Registration Requirements

1. Procedure1
   Notary checks for encumbrances at the Registrar General
   • Time to complete: 2 days
   • Cost to complete: no cost
   • Comment:
     The notary public consults the register of transcriptions and the list of deeds which are waiting for transcription in order to ascertain the title of the seller, the status of encumbrances, charges, liens, etc.
2. Procedure2
   Obtain a clearance certificate from Waste Water Authority
   • Time to complete: 4 days
   • Cost to complete: no cost
   • Comment:
     The seller must obtain a clearance certificate from the Waste Water Authority. This is a proof that the sewage tax has been paid.
3. Procedure3
   Obtain tax clearance certificate from the Municipality
   • Time to complete: 1-2 days
   • Cost to complete: no cost
   • Comment:
     It is necessary to obtain a tax clearance certificate for municipal taxes of the current financial year.
4. Procedure4
   A land surveyor prepares a location plan
   • Time to complete: 4 - 8 days
   • Cost to complete: MUR 1,500
   • Comment:
     The seller must obtain a site plan, to be done by a land surveyor.
5. Procedure5
   A notary prepares and notarizes the deed of sale
   • Time to complete: 4 days
   • Cost to complete: Notary's fees according to the following cumulative schedule: Value of property (in MUR) Notary Fees Up to MUR 250,000 2% (minimum MUR 50) From 250,000 to 750,000 1.5% From 750,000 to 1,750,000 1% Excess over MUR 1,750,000 0.5% 15% VAT is added to the notary fees.
   • Comment:
     The notary prepares the sale deed. The seller is responsible for giving all the required documentation to the notary.
     The deed is signed by the parties and the notary.
     
     The documentation shall include:
     Tax clearance from the Municipality (seller should present to the notary the clearance certificate in order to prove payments of local tax obtained in procedure 3)
     Clearance certificate from Waste Water Authority (obtained in Procedure 2)
     Location plan of the property (obtained in Procedure 4)
6. Procedure6
   The notary deposits the signed deed for registration and transcription
   • Time to complete: 200 days (transcription)
   • Cost to complete: 5% or 10%(*) of property value (transfer tax) + 5% of property value (registration fee) + MUR 150 (stamp duty)
   • Comment:
     The notary will deliver the signed deed to the Registrar General for its registration. He has up to 15 days to deliver the deed.
     The notary will pay the registration fee, the stamp duty and the transfer tax on behalf of the seller when applying for registration at the Registrar General's office.
     The transfer tax is 10% of the property price, but it is reduced to 5% when the seller has been the owner of the property for more than 5 years.
     The stamp duty amounts to MUR 15 per page (it is assumed that the Sale Deed consists of 10 pages so that stamp duty equals MUR 150).
     The registration fee is equal to 10% of the property value.
     The process of transcription at the Registrar General's office takes approximately 200 days. When the transcription is finished, the original deed is returned to the notary
     Even if the transcription is not done, the buyer is the legal owner of the property: the reason is that the deed of sale affects the interests of third parties as soon as it is registered. In fact, the risk is on subsequent buyers if the seller, being of bad faith, tries to sell the property twice between the registration and the transcription process. However, such risk may be reduced or even avoided where the purported sale is done before a notary, who will in practice check the deeds whose transcriptions are pending.