Works on common areas in Moroccan condominium
A co-owner cannot do as they wish on common areas — even if they touch their own lot. Regime of authorisations, required majorities, civil and criminal sanctions, restitution procedure under Law 18-00 modified by Law 106-12.
Law 18-00 (Dahir 1-02-298 of 3 October 2002), modified by Law 106-12 of 2016, defines two categories of immovable parts in a condominium: private parts and common parts.
Authorisation regime by works nature
Routine maintenance — under syndic management within approved budget. Conservation necessary works — simple majority of co-owners present or represented at general assembly. Improvement works — qualified majority typically three quarters of votes. Works affecting structure or building external appearance — unanimity or very large majority per bylaws. Works affecting private rights — express agreement of the co-owner concerned plus majority.
Unauthorised works — sanctions
Co-owner conducting works on common areas without required authorisation faces: restitution action by syndic or any co-owner — first instance court seising. Summary proceedings to halt ongoing works. Compensation of prejudice suffered by syndicate or other co-owners. Bylaws sanctions (contractual penalties, use restrictions). Urbanistic sanctions if works needed a permit not obtained (article 28 Law 12-90). Criminal sanctions in some cases (intentional infringement of another's property).
Typical litigation cases
Façade modification — air conditioner installation, commercial sign, balcony enclosure. Façade is common area, authorisation required even if balcony « belongs » to lot. Load-bearing wall opening — affects structure, qualified majority + mandatory technical study. Common area appropriation (privatised garden, enlarged landing for single lot) — infringes undivided right of other co-owners. Story or mezzanine addition — major works requiring unanimity and permit. Elevator or collective system modification — authorisation and tender if collective financing.
Restitution procedure and expert role
Sequence: (1) Bailiff statement on site. (2) Formal notice to faulty co-owner. (3) GA convocation to decide on judicial action. (4) First instance court seising in summary or substance. (5) Judicial expertise often ordered — prejudice quantification and restitution cost. (6) Judgment and forced execution. Independent expert role: ascertaining common areas state before and after; evaluating prejudice; quantifying value loss on other lots; documenting bylaws and urban permit conformity.
- Works qualified by nature (entretien/conservation/amélioration/structure)
- Required majority identified
- GA authorisation obtained before starting
- Urban permit verified if needed
- Bylaws compliance checked
- Bailiff statement if unauthorised works started
- Works started without GA authorisation
- Façade modification without majority vote
- Structural intervention without technical study
- Common area privatised without unanimity
FAQ
Can I install a balcony enclosure without authorisation?
No — the façade is a common area even if the balcony is private. Modifying the façade requires general assembly authorisation. Lack of authorisation exposes you to restitution action and sanctions.
What's the cost of a restitution procedure?
Variable per complexity. Bailiff statement ~MAD 1,500-3,000. Independent expertise ~MAD 3,500-10,000+. Lawyer fees variable. Total often MAD 15,000-40,000 for full procedure. Often recoverable from faulty co-owner with judicial decision.
Related reading
👉 Our service : condominium expertise services.
📚 All our articles : real estate insights blog.
Unauthorised works on your condominium?
RICS Red Book expertise quantifying prejudice. From MAD 3,500 excl. VAT.
Request condominium expertise →