Building permit for a pool in Morocco: what you need to know

It is the question we are asked right after the price, and often too late — sometimes once the earthworks have started. Here is what needs to be settled beforehand, so you do not end up stuck with a hole in the garden.

What the law says

The reference text is Law no. 12-90 on urban planning. Its Article 40 prohibits any construction without a building permit, in particular in urban communes, delimited centres and their peripheral zones, and also requires this permit for changes to existing buildings that affect the matters covered by the regulations. The permit is issued by the president of the communal council (Article 41). Outside these areas, particularly in rural zones, the regime may differ: ask your commune.

An in-ground or semi-in-ground pool is a structure. Assume it must be authorised before the first spadeful, and have this confirmed by the commune: it is not a formality to sort out afterwards.

Initial permit or modification request

If the pool was already included in the house’s initial permit, check that this permit is still valid: under Article 49 of the law, it lapses if foundation work has not started within one year. If the house is finished and the pool was not included — for example on a house you bought —, you need an authorisation to modify the existing building.

Where and how to file the application

Planning authorisation applications are filed on the digital platform Rokhas.ma, which the Ministry of the Interior asked in 2020 to become the single channel. The application is then examined by a committee that includes, among others, the prefecture or province, the commune and the urban agency: according to the general building regulations (Decree no. 2-18-577), the urban agency’s opinion is mandatory and the president of the commune must comply with it.

Using an architect registered with the Order of Architects is mandatory for any modification of an existing building that requires a permit (Article 50 of Law 12-90). The official list of documents is set by ministerial order, and an application missing a main document is inadmissible: your architect and the Rokhas platform will give you the up-to-date list.

It is something to plan for in the budget as much as in the schedule: architect’s fees and processing time are not last-minute adjustment variables.

Setbacks: no national figure

The distance to keep between the pool and the plot boundaries is not set nationally: it depends on the development plan and its regulations, zone by zone, and sometimes on the rules of your housing estate. Before finalising a plan, ask the urban agency for the planning information note (note de renseignements urbanistiques) for your plot.

On a generous plot, this constraint goes unnoticed. On a narrow one, it decides everything: it reduces the available width and changes the possible shape — it is one of the items that make up the price of a pool. This is exactly where a free form offers more leeway than an imposed rectangle.

Timelines

Decree no. 2-18-577 sets short processing times, which vary with the size of the project: a villa pool generally falls under the “small projects” procedure, which is quicker than the “large projects” one. If the committee asks for changes, the timelines restart on receipt of the corrected plans. Law 12-90 also provides (Article 48) that if the president of the communal council does not respond within two months of filing, the permit is deemed granted.

In practice, the real duration depends mainly on how the application is prepared. The useful habit: start the procedure alongside the design, not afterwards. And do not rely on tacit approval to start work: we advise you to wait for a written decision.

After the work

Article 55 of Law 12-90 prohibits using a completed building without an occupancy permit (permis d’habiter) or, depending on the case, a certificate of conformity. You therefore need to declare completion of the work and obtain this document: it certifies that the structure matches what was authorised.

Building without authorisation: the risks

Law no. 66-12 on the control and punishment of planning and construction offences, in force since 2016, has strengthened checks and penalties. Building without authorisation exposes you to prosecution, fines and even a demolition order.

And safety?

To our knowledge, no Moroccan law currently requires private pools to have a safety device, unlike France, where the law of 3 January 2003 requires one. The absence of an obligation changes nothing about the risk: a pool with a beach entry is all the more accessible because it has neither a ladder nor a high coping. Shallow does not mean safe: see the four safety devices and what they are worth.

What we advise you to check before signing

• The development regulations for your zone, in particular the required setbacks: that is what the planning information note is for.
• The co-ownership or housing estate regulations, if any: they can be more restrictive than the commune.
• The exact position of underground networks and of the plot boundaries.
• Who, the builder or you, handles the application and the architect’s fees. This must be written in black and white in the quote.

Better to know whether the planned location is compatible with the zone’s rules before designing the pool than in front of the committee.

Sources

• Law no. 12-90 on urban planning (consolidated text, SGG, in French)
• Rokhas.ma — filing planning applications
• Médias24 — Law 66-12 on the control of planning offences (in French)