Understanding Mauritian Real Estate Laws and Regulations

Mauritius has quickly become a prime destination for real estate investments, drawing interest from both local and international buyers. The island's allure lies not only in its stunning beaches and rich cultural tapestry but also in its thriving real estate market. For those looking to buy or sell property in Mauritius, understanding the legal framework is essential. This guide delves into the key laws and regulations that govern real estate transactions on the island, offering valuable insights for prospective homeowners and investors alike.

The primary legal instrument governing real estate transactions in Mauritius is the Civil Code. However, several other laws and regulations play significant roles. The Non-Citizens Act regulates property ownership by non-citizens, allowing them to purchase property only under specific schemes or with special permission. The Landlord and Tenant Act governs rental agreements, ensuring both parties' rights and obligations are clearly defined. The Land Registration Act pertains to the registration of property transactions and the maintenance of land records, ensuring transparency and legal recognition of property ownership.

Mauritius has implemented several schemes to attract foreign investment in its real estate market. These include the Integrated Resort Scheme (IRS), which allows non-citizens to purchase luxury villas with resort-style amenities; the Real Estate Scheme (RES), which permits the acquisition of residential properties by non-citizens, often in gated communities; the Property Development Scheme (PDS), which replaces IRS and RES, providing more flexibility and encouraging sustainable development; and the Ground+2 Scheme, which enables non-citizens to buy apartments in buildings of at least two floors. Under these schemes, non-citizens can obtain residence permits by purchasing property above USD $375 000, making Mauritius an attractive destination for real estate investment.

Property transactions in Mauritius must be registered with the Registrar-General's Department. The process involves a Preliminary Agreement (CRP), a binding agreement between the buyer and seller outlining the terms of the sale, followed by a Deed of Sale, a legal document prepared by a notary detailing the transfer of property ownership. Before finalizing the purchase, non-citizens must obtain approval from the Economic Development Board (EDB). The application to the EDB includes submitting documents such as the buyer's identification, proof of funds, and the preliminary agreement. Once the EDB approves the purchase, the process moves forward to the notary.

Signing the deed of sale at the notary is a crucial step in the property acquisition process. The notary verifies all documents and ensures that both parties understand the terms of the sale. The deed must be signed in person in front of the notary, or a proxy can be appointed if the buyer or seller cannot be present. Once all parties sign the deed of Sale, it is registered with the Registrar-General, officially recording the transaction. This ensures that the transfer of ownership is legally recognized and that the buyer can take possession of the property without any legal complications.

Various taxes and fees are associated with property transactions in Mauritius. The Registration Duty is typically 5% of the property value. The Land Transfer Tax, paid by the seller, is usually 5% of the sale price. Notary fees generally amount to around 1.15% of the property value, while agency fees, often 2% to 3% of the sale price, are paid by the buyer. Understanding these costs is essential for budgeting and ensuring a smooth transaction. Additionally, property buyers should be aware of the VAT applicable to certain transactions, particularly new developments, which can add another 15% to the purchase price.

Mauritian banks offer mortgage financing to both citizens and non-citizens. Non-citizens can obtain loans up to a certain percentage of the property value, typically around 70%. It's advisable to consult with local banks to understand the terms and conditions of mortgage financing. The terms usually include an assessment of the buyer's creditworthiness, the value of the property, and the intended use of the property. Interest rates can vary, so it's beneficial to shop around and compare different offers.

The Landlord and Tenant Act governs rental agreements in Mauritius. Lease agreements must be in writing and clearly state the terms of the lease, including the rental amount and duration. While there is no rent control, landlords must adhere to the terms agreed upon in the lease. Landlords can only evict tenants through a court order, ensuring tenants' rights are protected. This legal framework provides security for both landlords and tenants, promoting a stable rental market.

When purchasing property through different vehicles such as companies, trusts, or partnerships, KYC documents are required. These typically include ID's for all directors, shareholders, or beneficiaries, proof of address, and the company's incorporation documents. For trusts, a copy of the trust deed and details of the trustee and beneficiaries are needed. Natural persons must provide KYC documents as well, which usually include a valid passport or national ID, proof of address (such as a utility bill or bank statement), and a bank reference or proof of funds. A complete list of required documents will be sent to each party at the start of the sales process. The aim of KYC documentation is to verify the identity and legitimacy of all parties involved in the transaction, ensuring compliance with anti-money laundering regulations. This process helps maintain the integrity of the real estate market and prevents fraudulent activities.

Whether you are buying your dream home or investing in a lucrative property, Mauritius offers a secure and attractive environment for real estate ventures. For personalized assistance and expert advice on Mauritian real estate, contact RE/MAX 24. Our team of experienced professionals is here to guide you every step of the way.