Buying land in Morocco to build a property is a dream for many foreign nationals. However, it is important to know that Moroccan law very strictly regulates this type of real estate transaction, especially when the land is not located in an urban area. Indeed, the Kingdom wants to encourage the development of agriculture and therefore wishes to protect its agricultural land from real estate speculation. It is with this in mind that the VNA comes into play, a key for foreign nationals who wish to buy land in Morocco outside an urban area.
VNA: non-agricultural land use certificate
The VNA certificate is mandatory for foreign nationals who wish to acquire land located in an agricultural area. It is associated with the land and not with the real estate project.
Moroccan law prohibits foreign nationals from acquiring agricultural land. This prohibition also applies to companies whose capital is wholly or partially held by one or more foreign shareholders.
To counter this prohibition and buy land in a rural area, foreign nationals must obtain a certificate of non-agricultural land use (AVNA). Without this precious key, no construction can be made, even if the land is titled. The latter can neither be sold nor rented until the VNA of it is officially certified.
This VNA condition in Morocco does not apply to land located in urban areas. The latter can be purchased by foreign nationals. Their lack of agricultural vocation is related to their location in the heart of an urban area.
The procedure for obtaining a certificate of non-agricultural land use (VNA)
Obtaining a non-agricultural land use certificate is a long and tedious procedure with an uncertain outcome. If you wish to undertake these steps, here are the formalities to complete:
- Submission of the AVNA application file to the CRI (Regional Investment Center): the requested documents must be submitted in 2 original copies and 9 duplicates. They must be submitted both in paper format and in digital format (CD-Rom).
- Preliminary examination of the file by the CRI, which must then send the file to the competent ministerial bodies.
- Meeting of the local investment commission to examine the file.
- Commission's opinion.
In the event of a favorable opinion from the local investment commission, the VNA certificate issued is not definitive. It is temporary, which means that obtaining the definitive VNA is not fully guaranteed. Furthermore, it should be noted that this provisional certificate is personal. It includes a prohibition on alienation and a termination clause that do not allow the investor or project holder to change before the completion of the investment project. It can in no way be transferred to a third party.
The provisional VNA certificate is not sufficient to sell or rent the real estate property. It is advisable to wait for the definitive certificate, which will only be issued when the real estate project has reached its completion and its non-agricultural vocation has been confirmed after a new investigation by the inspection commission. Moreover, the title deed issued by the Land Registry Agency contains a termination clause and a prohibition on alienation. This means that if the investment project is not completed within the allotted time, and in the absence of obtaining the definitive confirmation of VNA, the land title may be subject to a resolution of the acquisition deed by the Moroccan State, which could then recover the property.
