CHOICE OF LEGAL ASSEMBLY & FORMALITIES

The choice of the person or legal structure that carries out the real estate acquisition is quite extensive and makes it possible to adapt in fact to the particular situation of each purchaser and thus to optimize the assembly.

Whether for a property acquisition under the Property Development Scheme (PDS), Smart City Scheme (SCS), former Integrated Resort Scheme (IRS) or Real Estate Scheme (RES), Hotel Investment Scheme (IHS) or the acquisition of an apartment under the provisions of the Non Citizens (Property Restriction) Act amendment of December 2016,

Can buy a property, by submitting an application to the Board of Investment (BOI):

• A foreign national who does not have Mauritian nationality (Non-citizen of Mauritius) is a natural person,
• a Mauritian citizen residing in Mauritius or a member of the diaspora,
• a commercial company registered and registered in Mauritius, under the Companies Act 2001, (including in the case of PDS, IRS and RES a Global business company (Offshore Company) administered by a management company and holding a GBLC 1 licence under the Financial Services Act 2007),
• a foreign company registered and registered as such in Mauritius under the Companies Act 2001,
• a real estate civil company whose articles of association (deed of formation) have been filed with the "Registrar of Companies",
• a trust, provided that the administration of the trust is carried out by an approved trustee (a management company or a qualified natural person resident in Mauritius) approved by the Financial Services Commission, more rarely, a limited partnership under the Limited Partnerships Act or a foundation listed under the Foundations Act

For more details on the different types of commercial companies in Mauritius, the incorporation and registration formalities at the Registrar of companies, etc.....

See our section

 "Advice to Investors / Creation of Local Companies"

Any real estate acquisition by a foreigner for residential or professional purposes in Mauritius is subject to a request to the Board of Investment (BOI). As soon as the sale is officially registered by the notary, the purchaser may, if necessary, apply for a residence permit for himself and his family.

The acquisition may be financed in rupees or USD for non-citizens, by funds from abroad but these funds must be transferred to Mauritius through a bank whose reputation is recognised by the Bank of Mauritius.

Do not hesitate to contact us because depending on the situation of the buyer, the characteristics of the programme and the property, the procedure, the formalities and the documents to be provided may vary. The formalities and procedure for purchasing real estate under the IRS and RES status are similar to the one described below for the PDS programme.

In the case of a sale in a PDS programme, the promoter will have previously sent to the BOI a copy of the preliminary reservation contract for a sale in the future state of completion (CRP), a model contract of sale in the future state of completion of a detached house, the formal approval of a Mauritius banking institution concerning the guarantee of perfect completion, the co-ownership regulations and the specifications. In addition to the usual documents (entry visa to Mauritius, photocopy of passport, birth certificates, etc.), the file sent to the BOI must include a "Know Your Customer (KYC)" document, as the credit institution must check the identity and domiciliation documents before opening an account.

In the case of a sale in the future state of completion ("Vefa"), the preliminary reservation contract accompanied by the payment of a security deposit of 25% maximum will provide for a condition precedent linked to obtaining the authorization to acquire. The funds will be deposited in an escrow account ("Escrowaccount") opened by the promoter in the name of the purchaser.

For the acquisition of an apartment, the file can be transmitted by the buyer himself, or a designated third party: notary, real estate agency, project manager or a consultant. It will include in particular a promise to sell, also known as a "presale agreement", a memorandum from the notary certifying that the building meets the ground floor + 2 levels criteria, plans of the building, the bank's KYC document, a bank certificate specifying that the buyer has the necessary funds, additional documents if the buyer is not a natural person, and specific documents if the apartment is sold in vefa, on plans.