Land spoliation: The proxy model now codified
Soon, powers of attorney drawn up on plain paper, particularly at the public writer’s office, will be a thing of the past. Powers of attorney, which were the main artifice used in cases of land dispossession, will now be standardized.
As of April 16, 2026, powers of attorney relating to real rights must be registered in the National Electronic Register, the maintenance of which has been entrusted to the Ministry of Justice
Indeed, the methods of organizing and maintaining the national register of powers of attorney linked to real rights and the national electronic register of powers of attorney have just been codified by decree of the Ministry of Justice No. 381.25 . The provisions are stated in decree No. 2.23.101.
The decree provides for printed templates for each operation relating to powers of attorney. These must now be used by users during the various stages of the life of a power of attorney: from its drafting to its termination, including its modification.
The first form concerns the template for filing the power of attorney with the local electronic platform that will be maintained by the Ministry of Justice as well as the receipt that will be given to the principal. The other three templates concern the registration of modifications, the revocation of powers of attorney and the extract from the online register.
Published in Official Gazette No. 7445 of October 16, 2025, the provisions relating to powers of attorney in matters of real rights come into force in six months.
This refers to April 2026. A period necessary for the implementation and putting online of the electronic platform.
The portal will be accessible to professionals concerned with real rights, in particular notaries, «adouls « (religious notaries), lawyers, etc. Individuals will also be able to access it provided that they are concerned by the content of the power of attorney and the transaction.
People who wish to acquire, for example, real estate through a person holding a power of attorney and who want to ensure this cannot consult the electronic register directly.
« Real rights can only be attested by authentic deed. This is why direct access has been prohibited for individuals. The national register of powers of attorney was established on the proposal of the College of Notaries, who in 2016 suggested amending the law on real estate companies and the law on powers of attorney to prevent land theft and false powers of attorney «, explained notary Abdellatif Yagou . Consequently, individuals will have to go through an authorized professional. The objective is to prevent attempts at real estate theft.
Hassan EL ARIF
