1. The preliminary question: what is the purpose of the building?
Before any step, one point matters above all: the purpose of the building. The condominium bylaws — the founding document drawn up by notarial deed and filed at the land registry to be enforceable against third parties — set this purpose and the conditions of enjoyment of the lots. Three scenarios:
- Building for exclusive residential use — professional or commercial use is in principle excluded. A change of use then implies amending the bylaws, or even the purpose of the building.
- Building for mixed use — residential and activities are allowed, often with conditions (floors dedicated to retail on the ground floor, liberal professions tolerated, etc.). The bylaws set out the contours.
- Building for professional or commercial use — activity is the very vocation of the building; the limits then concern the type of activity (nuisance, safety).
The condominium bylaws here play the role of the private law of the building. To understand where they draw their authority and how to amend them, see our guide to condominium advisory in Morocco.
2. What a professional or commercial use changes
Why does the law take so much interest in the use of a private lot? Because a professional or commercial activity does not stay within the walls of the lot: it spills over onto the common areas and the life of the building.
- Passage and footfall — clients, patients or delivery drivers increase the flow in the corridors, the lift and the common entrance.
- Nuisance and safety — extended hours, noise, parking, waste management, fire safety linked to receiving the public.
- External appearance — a sign, a shopfront or signage affects the façade, which is a common area (see section 4).
- Image and quiet enjoyment — turning a residential building into a place of activity affects the living environment the other co-owners bought into.
It is precisely because the change of use produces these collective effects that it escapes the sole will of the lot owner.
3. The authorisation procedure at the general assembly
When the intended use is not immediately permitted by the bylaws, going through the general assembly is the obligatory route. Law 18-00 as amended by law 106-12 organises majority regimes according to the seriousness of the decision:
- Tolerance of a use compatible with the purpose (for example a liberal profession in a mixed-use building) — may fall under an ordinary majority of the votes of co-owners present or represented, subject to the clauses of the bylaws.
- Amendment of the condominium bylaws (use clauses, activity conditions) — falls under a qualified majority, more demanding.
- Change of the very purpose of the building (turning a residential building into an activity building) — touches the founding pact of the condominium and falls under unanimity.
The exactly applicable majority depends on the precise qualification of your project and the drafting of your bylaws. Have this point settled before the vote, with the syndic or legal counsel: a decision adopted by an insufficient majority is exposed to annulment.
The right reflex: read the bylaws at source, not the word-of-mouth version
Before signing a professional lease, buying to set up an activity or convening a general assembly, obtain the condominium bylaws filed at the land registry— not the summary given by the seller or the agency. It is the bylaws, and they alone, that say whether the use you plan is free, subject to authorisation, or prohibited. Many disputes arise from a buyer convinced they can « set up a practice » in a building whose bylaws in fact require exclusive residential use. Verifying the lot's legal situation is part of serious due diligence, on the same footing as checking the charges and the state of the building.
4. The frequent blind spot: sign, shopfront and façade
Even in a building where activity is allowed, one point is regularly forgotten: everything that touches the external appearance falls under the common areas. The façade is a common area, even if it borders a single lot. Putting up a sign, creating a shopfront, cutting a door to the outside or fixing commercial signage therefore requires an authorisation from the condominium — distinct from the authorisation concerning the use itself.
In other words, a trader may well be authorised to operate within their lot while having no right to install a sign on the façade without agreement.
5. The unauthorised change of use and its penalties
The riskiest scenario is that of the fait accompli: converting the lot and launching the activity without authorisation, betting that no one will react. Yet the syndic, like any aggrieved co-owner, has means of action:
- Formal notice to cease the unauthorised use and restore the lot to its lawful purpose.
- Action before the court of first instance — on the merits to stop the activity and obtain restoration to compliance, or in summary proceedings for urgent situations.
- Compensation for the loss suffered by the association or the other co-owners (disturbance of enjoyment, degradation of the living environment, impairment of the value of the other lots).
- Penalties set out in the condominium bylaws — contractual penalties, reinforced use conditions.
