Stone Investment
Foreigner's Guide to Property Acquisition
Acquisition and lease of immovable property by non-citizens for business purposes in Mauritius — based on EDB guidelines (January 2025)
Whilst care has been taken to ensure that the information provided herein is accurate and correct at the time of publication, users are advised to seek guidance from the Economic Development Board in case of uncertainty. The EDB shall, in no circumstances whatsoever, be held liable to any person arising from use of information contained herein.
1. Acquisition of Immovable Property by Non-Citizens
The purchase or acquisition of immovable property in Mauritius is regulated under the provisions of the Non-Citizens (Property Restriction) Act.
A non-citizen can hold or purchase or acquire immovable property in Mauritius only after obtaining the required approval or authorisation to acquire that property.
What Is an Immovable Property?
- A plot of land (freehold or leasehold)
- A building
- Part of a building
Consequences Without Approval
Any of the following without required approval is considered void and of no effect:
- Transfer or vesting of immovable property where a beneficial interest is held by a non-citizen
- Transfer of shares to a non-citizen in a company which includes immovable property
- Transfer or vesting of immovable property upon a trust with non-citizen beneficial interest
- Appointment of a non-citizen as beneficiary of a trust holding immovable property
Who Issues Authorisations?
A non-citizen who wishes to hold or acquire an immovable property requires an authorisation under the Non-Citizens (Property Restriction) Act. Authorisations are issued/granted by either:
Prime Minister's Office (PMO)
Certificate of Approval for acquisition of shares in a company holding freehold or leasehold immovable property
Economic Development Board (EDB)
- Rental of immovable property for residence exceeding 4 years
- Acquisition of freehold or leasehold property for business purpose
- Acquisition of G+2 apartments
- Acquisition under IRS, RES, PDS, IHS or Smart City Scheme
- Lease of property exceeding 30 years for business purpose
No Certificate of Approval or Authorisation Required For:
- Holding of immovable property for commercial purposes under a lease agreement not exceeding 30 years
- Holding of immovable property for residence under a tenancy agreement not exceeding 4 years
- Holding of shares in companies which do not own an immovable property
- Holding of immovable property by inheritance or effect of marriage
- Holding of shares in companies listed on stock exchange
Definition of Business Purposes
The Non-Citizens (Property Restriction) Act was amended in December 2016 to allow any non-citizen, with or without a registration certificate as investor, to purchase or otherwise acquire an immovable property for business purposes with the prior authorisation from EDB.
Business purposes include:
- Development of high activity commercial use buildings including shopping malls, office buildings or warehouses, for own use, sale, rental or lease
- Development of residential projects under the Smart City Scheme or Property Development Scheme
- Any other activity carried out for reward, gain or profit — excluding the acquisition for resale or lease of bare land or serviced land
2. Submission of an Application to the EDB
- 1All applications shall be made to the Chief Executive Officer of EDB.
- 2An application shall be considered as complete and ready for processing by EDB at the date by which all the required information, particulars and documents have been duly submitted.
- 3An application may be submitted by the applicant or a designated third party (notary, consultant, project developer, real estate agency).
Applications can be submitted either in hard copies at the head office of the EDB or through email at: hpd@edbmauritius.org
The EDB will acknowledge receipt of an application within 5 working days of submission. The timeline of determination is not prescribed as applications differ from one another. The EDB reserves the right to request additional information during determination.
