Aourir, Tamraght, Taghazout: A Lawyer for Property, Rentals and Tourism Businesses

North of Agadir, the coastline of Aourir, Tamraght and Taghazout has changed profoundly in just a few years: the Taghazout Bay resort, seafront residences and villas, guesthouses, surf camps, cafés and restaurants, not to mention the historic villages and their family land. This growth attracts Moroccans, Moroccans living abroad and many foreign nationals. It also brings very specific legal questions that are best anticipated.

Buying on the coast: extra checks

High prices and strong demand make a few checks essential before any purchase:

• the property’s status: land title, pending registration or unregistered land. On the hillsides and in the villages, a lot of land still rests on old deeds drawn up by adouls. See land title or melk land;
• co-ownership: family land often belongs to several heirs, some of whom live elsewhere. Buying from just one of them is risky. See inheritance and division;
• whether it can be built on: the development plan, permits and the specific coastal rules;
• compliance of the building: building and occupancy permits, especially for villas extended over the years.

For the full method, read buying property in Agadir, and for new developments, buying off-plan.

The coastline: legal protection to respect

The shore is part of the public maritime domain, and the coastal protection law protects the coastal strip by strictly limiting building there. Before buying land close to the sea or starting works on it, its situation under these rules must be checked. An unlawful building can lead to official reports or even demolition, with serious consequences for the buyer. Disputes with the authorities often go before the Agadir Administrative Court.

Renting to tourists: know the framework

Renting a flat or villa to holidaymakers and surfers is very common in the area. But tourist accommodation is a regulated activity: accommodation establishments such as guesthouses are subject to specific legislation, with obligations to declare, be classified and meet safety standards. Rental income must also be declared. Before starting a rental activity, have the right legal status for your project checked.

For long-term lets, the residential lease law applies: a written lease, an inventory of condition and a security deposit. See unpaid rent and eviction.

Surf camps, cafés and shops: setting up and protecting your business

Many tourism projects take the form of a small company: surf school, equipment hire, restaurant, shop. The key points are:

• choosing the structure and drafting the articles, especially between Moroccan and foreign partners: see setting up an SARL;
• the commercial lease for the premises, often with key money: see commercial leases;
• the licences required for certain activities;
• contracts with suppliers, agencies and platforms;
• employing staff, seasonal or permanent.

Foreign investors and Moroccans abroad

Foreign nationals can buy urban property and invest in a business in Morocco. It is advisable to fund the transaction by bank transfer from abroad and keep proof of it, so that the proceeds of a future sale can be repatriated. See investing in Agadir as a foreigner or Moroccan abroad.

Which court?

Civil, property and family disputes concerning these municipalities generally go before the Agadir courts: the Court of First Instance for most cases, the Commercial Court for disputes between businesses and the Administrative Court for disputes with the authorities.

A worked example

A foreign investor wants to buy a sea-view house in Tamraght, presented by the seller as his own property. The checks reveal that the property is unregistered and held in co-ownership by several heirs, some of whom live in Europe. Rather than walking away or taking a risk, the transaction is restructured: all the heirs take part in the deed, those living abroad through powers of attorney, the price is paid by traceable bank transfer and the buyer then applies to register the property. The purchase is secured and a future resale made easier. This simplified example shows how important checks are on the coast.

Key takeaways

• Check the land title, co-ownership and building potential before any purchase on the coast.
• The coastal strip is protected: find out before buying or building near the sea.
• Tourist accommodation is regulated and rental income must be declared.
• Fund your investment by transfer from abroad so you can repatriate the money later.

Frequently asked questions

Can I buy sea-view land near Taghazout as a foreigner?

Yes, if the land is urban and legally sound; agricultural land is subject to restrictive rules. The coastal rules must also be checked.

Should a holiday rental agreement be in writing?

It is strongly recommended: it sets the price, the duration, the deposit and the condition of the property, and makes disputes easier to resolve.

A lawyer for the coast north of Agadir

The office of Maître Said Laachili, based in Inezgane, assists individuals, investors and entrepreneurs in Aourir, Tamraght and Taghazout before the courts of Agadir, in real estate law, commercial law and for foreign clients and Moroccans abroad. To prepare a first discussion, read the legal consultation and lawyer in Agadir: the guide. A project on the coast? Contact the office.