- Separate administrative risks — activity authorisations, planning or safety compliance possibly missing, to confirm with the competent authorities.
The cost of an unauthorised change of use is therefore not only legal: it is also an activity threatened with closure, a devalued lot that is hard to resell, and a risk that contaminates the security of the operation's bank financing.
6. Impact on condominium charges
The shift to a professional use raises the question of the allocation of charges. The principle remains: general charges are allocated according to each lot's shares, regardless of use. But an activity that places greater demands on the common areas (public footfall, lift, cleaning, caretaking, security) creates a legitimate tension with the resident co-owners.
- The condominium bylaws may provide for contributions or conditions specific to lots used for professional or commercial purposes.
- Failing that, a general-assembly decision may frame the use (hours, access, adapted contribution), subject to the required majorities.
7. Impact on the value of the lot — and why appraisal matters
The change of use plays on the value both ways, and that is where the real wealth issue lies:
- Value-enhancing effect — a commercial or tertiary use that is authorised and secured, in a suitable location (commercial ground floor, busy axis, sought-after mixed-use building), can increase the value and yield of the lot.
- Value-eroding effect — an unauthorised or contested use is a risk: threat of a cessation action, uncertainty over the durability of the activity, reluctance of buyers and banks. This risk translates into a discount and reduced liquidity.
In all cases, the value of a lot whose use is at stake is not read off a price-per-square-metre grid: it depends on its legal situation (purpose, bylaws, authorisations obtained) as much as on its location and condition. An independent appraisal report compliant with RICS standards incorporates precisely these factors — purpose of the building, use clauses of the bylaws, existing authorisations, state of the common areas — to establish a defensible value, whether to buy, sell, finance or settle a dispute. Cost: from 3,500 MAD excl. tax, report in 5 to 8 days (48-72 h express), firm quote within 24 h.
8. FAQ
Can you freely convert an apartment into an office or shop in a condominium in Morocco?
No. It all depends on the purpose of the building and the use clauses of the condominium bylaws. If the building is for exclusive residential use, professional or commercial use is prohibited without amending the bylaws, which falls to the general assembly. Obtain the bylaws filed at the land registry before any project.
What majority is required at the general assembly to authorise a change of use?
It depends on what the operation entails. A tolerance of a use compatible with the purpose may fall under an ordinary majority; amending the condominium bylaws requires a qualified majority; changing the very purpose of the building requires unanimity. Law 18-00 as amended by law 106-12 sets these regimes — have the applicable majority validated by the syndic or legal counsel before the vote.
What does a co-owner who changes the use of their lot without authorisation risk?
An unauthorised change of use exposes the owner to an action by the syndic or any co-owner before the court of first instance: cessation of the activity, restoration to compliance, compensation for the loss, and application of the penalties in the bylaws. Administrative or planning authorisations may also be missing, adding a separate risk to confirm with the competent authorities.
Does a professional use change the allocation of charges?
General charges remain allocated according to the lot's shares, but a professional use places greater demands on the common areas (passage, lift, cleaning, security). The condominium bylaws or a general-assembly decision may provide for an adapted contribution or use conditions. This is settled case by case, on the basis of the bylaws in force.
Is a separate authorisation needed to put up a sign on the façade?
Yes. The façade is a common area, even when it borders a single lot. Putting up a sign, creating a shopfront or commercial signage requires an authorisation from the condominium, distinct from the authorisation concerning the use of the lot. An authorised use does not amount to an automatic right to alter the façade.
A change-of-use project, or a contested use to quantify?
RICS-certified experts — we document the lot's legal situation and quantify the impact of a professional or commercial use on its value, with a report compliant with Red Book standards in 5 to 8 days (48-72 h express), anywhere in Morocco. From 3,500 MAD excl. tax.
Note: Regime under law 18-00 on the condominium status of built properties, as amended by law 106-12. The purpose of the building, the use clauses and the applicable majorities appear in the condominium bylaws specific to each building: confirm your situation with your syndic, your notary or legal counsel, and administrative authorisations with the competent authorities. To document the value of your lot and its legal situation, see our real estate appraisal page or the blog.