3. Documents & Information Required
Mandatory Documents
An application form duly filled in and signed by the director of the company making the application
Certificate of incorporation and register of shareholders of the company
Business plan with full details on: background of shareholders/promoters, the project and implementation schedule, and project financing
A site plan drawn by a sworn land surveyor showing the extent and precise location of the property
A valuation report of the immovable property from a chartered valuation surveyor
A presale agreement (compromis de vente) between the vendor and the buyer endorsed by a Notary Public, or a letter of reservation in case of lease
Proof of funds emanating from a bank or qualified institution for acquisition and implementation of the project
Additional Documents
Where there shall be construction works, an Outline Planning Permission (OPP) from the local authority
Where an application is submitted by a third party (consultant), a Power of Attorney or mandate letter given by the applicant
In case of touristic activities (hotel development, pleasure crafts, restaurant, tour operators, etc.), a Clearance from the Ministry of Tourism
Documents by Applicant Type
Individual Non-Citizen
- Duly authenticated copy of passport
- KYC or bank reference from a recognised bank
- If acquired jointly: marriage certificate and certified copy of passport of spouse
Company
- Certificate of Registration/Incorporation under the Companies Act 2001
- Certified copy of register of shareholders and/or documents showing ultimate beneficiaries
- Authenticated copy of passport of shareholder(s)
- KYC or bank reference from a recognised bank
Société
- Evidence of file number with Registrar of Companies and deed of formation
- Status of the Société
- Authenticated copy of passport of active member(s)
- KYC or bank reference from a recognised bank
Trust
- Copy of the Trust deed
- Evidence from FSC that the trustee is qualified under the Trusts Act 2001
- Details of the beneficiary, trustee and settlor
- Authenticated copy of passport of each active beneficiary
- KYC or bank reference from a recognised bank
Foundation
- Charter of Foundation
- Registration certificate from the Registrar of Companies
- Details of the beneficiary, founder, secretary and council
- Authenticated copy of passport of each active beneficiary
- KYC or bank reference from a recognised bank
Limited Partnership
- Partnership agreement
- Registration certificate from the Registrar of Companies
- Authenticated copy of passport of active partner(s)
- KYC or bank reference from a recognised bank
4. Conditions Attached to the Acquisition
The authorisation issued by EDB is valid for a period of 6 months and is generally subject to the following terms and conditions:
The immovable property shall be used exclusively for the purpose for which the authorisation was provided.
The company shall not transfer or use the property for purposes other than those specified without prior clearance of the EDB.
The company shall not dispose of the property at any time without prior approval from the EDB.
The shares of the company shall not be disposed of without prior approval of the EDB or PMO, as prescribed under the Act.
The company shall not engage in any form of property speculation whatsoever.
Land duties and taxes shall be paid on the present market value, which may be subject to review by the Registrar General.
All licences, authorisations, permissions, or consents must be obtained from relevant authorities prior to the start of operations.
Construction & Commencement Timelines
To complete construction and installation of plant/machinery from the date of deed signature (land acquisition)
To complete installation and start operations from the date of deed signature (building acquisition)
To complete installation and start operations from date of taking possession (VEFA acquisition)
Consequence for Non-Compliance
Under the Non-Citizens (Property Restriction) Act, any property held by a non-citizen without an approval or that does not meet a condition of the approval granted is considered void. The subject property is taken into possession by the Curator who has the obligation to cause it to be sold. The proceeds of the sale after deduction of all charges is paid to the non-citizen.
5. Duties and Taxes on Acquisition
| Duty | Payable By | Rate |
|---|---|---|
| Land Transfer Tax | Seller | 5% of property value |
| Registration Duty | Buyer | 5% of property value |
6. Resale (Disposal) of Immovable Property
The immovable property acquired shall be disposed of only after obtaining prior approval of the EDB.
The current owner will have to submit an application for no-objection to the disposal of the immovable property held. The details of the property and the subsequent buyer need to be provided through an application form.
The subsequent buyer will have to submit a new application for acquisition of property as per the previously outlined requirements, which will follow similar processing procedures.
7. Frequently Asked Questions
When is a company considered as non-citizen?
Are there any processing fees to be paid to the EDB?
Can a property be acquired for the development of office space for re-sale or lease?
Can a residence be acquired and converted into a commercial purpose building?
Should the non-citizen apply for an occupation permit as Investor after acquiring the property?
Should the promoter acquire the property first and then apply for permits?
Source: Economic Development Board — Acquisition and Lease of Immovable Property by Non-Citizens for Business Purposes, January 2025.
Economic Development Board, Ground Floor, 7 Exchange Square Building, Wall Street, Ebene, Republic of Mauritius. Phone: (230) 203 3800 | Email: hpd@edbmauritius.org | Website: www.edbmauritius.org
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