information. The purchaser must receive a copy of it certified true copy. You should also ask the drafter of the deed for a copy of the architectural plans bearing the ‘ne varietur’ stamp, the reinforced concrete plans, and the documents relating to the bank guarantee, surety or insurance mentioned above.

Step 6: Check the delivery time clauses and penalties for late delivery

The preliminary contract must specify a precise delivery date. The seller may only grant themselves an extension of more than six months on one condition: that they inform the buyer at least one month before the expiry of the initial deadline, in accordance with Article 618-7. You should therefore check that the clause clearly distinguishes between three elements: the original date, the possibility of an extension limited to six months, and the method of notification of such an extension.

In the event of a delay attributable to the seller, compensation is payable: 1 % per month of the amount owed by the purchaser, subject to a maximum of 10 % per year. This penalty only applies one month after receipt of a formal notice, served in accordance with the procedures laid down in the Code of Civil Procedure, pursuant to Article 618-12. A simple reminder email is therefore not sufficient to trigger this penalty.

If, despite this six-month grace period, the seller still fails to meet the agreed deadline, the buyer is entitled to termination without the employee having to pay compensation, in accordance with section 618-14. He is then entitled to compensation equal to 20 % of amounts already paid, as compensation for the loss suffered as a result of the delay.

Step 7: Securing the land and understanding the transfer of ownership

The latest series of checks focuses on the property itself and on the exact moment when the purchaser becomes the legal owner of the riad.

Verification of land title prior to commitment

Before making any commitment, ask for a title deed from the National Agency for Land Conservation, Cadastral Registration and Cartography (ANCFCC). This document certifies the legal and physical status of the property as at the date of the application: title, charges, registrations and any easements. It enables you to verify that the land on which the riad is to be built does indeed belong to the seller offering the booking.

For a registered property, where the advance payments made exceed 50 % of the sale price, the purchaser may request a pre-booking upon production of the preliminary contract, in accordance with section 618-10. This provisional registration protects the purchaser’s priority until the sale is definitively registered; any clause to the contrary shall be null and void.

From a residence permit to the transfer of ownership

The riad is not legally recognised as completed only after the occupation permit or certificate of compliance has been obtained, in accordance with Article 618-15. This stage is a prerequisite for the signing of the final contract, which also requires a certificate from the architect attesting to the completion of the works and compliance with the specifications, as well as, for a registered building, separate title deeds where the project so requires, in accordance with Article 618-16.

Does receiving the keys mean that I become the owner of the riad? No. In the case of a registered property, ownership is only transferred to the purchaser at the time of the’registration of the final contract, or the final judgement, in the land registers, in accordance with section 618-20. The physical handover of the keys does not, in itself, constitute a legal transfer of ownership.

Common mistakes to avoid before signing

Certain errors recur regularly in booking files for riads booked online, often due to a lack of information about the Moroccan legal framework rather than any bad faith on the part of the seller.

• Sign before the planning permission is granted: the transaction is then void, regardless of the developer’s apparent good faith.
• Agree to pay more than 5 % of the price at the time of booking, or any payment made prior to the relevant signing: such payments are legally null and void.
• Failure to check that a licence number is present and the mandatory details relating to the property, the land and the price within the body of the contract itself.
• Failing to request a receipt of submission and proof that the funds have indeed been deposited into a special bank account in the seller’s name.
• Forgetting to check the completion or money-back guarantee in the preliminary contract, even though it is a condition for protection in the event of non-completion.
• Confusing the handover of the keys with the legal transfer of ownership, which only comes into effect upon registration of the final contract in the land register.

Practical tips for securing your booking

Have the contract checked by a Moroccan notary Taking precautions before signing remains the most effective course of action, particularly for a non-resident buyer who may not be fully familiar with the intricacies of the Civil Code. The notary can confirm the current legal version of the VEFA legislation applicable to your specific arrangement: the regime currently referenced by the National Agency for Land Registration, the Land Registry and Cartography is based on Law No. 44-00, as amended and supplemented by Law No. 107-12 with effect from 3 February 2016. This institutional reference does not exempt you from checking, on the very day of signing, the Official Gazette and the exact applicability to the arrangement chosen for your riad.

Request a certified true copy of each document attached to the contract: specifications, architectural plans, reinforced concrete plans and warranty certificates. Always keep all deposit receipts and payment schedules: these are the only tangible proof that each payment complies with the legal limits throughout the construction project, from the initial deposit right through to the final balance on completion.

Once these clauses have been checked, bear in mind that the legal certainty of the contract says nothing about the economic viability of the transaction: the advertised price per square metre and the expected profitability of a custom-designed riad with 1 bedroom and 1 bathroom are assessed separately, based on market data specific to each neighbourhood and each property type, before any financial commitment is made.

See also: Investing in a 1-bedroom, 1-bathroom riad: off-plan or existing – which option should you choose?.

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