Africa - Self-Generation of Electricity in Morocco: 5 Questions to Assess Your Project Following the Publication of the New Regulatory Framework

Two major texts have just been published simultaneously: Decree No. 2-25-100 of 5 March 2026 and ANRE Decision No. 04/26. Together, they finally make Moroccan Law No. 82-21 on self-generation of electricity fully operational.

These publications do not apply solely to projects currently in the planning stages. They also require existing installations to comply with the law, as expressly provided for in Article 33—the implementation of which had previously been suspended pending the publication of this decree.

Effective date: 9 June 2026. The deadline is rapidly approaching.

Here are 5 questions to quickly assess the status of your project.

1. Is your installation under the right regulatory scheme?
The decree distinguishes three schemes based on installed capacity:
•    Is your installation less than 11 kW and connected to the low-voltage grid? → Declaration scheme.
•    Is it between 11 kW and 5 MW? → Connection Approval scheme (LV/MV grids).
•    Does it exceed 5 MW? → Authorization scheme (MV, HV, or EHV grids), requiring a complete application to be submitted to the decentralized offices of the Ministry of Energy Transition.

Incorrect classification exposes you to procedural risks and can significantly delay commissioning.

2. Have you factored administrative timeframes into your schedule?
The decree establishes specific timeframes, which are cumulative:
•    Verification of grid capacity: 15 to 30 days depending on the scheme.
•    Issuance of the approval or construction permit: 30 days.
•    Mandatory technical study, at the applicant’s expense: up to 3 and a half months.
•    Construction work: 2 years from the date of the grid connection agreement.

Are these timeframes reflected in the contractual commitments and agreements you have already signed?

3. Is your application package complete?
For installations of 5 MW or more, the decree requires a substantial application package. Have you gathered:
•    Identification and property ownership documents for the site?
•    The electricity consumption report for the last three years?
•    The connection diagram and site layout plan?
•    Detailed technical specifications of the equipment?
•    The environmental impact study?

This last point is often underestimated in project timelines. Its review can take several months.

4. Does your project’s financial viability take into account the recently published feed-in tariff?
ANRE Decision No. 04/26 finally clears up the uncertainty regarding the tariff applicable to the sale of surplus energy (capped at 20% of annual production):
18 cDH/kWh during off-peak hours
21 cDH/kWh during peak hours

Do your initial financial assumptions still hold up with these parameters?

5. If you have an existing facility, have you begun the compliance process?
Article 33 of Law No. 82-21 expressly provides for a transitional regime for installations that were already in operation prior to the decree’s entry into force. 

Until now, its practical implementation had been impossible due to the lack of implementing regulations.
•    Have you identified the scheme applicable to your existing facility?
•    Have you assessed the steps that need to be taken by 9 June 2026?
•    Are your existing contracts and agreements compatible with the new requirements?

Failing to plan for this step exposes you to non-compliance once the decree takes effect.

Fidal Africa’s energy law and business law teams support companies at every stage of their self-generation projects, from initial structuring to bringing existing facilities into compliance.