Can an Occupation Permit Holder Buy a House or Villa in Mauritius Outside an Approved Property Scheme?

A legal and practical guide to the Section 3(3)(d) residential-property route for qualifying non-citizen residents.

QUICK ANSWER

Yes. Section 3(3)(d) of the Non-Citizens (Property Restriction) Act provides a route for a qualifying non-citizen resident to acquire one residential property outside the usual approved schemes, subject to Ministerial approval, a minimum purchase price of USD 500,000 and the other statutory conditions.

Mauritius is often described as a market where foreign buyers can purchase residential property only within specially approved developments. That is incomplete. Separate from those schemes, Mauritius law contains a specific route allowing certain qualifying non-citizen residents to acquire one residential property on the ordinary market.

For an Investor, Professional or Self-Employed Occupation Permit holder, this can be highly relevant when the objective is to buy a normal house, villa, apartment or qualifying residential plot rather than a property in an approved development.

THE LEGAL BASIS

The legal basis: Section 3(3)(d)

The relevant provision is Section 3(3)(d) of the Non-Citizens (Property Restriction) Act. In substance, it allows a non-citizen who is a resident pursuant to the Immigration Act 2022 to acquire a residential property with the approval of the Minister, provided the statutory conditions are met.

WHY THIS MATTERS

The law does not create a general right for every foreign buyer to purchase any house in Mauritius. The route depends on qualifying resident status, Ministerial approval and compliance with the specific conditions in Section 3(3)(d).

WHO CAN USE THIS ROUTE?

EDB guidance identifies the main holder of an Occupation Permit as Investor, Professional or Self-Employed among the eligible categories. The route is also available to certain other qualifying residents, but it is not available merely because someone is the dependant of a permit holder.

• The applicant should be the qualifying main permit/residence holder.
• A person whose residence arises merely as a spouse, dependent child, parent or other dependant does not qualify under this route on that basis alone.
• Only one residential property may be acquired under this specific provision.

WHAT PROPERTY CAN BE ACQUIRED?

The official application form and EDB guidance contemplate several types of residential property, including a standalone house, villa, apartment, bare residential land and serviced residential land, subject to the statutory restrictions.

Property type	Position under this route
Standalone house / villa	Potentially eligible, subject to approval and land-size restrictions.
Apartment	Potentially eligible under Section 3(3)(d), independently of the separate G+2 route.
Bare residential land	Potentially eligible, provided it is not agricultural land and the area limit is respected.
Serviced residential land	Potentially eligible, subject to the same statutory restrictions.
State land / Pas Géométriques	Excluded from this route.
Agricultural land	Not eligible as bare residential land under this route.

KEY STATUTORY CONDITIONS

A complete application should be assembled before submission. The exact file can vary with the property and ownership structure, but the current official guidance calls for the following core documents.

Applicant documents

• Completed application form.
• Authenticated copy of the passport bio-data page.
• Copy of the current Occupation Permit, Residence Permit or Permanent Residence Permit, as applicable.
• Evidence of marital status or other relevant relationship/ownership arrangement where another person will hold an interest.
• Financial evidence confirming that sufficient funds are available to complete the acquisition.
• Authority or mandate letter where Varemont, a notary or another adviser submits on the applicant’s behalf.

Property and vendor documents

• Presale agreement / compromis de vente between purchaser and vendor, endorsed by a Mauritian Notary Public.
• Valuation report from the required qualified/sworn valuation professional.
• Site location plan and relevant layout plans.Vendor identification documents.
• Where the vendor is an entity: incorporation/constitutional documents and relevant ownership or beneficial-owner information.

PROCEDURE

1. Confirm the purchaser’s eligibility

Verify the applicant’s residence status and that the applicant is not relying solely on dependant status.

2. Screen the property

Confirm price, land area, land classification and whether any statutory exclusion applies.

3. Appoint a Mauritian notary

The notary should review title, encumbrances, servitudes, ownership and the proposed transaction structure.

4. Sign a conditional presale agreement

The compromis should be structured so the transaction remains subject to the required non-citizen acquisition approval.

5. Obtain valuation and plans

Arrange the valuation, site plan and layout documentation required for the application.

6. Prepare proof of funds

Obtain the required financial-institution evidence demonstrating sufficient funds for the purchase.

7. Submit through PAMS / EDB

EDB launched the Property Acquisition Management System (PAMS) on the National E-Licensing System for this category of application.

8. Regulatory review and Ministerial approval

EDB and the relevant authorities review the applicant, property, valuation, funding and transaction. Additional information may be requested.

9. Complete before the notary

Once approval and all conditions are satisfied, the deed of sale can be executed and registered.

HOW LONG DOES APPROVAL TAKE?

There is no sound basis for stating that every application takes six months. The six-month period appearing in EDB material concerns the validity of an authorisation once granted, not a guaranteed processing period. Timing depends on the completeness and complexity of the file and any additional questions raised by the authorities.

CAN THE PROPERTY BE RENTED OUT?

This route should not be presented as a general buy-to-let programme. EDB guidance states that property acquired under this route is for the non-citizen’s own personal residence. Anyone intending to rent, commercially exploit or restructure the use of the property should obtain property-specific legal advice before proceeding.

DOES THE PURCHASE ITSELF GIVE RESIDENCE RIGHTS?

No. The logic of Section 3(3)(d) is the reverse: the purchaser uses an existing qualifying residence status to access the acquisition route. The acquisition under this provision does not itself create an Occupation Permit or residence status.

FREQUENTLY ASKED QUESTIONS

Can an Investor Occupation Permit holder buy an ordinary villa?

Potentially yes, provided the main permit holder satisfies Section 3(3)(d), the property qualifies, the minimum USD 500,000 price is met and Ministerial approval is obtained.

Is the rule only for Investor OP holders?

No. EDB guidance also identifies Professional and Self-Employed Occupation Permit holders among eligible main permit holders.

Can a dependant spouse buy under this provision?

Not merely because the spouse holds dependant residence status. The statutory route excludes a person whose resident status arises only as a dependant.

Can residential land be purchased?

Potentially yes, subject to the land classification, maximum area and other restrictions. Agricultural land is not covered as ordinary residential bare land.

Can the property be on Pas Géométriques?

No. State land, including Pas Géométriques, is excluded from this route.

Does the USD 500,000 purchase create permanent residence?

No. This acquisition route does not itself confer immigration status.

HOW VAREMONT PRIVATE CAN ASSIST

Varemont Private can coordinate the process from the initial eligibility review through to regulatory approval, working alongside the purchaser’s notary, surveyor, bank and other professional advisers.

Stage	Varemont coordination
Eligibility review	Residence-status and property-route assessment.
Property screening	Initial review of the proposed property against the statutory route.
Document file	Checklist, KYC, source-of-funds and supporting-document coordination.
Application	Preparation and coordination of the EDB/PAMS submission and follow-up.
Completion	Coordination with the notary and advisers once approval is obtained.

CLIENT NOTE

Do not sign an unconditional property commitment before the proposed acquisition has been reviewed against the Non-Citizens (Property Restriction) Act and the required approval process.

SPEAK WITH VAREMONT

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If you are considering acquiring residential property in Mauritius, Varemont Private can help you assess the appropriate route and coordinate the process with the relevant professional advisers.

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