Real Estate & Property

SC Legal advises developers, investors, owners, lenders and tenants on Mauritian real estate law. We act on acquisitions and disposals of land and buildings, purchases by non-citizens, Property Development Scheme (PDS) and Smart City projects, off-plan sales, construction funding, commercial and residential leases, co-ownership and property disputes before the courts.

Real estate in Mauritius is governed by the Code Civil Mauricien, with statutory overlays on ownership by non-citizens, planning, land duties and development schemes. A transaction that ignores any of them can fail at the notary's desk.

What real estate work do we handle?

• Acquisitions and disposals of land, buildings and property-owning companies.
• Purchases of residential property by non-citizens under approved schemes.
• Structuring and documenting PDS and Smart City projects.
• Off-plan sales (vente en l'état futur d'achèvement, VEFA) and reservation contracts.
• Construction contracts, funding agreements and developer finance.
• Co-ownership (copropriété) rules and syndic arrangements.
• Commercial and residential leases.
• Land use, subdivision, planning and environmental compliance.
• Eviction, boundary, title and construction disputes.

Can foreigners buy property in Mauritius?

Under the Non-Citizens (Property Restriction) Act 1975, a non-citizen generally needs authorisation to acquire immovable property in Mauritius. The main exceptions are purchases under schemes approved by the Economic Development Board (EDB), such as the Property Development Scheme and the Smart City Scheme, and certain categories of apartments. A purchase above the qualifying amount under these schemes can also give the buyer a residence permit.

We check that the scheme and the unit qualify, review the developer's permits and title, and advise on the purchase structure, financing and succession issues for foreign buyers.

Development projects: PDS, Smart City and VEFA

For developers, a PDS or Smart City project involves the EDB approval, land and planning permits, the co-ownership rules, sale documents for buyers and, often, construction finance. Off-plan sales follow the VEFA regime in the Code Civil Mauricien, which protects buyers through rules on staged payments, completion guarantees and the transfer of ownership as the building progresses.

We draft and negotiate the reservation contracts, VEFA deeds, construction and funding agreements, and the documents that govern the completed development.

Leases

Commercial and residential leases are governed by the Code Civil Mauricien and, for certain premises, by the Landlord and Tenant Act 1999. We draft and negotiate leases for landlords and tenants, covering rent review, repairs, use, assignment, break rights and security deposits, and advise on the protection some tenants have against eviction.

Planning, environment and disputes

Development needs the right permits: a building and land use permit, subdivision (morcellement) approval where land is divided, and environmental clearance for projects that require it. We advise on the permits, on objections and appeals, and on compliance during construction.

When disputes arise, we act before the Land division of the Supreme Court and the Judge in Chambers, including in applications to recover possession of property and in claims on title, boundaries, construction defects and unpaid sale price.

Frequently asked questions

Can a foreigner buy property in Mauritius?

Generally only with authorisation under the Non-Citizens (Property Restriction) Act 1975, or under an exempt route such as a Property Development Scheme or Smart City project approved by the EDB, or certain categories of apartments. Some scheme purchases also carry a residence permit.

What is a Property Development Scheme (PDS)?

A PDS is a residential development approved by the Economic Development Board in which units may be sold to non-citizens as well as citizens. The EDB sets conditions on the project, the developer and the buyers.

What is a VEFA (off-plan) purchase?

A vente en l'état futur d'achèvement is a sale of a property still to be built, governed by the Code Civil Mauricien. The buyer pays in stages as construction progresses and acquires ownership of the completed parts, with statutory protections against developer default.

How does a landlord recover possession of a property?

The landlord terminates the lease in accordance with its terms and the law, then applies to court if the occupier does not leave. Urgent cases go before the Judge in Chambers. Some residential tenants have statutory protection under the Landlord and Tenant Act 1999.

Property raises questions in other areas too. See our pages on financing, dispute resolution and taxation, or contact us about your project.