Complete Guide to AVNA in Morocco: Conditions and Procedures for Foreign Investors

Complete Guide to AVNA in Morocco: Conditions and Procedures for Foreign Investors

Buying land in Morocco is a dream for many foreign investors. However, it is essential to understand the strict rules governing this procedure, especially when the land is not located in an urban area. This is where the notion of Vocation Non Agricole (VNA) comes into play. The VNA is a crucial attestation for foreign nationals wishing to buy land outside urban areas.

In this article, we'll guide you through the AVNA application process, focusing on the documents required and the regulations in force. In addition, we'll look at the requirements for building on agricultural land in Morocco. Understanding these steps is essential to the success of your investment project. Stay with us to find out all the details you need to realize your dream of buying land in Morocco.

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AVNA (Attestation de Vocation Non Agricole) provisional

If you are planning to acquire agricultural land or land for agricultural use outside urban areas in Morocco, obtaining a provisional AVNA is the crucial first step. This certificate paves the way for the possibility of selling the land to a foreign investor for a project other than agricultural.

Conditions for obtaining Provisional AVNA

To compile your file, you will need to gather a number of supporting documents, including :

  • A formal request to the President of the Regional Planning and Investment Commission (CRUI), specifying the procedures and authorizations required.
  • Your formal commitment to meet the agreed project deadlines.
  • An information note detailing all aspects of your project.
  • Payment of the required fees to the Agence Urbaine, varying between 200 and 600 MAD.
  • A cadastral plan of the plot, with a fee of 60 to 115 MAD per cadastral drawing.
  • A site plan of the project.
  • A brochure explaining the nature of your project.
  • A recent certificate of ownership (less than 3 months old), a land lease, a sales agreement or any other document proving your connection with the land.
  • For a complete list of required documents, please refer to your personal investor area.

Legal References and Relevant Legal Texts

It is crucial to familiarize yourself with the legal references governing the procedure for obtaining provisional AVNA, in particular Dahir n°1-19-18 of February 13, 2019 reforming regional investment centers and creating unified regional investment commissions.

By scrupulously following these steps and providing the required documents, you can be sure of obtaining the provisional AVNA, an essential step towards making your investment project in Morocco a reality.

 

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Conditions for building on agricultural land

Now that you've obtained your provisional AVNA, it's crucial to understand the conditions surrounding construction on agricultural land in Morocco. This step is essential to ensure the success of your real estate project.

The importance of non-agricultural vocation

Moroccan law clearly states that foreign nationals are prohibited from acquiring agricultural land. This also applies to companies in which all or part of the capital is held by foreign shareholders. To get around this restriction, it is imperative to obtain an attestation of non-agricultural vocation (AVNA).

The Procedure for Obtaining Definitive AVNA

The provisional AVNA is only the first step. To be able to sell or rent the property, it is imperative to wait for the definitive AVNA. This will only be issued once the real estate project has been completed and its non-agricultural vocation has been confirmed following a further investigation by the commission de constat.

In addition, the title deeds issued by the Land Conservation Agency contain a resolutory clause and a prohibition on alienation. This means that, should the investment project not be completed within the allotted timeframe and in the absence of definitive confirmation from VNA, the land title could be rescinded by the Moroccan State, which would then reclaim the property.

Legal References and Relevant Legal Texts

To fully understand the conditions and regulations governing construction on agricultural land in Morocco, it is essential to refer to the relevant legal texts, such as Dahir portant loi n°1-73-645 du 11 rebia II 1395 (23 avril 1976) and its amendments.

By scrupulously respecting these conditions, you will ensure the success of your real estate investment project on agricultural land in Morocco.

Buying a home in Morocco

New Guidelines for Foreign Investors

Now that you understand the importance of AVNA for acquiring land outside urban areas in Morocco, let's explore the new guidelines that make this procedure easier for foreign investors.

Foreign Investment Facilitation

Until recently, investing in agricultural land in Morocco was a complex process for foreigners. However, a new joint circular has been issued by key ministries, opening up new opportunities for foreign real estate investment.

Clear conditions and strict guidelines

The circular lays down clear and precise guidelines for granting the AVNA. It requires strict compliance with legal conditions before issuing this certificate. In addition, the granting of the AVNA is now linked to the existence of a non-agricultural investment project, reinforcing the guarantee that the land will be used for purposes other than agriculture.

Geographical limits and mandatory consultations

The circular sets strict limits for areas with high agricultural potential, where the granting of AVNA may be restricted. In addition, the local investment commission must give its approval for the granting of the attestation to applicants wishing to acquire property located outside the urban perimeter.

Legal References and Relevant Legal Texts

It is essential to refer to the joint AVNA circular for a thorough understanding of the new directives. This also includes Law 131.12 on the principles for delimiting the territorial jurisdictions of local authorities.

By understanding these new guidelines, foreign investors can more easily navigate the process of acquiring land outside urban areas in Morocco. This opens up exciting new opportunities for real estate investment in the country.

Conclusion on AVNA:

In conclusion, a thorough understanding of Vocation Non Agricole (VNA) is essential to the success of your real estate investment project in Morocco. From obtaining provisional AVNA to building on agricultural land, every step is crucial to the success of your venture.

New guidelines recently introduced offer exciting opportunities for foreign investors, making it easier to acquire land outside urban areas. However, it is imperative to comply with the established conditions and regulations to ensure that your project runs smoothly.

If you have any further questions or if you are looking for personalized advice for your real estate investment in Morocco, please do not hesitate to contact us.. Our experienced Celestia Invest advisors are here to guide you through the process.

Don't wait to make your dream of real estate investment in Morocco a reality. Contact us today and let us help you realize your real estate plans.

Ready to make your Marrakech real estate dream come true? Fill in the form now and let Celestia Invest guide you to your ideal property in Morocco!

 

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References :

  • Dahir n°1-19-18 of February 13, 2019 promulgating law 47-18 reforming regional investment centers and creating unified regional investment commissions (B.O. 6754 of February 21, 2019).
  • Dahir bearing law no. 1-73-645 of 11 rebia II 1395 (April 23, 1976) relating to the acquisition of agricultural property or property intended for agricultural use outside urban areas.
  • Dahir portant loi n°1-76-537 du 26 safar 1397 (16 février 1977) modifiant le dahir portant loi n°1-73-645 du 11 rebia II 1395 (23 avril 1976) relatif à l'acquisition des propriétés agricoles ou à vocation agricole à l'extérieur des périmètres urbains.
  • Royal letter of January 9, 2002 to the Prime Minister on decentralized investment management (BO n° 4970 January 17, 2002).
  • Dahir n° 1-04-255 du 16 kaada 1425 (29 décembre 2004) portant promulgation de la loi de finances n° 26-04 pour l'année budgétaire 2005.
  • Dahir n°1-11-179 du 25 hija 1432 (22 novembre 2011) portant promulgation de la loi n° 32-09 relative à l'organisation de la profession de notaire.
  • Decree no. 2-13-424 of 13 rejeb 1434 (May 24, 2013) approving the general building regulations setting the form and conditions for issuing authorizations and documents required under the legislation relating to town planning and subdivisions, housing groups and subdivisions, as well as the texts issued for their application.
  • Circular from the Minister of Agriculture and Maritime Fishing No. 257 of March 21, 2014, on the urbanization of agricultural land.
  • Decree no. 2-13-18 of Ramadan 16, 1435 (July 14, 2014) of relating to land registration formalities (articles 27, 28 and 29).
  • Decree no. 2-16-375 of 13 Chaoual 1437 (July 18, 2016) setting the tariff for land conservation fees.
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