Can a Foreigner Buy Commercial Property in Mauritius?

The Section 3(3)(c)(iv) business-property route, explained for foreign investors and foreign-owned Mauritius companies.

QUICK ANSWER

Yes. Section 3(3)(c)(iv) of the Non-Citizens (Property Restriction) Act permits acquisition of immovable property, rights in immovable property or part of a building for business purposes, subject to EDB authorisation granted after the required Ministerial approval. An Investor Occupation Permit is not itself a statutory prerequisite.

A foreign investor can potentially acquire commercial or industrial property in Mauritius outside the familiar residential property schemes. The legal route is based on the intended business use of the property, not simply on whether the buyer holds an Investor Occupation Permit.

This distinction matters for entrepreneurs considering an office, warehouse, operating premises, commercial building or land required for a genuine business project in Mauritius.

THE LEGAL BASIS

Section 3(3)(c)(iv) of the Non-Citizens (Property Restriction) Act provides the statutory basis for a non-citizen to acquire an immovable property, a right in immovable property or part of a building for business purposes, subject to the required EDB authorisation after Ministerial approval.

KEY DISTINCTION BOX

Commercial property is not an “Investor Occupation Permit benefit”. EDB guidance expressly states that a non-citizen may acquire immovable property for business purposes with prior EDB authorisation whether or not the person is registered as an investor. 

WHO CAN ACQUIRE?

Who can potentially acquire business property?

EDB guidance lists a broad range of possible applicants, including non-citizen individuals and qualifying legal entities. The exact structure should be chosen before the property application is prepared.

• A non-citizen individual.
• A holder of an Occupation Permit or other qualifying residence status.
• A Mauritius company incorporated or registered under the Companies Act, including a foreign-owned company.
• A qualifying société, limited partnership, trust or foundation, subject to the applicable documentation.

BUSINESS PURPOSE

What counts as “business purposes”?

EDB guidance describes business purposes broadly enough to include genuine commercial activity and development. Examples include high-activity commercial-use buildings such as offices, warehouses and shopping malls, whether for own use, sale, rental or lease, as well as other activities carried out for reward, gain or profit.

Proposed acquisition	General position
Office / office building	Potentially eligible where connected to a genuine business purpose.
Warehouse / industrial premises	Potentially eligible, subject to the business project and approvals.
Commercial building	Potentially eligible for own use or qualifying commercial development.
Commercial development for rental / lease	Potentially eligible where the underlying project falls within EDB’s business-purpose definition.
Bare or serviced land bought merely for resale, rental or lease	Expressly excluded from EDB’s business-purpose definition.
Land required for an operating business/project	Potentially eligible, but the business rationale, financing and implementation must be demonstrated.

INVESTOR OCCUPATION PERMIT

Is an Investor Occupation Permit required?

No. EDB’s official guideline states that the Non-Citizens (Property Restriction) Act was amended to allow any non-citizen, with or without investor registration, to acquire immovable property for business purposes with prior EDB authorisation. An Investor OP may be relevant to the wider immigration and business structure, but it is not the statutory trigger for this property route. 

DOCUMENTS REQUIRED

Documents required for the application

can pay for the property, but also that the proposed business project is credible, financed and connected to the property being acquired.

Corporate and KYC documents

• Completed application form signed by the authorised applicant/director.
• Certificate of incorporation or registration documents, as applicable.
• Register of shareholders and ownership information.
• Ultimate beneficial owner information where the ownership is indirect.
• Authenticated passport copies for relevant non-citizen shareholders/promoters.
• KYC confirmation or bank reference from a recognised local or international bank.
• Mandate / Power of Attorney where Varemont or another adviser submits on behalf of the applicant.

Property documents

• Presale agreement / compromis de vente between vendor and purchaser, endorsed by a Mauritian Notary Public.
• Site plan prepared by a sworn land surveyor.
• Valuation report prepared by the required qualified valuation professional.
• Property title and due-diligence information coordinated through the acting notary.
• Outline Planning Permission where required for a proposed construction/development project.

Business and financial documents

• Detailed business plan covering the promoters, project, implementation schedule and financing.
• Evidence of funds available to acquire the property.
• Evidence of funds available to implement the underlying business project.
• Sector-specific approvals or clearances where the proposed activity is regulated.
• Supporting commercial evidence where useful, such as contracts, letters of intent, project budgets, forecasts or implementation schedules. 

BUSINESS PLAN

What should the business plan demonstrate?

The business plan is central to the application because the authorities need to understand why the property is being acquired and how it will be used. It should connect the real estate directly to the commercial project.

Business-plan area	What should be addressed
Promoters	Background, experience, ownership and relevant track record.
Business activity	What the Mauritius operation will actually do and how it will generate revenue.
Property rationale	Why this particular property is required for the business.
Investment	Property price, project expenditure, equipment/fit-out and working capital where relevant.
Financing	Source of funds and how both acquisition and project implementation will be financed.
Implementation	Practical timetable, regulatory steps and commencement of operations.
Commercial outlook	Clients/markets, revenue assumptions and operating projections where relevant.

