The laws governing the acquisition and ownership of immovable property in Mauritius all essentially derived from France and are contained in the Mauritian Civil Code.
The usual process for a Mauritian to purchase property here would be first of all to enter into a pre-sale agreement subject to conditions precedent. Under that agreement, the vendor would irrevocably promise to sell, and the buyer likewise promise to buy, the property provided that certain requirements are fulfilled. Amongst those requirements would be the need for the vendor to demonstrate that the property is free from all mortgages and liens, that there is no dispute affecting the property, and that the property is free from third-party occupancy. A buyer might want to include a condition precedent as to the obtaining of loan financing for example. The pre-sale agreement is valid for a defined period of time, usually two to three months within which all conditions precedent have to be fulfilled. Once all the conditions precedent are met, the sale can be effectively completed by the signature of an authentic deed of sale and purchase at the office of a specific type of lawyer, i.e. the notary, who is the equivalent of the South African attorney and conveyancer.
As regards a South African buyer, the process would essentially be the same except for one aspect: an additional condition precedent in the pre-sale agreement would be the need for the South African to obtain a prior authorisation to purchase, which is delivered by a Mauritian authority called the Economic Development Board. This authorisation to purchase can only be obtained with respect to properties located within designated types of projects, i.e.:
- land, villas or apartments located only within projects benefiting from the Smart City, IRS, RES, PDS or IHS administrative status, or
- apartments within buildings that are located anywhere in Mauritius (even outside the above projects), provided that the building in question comprises at least a ground floor and two upper floors (G+2).
