The parcelling out or division of a plot of land consists in subdividing it into several parcels, the ownership of which is divided, between several people, into lots each comprising a share of the parent title. In this article, you'll find everything you need to know about parcelling out your land title: procedure, usefulness, price....
Why divide up land titles?
According to article 58 of law n°25-90, fragmentation is :
- any sale or sharing operation having as its object or effect the division of a landed property into two or more lots not intended for construction;
- any sale in undivided ownership of a landed property which would have the effect of attributing to one or less of the purchasers co-ownership rights whose equivalent surface area would be less than the surface area stipulated for land lots by town planning documents, and in the absence of such a stipulated surface area, less than 2,500 m².
A title can be split into several titles. However, this is subject to compliance with current laws and regulations. This operation begins with the preparation of a technical file by a land surveyor registered with theONIGT.
There are many reasons for wanting to divide a plot of land into several parcels. For example, heirs owning a large parcel of undivided land may wish to create several independent titles and leave the undivided ownership.
Often, the division of a plot of land arises when one of the co-owners wants to sell his or her share. Most buyers shy away from buying undivided shares, despite their sometimes attractive prices.
This operation can also be of interest when planning a sale, particularly in areas where the cost per hectare is very high. It can be easier to sell five plots of around 1 ha than one large plot of 5 ha, especially when there are several joint owners.
Is our land eligible?
Provisional division is a very common practice in Morocco. However, when parcelling out land titles, administrations are careful to ensure full compliance with the laws in force:
- Law n°25-90 relating to subdivisions, housing groups and subdivisions, promulgated by dahir n°1-92-7 of 15 hija 1412 (June 17, 1992) as amended and supplemented by law 66-12;
- Decree no. 2-92-833 of 25 rebia II 1414 (October 12, 1993) implementing law no. 25-90;
- Dahir n°1-60-063 of 30 Hijja 1379 (June 25, 1960) relating to the development of rural agglomerations, as amended and supplemented by law 66-12;
- Law 39-08 on the Real Rights Code, promulgated by dahir no. 1.11.178 of 25 hija 1432 (November 24, 2011);
- Organic law 113.14 on communes ;
- Law n° 34-94, promulgated by dahir n° 1-95-152 of 13 rabii I 1416 (August 11, 1995), relating to the limitation of the division of agricultural properties located within irrigation perimeters and bour development perimeters;
- Law 94-12 on buildings in danger of collapse and the organization of urban renewal projects;
- Decree 2.18.577 approving the RGC dated June 12, 2019 ;
- Decree no. 2-18-475 of 8 chaoual 1440 (June 12, 2019) setting out the procedures and conditions for issuing permits for repairs, regularization and demolition;
- Ministerial decree 3213.13 of 14 Nov 2013 instituting the one-stop shop;Joint decree of the Minister of TA, town planning, housing and urban policy and the Minister of the Interior n° 337-20 of 25 joumada I 1441 (21 January 2020) setting the documents making up the files required for authorization requests in application of the legislation relating to town planning and subdivisions, groups of dwellings and subdivisions as well as the texts taken for its application;
- Joint Order of the Minister of the Interior, the Minister of the AT, Urban Planning, Housing and Urban Policy and the Minister of Industry, Trade and the Green and Digital Economy No. 338-20 of 25 Jumada I 1441 (January 21, 2020) implementing dematerialized management procedures relating to the filing and processing of applications for authorizations, building permits and certificates of conformity and their issuance.
This is issued by the relevant urban planning authorities and requires a number of conditions to be met, principally the minimum parcel size depending on the location of your plot.
How do you divide the land? (2 stages)
A preliminary meeting with a geometric surveyor, which can be held in the field to explain your sharing project.
Don't forget to bring with you the basic documents that the surveyor must have before starting work on the parcelling technical file:
- Identification of the owners or their legal representative, or the authorized representative in the case of a company;
- Property information ;
- Cadastral map;
- Certificate of ownership;
- Information note
At the end of this first meeting, the Topographical Surveyor will draw up an assignment contract with a detailed fee proposal covering all his services.
Once the contract has been signed, the surveyor will take the necessary administrative steps to obtain an administrative certificate (land division authorization) from the municipality, and will then draw up the technical file and submit it to the land registry once the authorization has been received:
1. Request for an administrative certificate
During this stage, the topographical surveyor surveys all the details (buildings, easements, trees, utility poles, etc.) in order to draw up a parcelling plan according to your specifications on the ground.
Before submitting the parcelling application on the Rokhas platform, they ensure that all co-owners agree to the parcelling project.
2. Submission of technical file to the land registry
Once the attestation has been obtained. The land surveyor prepares and submits the parcelling technical file to the land registry, including the attestation.
Once the file has been validated by the land registry. The surveyor will submit all the necessary documents to finalize the procedure and proceed with payment of the conservation fees.
We also support our customers even after they have received their receipts, during the entire administrative process at the land registry.
How much does parcelling cost?
The cost of a parcelling operation depends on a number of factors that can have an impact on the amount of the fee:
- surveyor's fees: this professional sets his rates according to a fee guide;
- The number of child titles
- the complexity of the operation: it can be complicated by a lack of documentation, which also lengthens the operation and therefore its cost.
- Land registry fees
Contact us with the documents in your possession, and we'll be able to tell you the estimated budget for this operation.
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Need a topographical surveyor? Then welcome to HEXAGON GEOSURVEYS for your topographic plans, land delimitation, plot division, house layout or architectural survey.
Would you like an appointment, a quote or advice? Write to us and we'll be happy to advise you: (+212) 6 60 41 02 18 Monday to Friday.
how much does it cost to authorize parcelling?
Hello
I have in rural ground region Azilal of 15000m2 titrated with a house of 160 m2 a stable of 250m2
Je souhaite eclate le tire foncier pour donner à chacun de mes enfants sa part 3 fille un garçon je vous demande c'est faisable ou non
Thank you