Key amendments made by the Finance (Miscellaneous Provisions) Act 2022 in the Mauritius real estate and living in Mauritius sectors

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The Finance (Miscellaneous Provisions) Act 2022 came into force on 2 August 2022 and amended several statutory legislations to provide for the implementation of the measures announced in the financial budget 2022-2023. This note highlights some of the amendments or new additions made to the legal landscape of the Mauritius real estate and living in Mauritius sectors.

Non-Citizens (Property Restriction) Act

  • New insertions have been made to the Non-Citizens (Property Restriction) Act 1975 whereby the express authorisation of the Minister of Internal Affairs is now required for the winding-up of a “qualified entity”, which has been redefined as an entity that owns property in Mauritius and in which a non-citizen directly or indirectly owns or controls all interests.

    The legislation had previously been amended to provide for a control of property ownership in Mauritius, most specifically, acquisition and disposition of property by non-citizens. The new amendments will entail an even tighter grip on the control of property ownership in Mauritius by non-citizens.

  • Other significant amendments include the power of the Curator of Vacant Estates to possess property and cause such property to be sold, in the event of a transfer of property in breach of section 3 of the Non-Citizens (Property Restriction) Act 1975 (including failure to obtain the relevant consent of the Prime Minister’s Office).

    However, the term “transfer” has not been defined and it remains to be seen what exactly the term will be deemed to include in addition to the purchase and acquisition of property.

The Registration Duty Act 1804

  • The Home Ownership Scheme has been extended for another year whereby a refund of 5% of the declared value of a property which qualifies under the scheme is paid to the purchaser where the deed of transfer of that property has been signed and registered during the period starting on 12 June 2021 and ending on 30 June 2023.
  • Further, the Home Loan Payment Scheme has also been extended so that a disbursement of 5% (up to a maximum of MUR 500,000) shall be paid to an eligible borrower by the Registrar General, where the deed witnessing a loan has been signed and registered during the period starting on 12 June 2021 and ending on 30 June 2023.

The extensions of the abovementioned schemes will be very much welcomed by the Mauritian population with incentives and support to citizens to become homeowners.

Please note that not all the amendments have been listed above.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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