Moroccan Cassation rulings on real estate appraisal
Consolidated doctrine of Moroccan high courts on real estate appraisal. Seven structuring rulings defining rules applicable to any expert practising in Morocco in 2026.
These seven rulings define the consolidated cassation doctrine on real estate appraisal in Morocco. Memorise them — they're invoked daily in courts and in expert contestation.
Cass. Civile no. 61 of 27 February 1981 — 5-day summons rule
Structural precedent. Article 63 of Moroccan CPC requires expert to summon parties at least 5 clear days before operations by registered letter with acknowledgement. Cassation confirmed any late, mis-addressed or omitted summons renders the report null and challengeable. One of the most effective grounds to contest an expertise in Morocco 2026.
Cass. Penale no. 2443/7 of 11 December 1997 — strictly technical mission
An expert designated in forestry occupation case was interrogating parties and witnesses like an instruction judge. Cassation reminded the expert's mission is strictly technical — he ascertains, measures, materially qualifies, but never decides any legal question. Any overreach (property qualification, title validity) is challengeable. Articles 347 and 352 Moroccan CPP.
Cass. Civile no. 6517 of 22 October 1997 + no. 625 of 18 September 2002 — qismat al-usul partition
1997 Settat case: 6 brothers in indivision, expert pre-attributed lots. Cassation. 2002 case: 3 buildings, 5 heirs, expert directly attributed lots. Cassation. Consolidated doctrine: preliminary evaluation + drawing lots, OR public auction. Expert directly attributing without drawing violates qismat al-usul.
Supreme Court no. 176 of 13 June 1991 + Cass. Admin 2004 + 2007 — expropriation and urbanism
1991 Marrakech industrial zone (dossier 10394/89): conditions of DUP validity, cessibility act, sanction of public utility purpose diversion. Cass. Admin no. 1295 of 29 December 2004: construction prior to master plan can't be demolished on mere non-conformity ground. Administration must expropriate with fair and prior indemnity — not demolish. Article 28 of Law 12-90. Cass. Admin no. 394 of 25 April 2007: Article 28 of Law 12-90 — master plan DUP effects extinguish after 10 years. If administration continues occupation without finalised expropriation, indemnity due for use deprivation.
Consolidated doctrine — seven points
Summons ≥ 5 clear days (CPC art. 63). Strictly technical mission — no legal qualification. Succession partition — evaluation + drawing lots, never direct attribution. DUP in expropriation — strict framing, sanction of purpose diversion. Prior construction — no demolition, expropriation with indemnity. 10-year master plan delay — indemnity if exceeded. Occupation indemnity — judge's sovereign power on expert evaluation.
- 5-day summons rule respected (CPC 63)
- Mission strictly technical (no legal qualification)
- Partition: evaluation + drawing lots
- DUP validity verified
- Master plan 10-year delay tracked
- Adversarial principle observed throughout
- Methodology traced
- Expert engagement signed
- Summons under 5 days or not registered
- Expert ruling on legal qualification
- Direct lot attribution without drawing
- DUP extension beyond legal delay
FAQ
Are these rulings still applicable in 2026?
Yes — they constitute consolidated doctrine, regularly cited by courts and lawyers. New rulings have confirmed and extended these principles without overturning them. They form the bedrock of any defensible appraisal in Morocco.
Can I rely on these rulings if my appraisal is contested?
Yes — they're invoked daily as ground for contestation or as evidence of compliance. Citing the precise reference (court, ruling number, date) strengthens the legal argument substantially.
Related reading
- How to contest an appraisal in Morocco
- Expropriation procedure violation — remedies
- How to split undivided property in Morocco
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