What is the Occupancy Permit?

The occupancy permit is an official document issued by local Moroccan authorities. It certifies that the construction of a residential building has been completed in accordance with the approved plans and current safety standards. This document is essential to ensure that future residents can live in decent and safe conditions. Without this permit, it is illegal to occupy the building for residential purposes.

On the other hand, the certificate of conformity is intended for non-residential constructions, such as hotels, commercial, or industrial buildings. This certificate certifies that the construction complies with the required standards for its intended use. Whether it's for a hotel for sale in Marrakech or a commercial center, this certificate is a necessary condition to legally operate the property.

Why is it necessary to obtain an occupancy permit?

The occupancy permit is required in several specific situations, including:

After the completion of construction

Any new residential construction requires an occupancy permit for the owners to legally occupy the property.

When applying for housing assistance

Housing assistance programs in Morocco, such as "daam sakane," require the submission of an occupancy permit.

For extensions or renovations

Any major modification to an existing building, such as an extension or major renovation, requires an update to the occupancy permit.

Steps to obtain an occupancy permit or a certificate of conformity

Submission of the application

The first step to obtaining an occupancy permit or a certificate of conformity is to submit a formal application to the President of the Communal Council or the President of the District Council. This application must include a declaration of completion of the works, often issued by the architect responsible for the construction, as well as a proof of ownership and other administrative documents.

Verification by local authorities

Once the application is submitted, the local authorities conduct a series of checks to ensure that the construction complies with the approved plans and safety standards. This process includes on-site inspections to verify compliance with current regulations, such as connections to water, electricity, and possibly telecommunications networks.

Issuance of the document

After verification, if everything is in order, the occupancy permit or certificate of conformity is issued by the President of the Communal Council. If irregularities are found, a justified refusal is issued, and corrections may be required.

It is important to note that these procedures must be carried out promptly. In the event of an unjustified delay or an unfounded refusal, the applicant may appeal to the competent local authority, as stipulated in Article 49 of the Dahir relating to municipal organization.

Special cases and exceptions

Some specific situations may require additional or special steps to obtain the occupancy permit or certificate of conformity:

Role of the architect

In some cases, the declaration of completion issued by the architect may be sufficient to obtain the occupancy permit without requiring a full inspection by local authorities.

Buildings subject to specific regulations

For certain types of buildings, such as those requiring telecommunications facilities, additional checks by competent services are required before the occupancy permit or certificate of conformity is issued.

Costs, deadlines, and validity

Costs

The application for an occupancy permit or certificate of conformity is generally free of charge. However, owners must pay the "social solidarity contribution on self-delivered construction for personal housing," a tax applied to the construction of personal homes. This tax is calculated based on the property's surface area, with an exemption for homes smaller than 150 m².

Deadlines

The standard processing time for an occupancy permit application is about one month. If no response is received after this period, the applicant may appeal to the competent authorities to move the process forward.

Validity

Once issued, the occupancy permit is valid for life. It does not need to be renewed unless major modifications to the construction are made, which would require a new inspection and validation by local authorities.

Consequences of not obtaining the permit

Occupying a home without an occupancy permit can lead to severe penalties. Offenders face fines ranging from 10,000 to 100,000 dirhams. Moreover, the absence of this document can complicate the sale or rental of the property, thus affecting its market value.

Conclusion

Obtaining an occupancy permit or a certificate of conformity is an essential step for any property owner in Morocco. These documents are not only a legal requirement but also a guarantee that the construction complies with safety standards and current regulations. Whether you are an individual looking for a villa for sale in Marrakech or an investor seeking to purchase a hotel for sale in Marrakech, it is crucial to ensure that all administrative documents are in order to avoid any future issues.

For more information or to assist you in your real estate endeavors, do not hesitate to contact a real estate agency in Marrakech that can guide and assist you through every step of your real estate project.