Can Foreigners Buy Property in Mauritius? The Legal Rules

Foreigners can buy certain property in Mauritius, but they do not have the same unrestricted access to immovable property as citizens. The Non-Citizens (Property Restriction) Act governs the position, with approved schemes, qualifying apartments and specific approval routes forming the usual pathways. The property, buyer and transaction structure must be checked before commitment.

The restriction on acquisition by non-citizens

The Act treats “property” broadly. It covers freehold and leasehold immovable property and can also reach an interest acquired through a company, partnership, société or trust. A structure that appears to be a company investment can therefore be a property acquisition in substance.

This is why a foreign buyer should not rely on an estate agent’s description alone. Ask what exactly is being bought, who will hold it and whether any party is a non-citizen for the Act. The rules can apply to beneficial interests as well as to the name written on a deed.

When Economic Development Board approval is required

The Economic Development Board (EDB) publishes application routes for several permitted acquisitions, including residential units in approved schemes and qualifying apartments. Other transactions may require a certificate of approval from the Prime Minister’s Office. The route is determined by the type of property and right being acquired, not by a marketing label.

Approval should be an express condition of the transaction, with a clear consequence if it is refused or delayed. Keep the application, authority, payment trail and final notarial deed together. The EDB may impose conditions and the authorisation should be read with the sale documents rather than treated as a formality.

Approved schemes and eligible developments

IRS, RES, IHS, PDS and Smart City developments have their own regulatory regimes. A development advertised as “foreign-buyer friendly” should still be matched against the current approved project and the exact unit offered. Read our fuller guide to the Property Development Scheme before reserving an off-plan unit.

Terms affecting payment currency, financing, completion, resale and residence may differ by scheme and by the date of the first sale. A buyer should receive the development approval, proposed contract and specifications early enough to ask questions before funds are committed.

Apartment acquisition in multi-level developments

The EDB states that a non-citizen may acquire an apartment in a condominium development of at least two floors above ground (often called G+2), with prior EDB approval and subject to the current price threshold. That rule is not a licence to buy every flat. It is essential to confirm the building classification, approval process and eligibility of the particular purchaser.

Where residence is part of the attraction, distinguish it from title. The official guidance provides a residence-permit route for certain qualifying residential acquisitions, but immigration conditions, documentation and continuing ownership all matter. See also our general guide to the property purchase process.

Leases and other rights over property

A long lease, option, usufruct or shareholding can be as important as a sale. EDB guidance distinguishes, for example, residential tenancies of limited duration from longer rights, and business leases from residential arrangements. Do not call an arrangement a “rental” and assume the Act cannot apply; analyse its actual legal effect.

This is particularly important for business premises, family arrangements and nominee proposals. A compliant transaction should transparently identify the real purchaser and the right being created. Attempts to circumvent the legislation can create a problem for both buyer and seller.

Consequences of acquiring without approval

The Act provides serious consequences for contravention, including that an acquisition made without the required certificate may be null and void. The financial effect can be severe if money has already changed hands or construction has begun. A later dispute can involve the seller, developer, lender, notary and authority as well as the buyer.

There is no safe shortcut through side letters or informal promises. If a transaction becomes contentious, preserve the signed documents, messages, receipts and approval correspondence promptly. A cross-border dispute may also raise issues addressed in our guide to foreign-party contract disputes.

Due diligence before you commit

Before a reservation, identify the seller, title, plot or unit, scheme approval, planning position, proposed completion date, charges and the authority needed for your purchase. Use a notary for the deed and registration process, and ask who is acting for whom. A barrister can advise independently where risk, contractual terms or an emerging dispute needs analysis.

Be wary of pressure to send a “refundable” deposit before the route is documented. A properly drafted reservation should say what happens if approval, finance or a specified condition fails. More information for overseas buyers is collected on our expat page.

This article is general legal information for Mauritius, not legal advice. For advice on your situation, consult a barrister.