PROCEDURE

Procedure: commercial-property acquisition

1. Determine the acquisition structure

Decide whether the buyer will be the individual investor, a Mauritius company or another permitted structure. Confirm shareholders and UBOs.

2. Define the business purpose

Document the intended activity and the commercial reason the property is required.

3. Identify and screen the property

Check title, planning context, intended use, land classification and whether the proposed acquisition fits the business-purpose route.

4. Appoint a Mauritian notary

The notary should conduct the legal property review and prepare/review the conditional presale agreement.

5. Obtain survey, valuation and planning material

Arrange the sworn surveyor’s site plan, valuation and any required preliminary planning clearance.

6. Prepare the business plan and financial evidence

Show the commercial project, financing, acquisition funds and funds available for implementation.

7. Submit through PAMS / EDB

EDB’s Property Acquisition Management System on NELS now handles acquisition or lease applications for immovable property for business purposes.

8. EDB review

EDB may seek further information or regulatory clearances depending on the activity and project.

9. Ministerial approval and EDB authorisation

The statutory authorisation is issued through EDB after the required Ministerial approval.

10. Notarial completion

After authorisation and satisfaction of all conditions, the transfer can proceed and be registered.

APPROVAL TIME

How long does the approval take?

EDB’s business-property guideline does not prescribe a fixed determination period because applications vary. It states that EDB will, as far as possible, acknowledge receipt within five working days. The often-repeated statement that “PMO approval takes six months” should therefore not be presented as a statutory or guaranteed timeline.

BARE COMMERCIAL LAND

Can a foreign investor buy bare commercial land?

Potentially, but the purpose matters. EDB expressly excludes the acquisition of bare or serviced land merely for resale, lease or rental from its definition of business purposes. A land acquisition linked to a genuine operating or development project must therefore be supported by a credible business rationale and implementation plan.

RENTAL

Can the commercial property be rented out?

EDB’s definition of business purposes expressly contemplates development of high-activity commercial-use buildings such as offices, warehouses and shopping malls for own use, sale, rental or lease. That is different from buying undeveloped land simply to hold or rent it speculatively.

PURCHASE VERSUS LEASE

A foreign business should compare acquisition with leasing before committing capital. The current EDB business-property guidance should be checked for the applicable lease-authorisation threshold at the time of the transaction, particularly because some older EDB webpages still contain legacy wording. For a publishable client article, Varemont should rely on the current Act and the latest EDB/PAMS guidance when advising on a specific lease term.

TRANSACTION COSTS

Transaction costs and separate approvals

Property acquisition approval does not replace the other approvals that may be required for the project. Depending on the facts, these can include planning permission, a Building and Land Use Permit, land conversion approval, environmental approvals or sector-specific licences. EDB’s general “Getting Started” guidance currently states a 5% registration duty payable by the purchaser on an ordinary immovable-property acquisition, subject to any specific exemption or incentive that may apply to the transaction.

FREQUENTLY ASKED QUESTIONS

Can a foreigner buy an office in Mauritius?

Potentially yes, where the acquisition is for a genuine business purpose and the Section 3(3)(c)(iv) approval route is followed.

Does the buyer need an Investor Occupation Permit?

No. The business-property route is not limited to Investor OP holders.

Can a 100% foreign-owned Mauritius company acquire commercial property?

Potentially yes. The ownership and UBO structure must be fully disclosed and the acquisition remains subject to the statutory approval process.

Can a foreign investor buy a warehouse?

Potentially yes. Warehouses are specifically contemplated in EDB’s business-purpose guidance.

Is a business plan required?

Yes. EDB’s published checklist requires a detailed business plan addressing the promoters, project, implementation schedule and financing.

Must the buyer show funds only for the property price?

No. EDB guidance also calls for evidence of funds for implementation of the underlying business project.

Can Varemont submit the application?

A designated third party can submit with the required mandate or Power of Attorney.

HOW VAREMONT CAN ASSIST

How Varemont Private can assist

Varemont Private can coordinate the corporate, property and immigration workstreams so that the acquisition structure is consistent with the client’s wider Mauritius business plan.

Stage	Varemont coordination
Structuring	Mauritius company and ownership structure; immigration coordination where relevant.
Property route	Initial assessment under Section 3(3)(c)(iv) and EDB guidance.
Business plan	Preparation and presentation of the business rationale, implementation and financing.
Application file	KYC, UBO, source-of-funds, property and regulatory-document coordination.
EDB/PAMS	Application coordination, submission support and follow-up.
Completion	Liaison with the client’s notary, surveyor, valuer, bank and relevant authorities.

CLIENT NOTE

A commercial acquisition should not be treated as an ordinary unrestricted property purchase. The business purpose, buyer structure and property should be assessed before an unconditional commitment is signed. 

SPEAK WITH VAREMONT

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If you are considering acquiring commercial property in Mauritius for a business or investment project, speak with Varemont Private about the acquisition structure, business-purpose requirements and application process.

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