The notary in Mauritius plays a central role in every property purchase. They secure the sale, for Mauritians and foreign buyers alike. On this page, we therefore explain their role, the documents to provide and their fees. This way, you know what to expect before signing.
A civil law inherited from the Napoleonic Code
Mauritian civil law comes directly from France. From 1808, the French Civil Code was known there as the Code Napoléon, while the island was still under French rule. Then, the capitulation of 1810 left the inhabitants their laws and customs, so the Code remained in force under British administration. Since 2001, it has been called the Mauritian Civil Code. Even today, it sets the rules of property and sale. In addition, commercial law and court procedure draw on English law. As a result, a French or European buyer finds familiar landmarks, with the security of a notary.
Why use a notary in Mauritius?
The law requires an authentic deed to transfer a property. In other words, the sale must be signed before a notary. They check the title deed and the legal situation of the property. In addition, they read and explain the deed to both parties, impartially. Furthermore, they keep the original of the deed and respect professional secrecy. Their obligations are set out in the Notaries Act 2008.
Notary in Mauritius: the purchase steps
First, you make an offer, and the seller accepts it. Then, the notary drafts the preliminary sale agreement, often with conditions precedent, for example financing or EDB approval for a foreign buyer. Next, they check the title, the charges and the status of the land. After these checks, you sign the authentic deed of sale before them. Finally, they register the deed with the authorities and give you a copy.
Notary in Mauritius: which documents to provide?
On the buyer’s side, prepare your passport, a proof of address and proof of the origin of funds. In addition, a foreign buyer adds the documents of their EDB-approved scheme. On the seller’s side, the notary asks for the title deed and the plans of the property. Depending on the case, they add the municipality certificate or the letter from the managing agent in a co-ownership. Furthermore, the law also requires identity checks: see our page on the FIU and KYC obligations. Finally, your notary gives you the exact list for your file.
Notary fees in Mauritius: the scale
The notary’s fee scale is set out in the schedule to the Notaries Act 2008. It works in bands of the sale price: 2% on the first 250,000 rupees, 1.5% on the next 500,000, 1% on the next million, then 0.5% on the balance. VAT of 15% is added. For example, for a property at 8,000,000 rupees, the fees come to 53,750 rupees, or about 61,813 rupees including VAT.
In addition, the buyer pays a registration duty, generally 5% of the price, which is 400,000 rupees in this example. Finally, disbursements are added, such as copies and certificates. Furthermore, recent finance acts have changed certain rules for non-citizens, particularly for apartments on State land. Always ask your notary for a written statement before signing, because it confirms each amount.
Contact us before signing
Preparing a purchase? Then contact us: we explain each step before the signing. In addition, discover our pages on property schemes for foreigners, property taxes in Mauritius and agency fees. This information is general: your notary always confirms the rule that applies to your purchase.