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Real Estate

The favourable Moroccan real-estate climate  

Available and attractive lands, tax incentives, a strategic location, the development of quality infrastructure, a dynamic tourism industry, the availability of a qualified workforce – all these major advantages make Morocco a great place to do business and a very popular country with foreign investors.  

However, the subtleties of Moroccan real-estate rules (including a plethora of legal statuses for the land reserve) and the complexity of regulations relating to real-estate investment and development, require support from experts at every stage of your project. With an in-depth knowledge of real-estate law and construction law in Morocco, our legal advisors work by your side to achieve your goals. 

The discipline required to meet the challenge 

The proposed procedure, the content of the various documents (particularly contracts), the type of actions and the approach to be implemented must be the subject of an extremely rigorous preparation by all participants in the project.  

Whether you are a bank, an investor or a real-estate company, a large company or an SME, a developer, an intermediary or a real-estate operator, we ensure you have an optimal understanding of the problems and challenges associated with your projects.  

Our practitioners in Moroccan real-estate law, legal experts and tax specialists are familiar with the risks and opportunities related to the specific characteristics of the market (e.g. tax and customs exemptions specific to certain free zones) and have a detailed understanding of the very specific legal and legislative framework governing tourist residences (RIPTs), co-ownership residences and hotel and tourist complexes. We are therefore able to advise and assist you in setting up and carrying out of all your real-estate projects in a very efficient manner  

Comprehensive “turnkey” assistance 

We have a vast range of specialist fields. Depending on your needs, we can assist you with: 

  • Financing and tax optimisation of your projects,  
  • Negotiation and conclusion of your investment agreements with the Moroccan State and all your contracts relating to real-estate projects (acquisition and sale, construction, real-estate leases, real-estate leasing agreements, etc.),  
  • Establishment of dedicated structures to contain and/or operate the project, 
  • Or the drafting and implementation of residential co-ownership regulations or specific regulations related to tourist or hotel complexes (including organisation of general meetings of co-owners). 

From planning to supervising implementation of your projects, via the negotiation of your agreements, the drafting of your contracts and the handling of relations with all the relevant participants (notaries, surveyors, valuers, administrative authorities, tax authorities, etc.), our legal and tax advisors will assist you with implementation of your project from the its start to its accomplishment. 

Besides our expertise and our significant experience in the field, our ability to put together multi-disciplinary teams, combining all the skills required to address each of your issues from a broad perspective, represents a crucial advantage in achieving your goals. The loyalty of our customers is the best indication of the quality of our commitment to them. 

Awards & Rank­ings

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01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
20/05/2022
Amended IC­SID Rules to enter in­to force on 1 Ju­ly 2022
On 21 March 2022, the Mem­ber States of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (IC­SID) ad­op­ted a com­pre­hens­ive set of amend­ments to IC­SID ar­bit­ra­tion and con­cili­ation rules (“IC­SID...
22/02/2022
New FID­IC Green Book Re­leased: a rival to the First Edi­tion Red and Yel­low...
FID­IC has re­cently pub­lished the second edi­tion of its Short Form of Con­tract, the “Green Book”, as an up­date to the 1999 edi­tion. This re­lease is im­port­ant not only in terms of the re­vised or new...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
28/04/2021
Chal­len­ging bond calls on in­ter­na­tion­al pro­jects: Eng­lish courts vs Emer­gency...
A re­cent de­cision of the Eng­lish Com­mer­cial Court has re­fused an ap­plic­a­tion for an in­junc­tion re­quir­ing a be­ne­fi­ciary un­der an on-de­mand bond to with­draw its de­mand and re­frain from mak­ing fur­ther de­mands...
07/04/2020
Mo­rocco : State health emer­gency
The King­dom of Mo­rocco has de­clared a state health emer­gency as from Fri­day, 20 March 2020 at 6 pm.Two texts have leg­ally im­ple­men­ted the state of emer­gency: De­cree-Law No. 2-20-292 of 23 March 2020 on...
27/11/2019
In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over an­cil­lary...
A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que...
04/11/2019
In­tro­du­cing the FID­IC Em­er­ald Book
Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...
24/05/2019
FID­IC claims no­ti­fic­a­tion pro­vi­sions: Hong Kong High Court guid­ance
A re­cent de­cision of the Hong Kong High Court has con­sidered the ef­fect of claims no­ti­fic­a­tion pro­vi­sions which re­quire a con­tract­or to state the con­trac­tu­al basis of a claim. Such a re­quire­ment now forms...
26/04/2019
Leg­al 500 EMEA 2019
The 2019 edi­tion of the Leg­al 500 EMEA guide is out. We would par­tic­u­larly like to thank our cli­ents for put­ting their trust in us! Our law firms’ rank­ings in France, Al­ger­ia and Mo­rocco France 5 in...
14/03/2019
Cham­bers glob­al 2019
The 2019 edi­tion of the Cham­bers Glob­al guide is avail­able. We thank our cli­ents for their trust and sup­port! Our law firm­'s rank­ings in France The re­cog­ni­tion of our law­yers en­ables our firm to con­tin­ue...
11/03/2019
Sup­port­ing you in your real es­tate and con­struc­tion pro­jects in Mo­rocco
Build­ing on its his­tor­ic­al ties with European coun­tries – re­in­forced by the As­so­ci­ation Agree­ment signed with the European Uni­on in 1996 – Mo­rocco is the second largest eco­nom­ic power in Africa.Many...