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Legal Information

The residential part of this development is located on 106 hectares (265 acres) of land in the Savanne District, at Domaine De Bel Ombre, on the south West Coast of Mauritius. Known as Villas Valriche, it will comprise of 288 villas with services roads and other collective facilities, all subject to the term and conditions of, and governed by, an owners' Association. Villa owners will have playing rights to the Golf du Chateau 18 hole and 9 hole courses and clubhouse, as well as full access to the health and fitness centre, tennis club, the proposed Spa and resident' beach club.

Buying a private residence at Villas Valriche

The Developer's application in terms of section 6 of The Investment Promotion (Integrated Resort Scheme) Regulation 2002, was approved on 12 February 2007, allowing the purchase of freehold villas within Villas Valriche, by foreign buyers under certain conditions. Prior to 2002, foreigners were unable to own freehold residential property in Mauritius.

Agreement of Sale and Payment Schedule

Under Mauritian law the buyer is extremely well protected to ensure that they are guaranteed full delivery of the villa they have contracted to purchase. Prior to the signature of the Deed of Sale (DOS) between the seller (Les Villas de Bel Ombre Limitee) and the buyer, a Preliminary Reservation Contract (CRP) is entered into between Les Villas de Bel Ombre Limitee and the potential buyer, whereby the potential buyer lodges a deposit with an independent escrow agent equivalent to 5% of the purchase price on the deed of sale. This secures and reserves the selected villa, until such time that a certificate to purchase is issued to the buyer by the Mauritian authorities. In the highly unlikely event that the approval to purchase a villa is declined by the Mauritian authorities, the 5% escrow deposit is returned to the buyer at this point. Upon the issue to the buyer of an approval by the Mauritian authorities for the buyer to purchase the villa, the CRP is replaced by a deed of sale whereby the buyer provides an acceptable bank guarantee for the full purchase price, the developer issues the buyer with a bank completion guarantee and the freehold title to the land is registered by the notary in the name of the buyer. In accordance with the provisions of article 1601-30 of the Mauritius Civil Code, the price on the deed of sale is payable as certain events happen and as the work progresses, namely:
  • 30% on signature of the deed of sale (includes release of the 5% escrow deposit) together with the 5% transfer tax and the $70,000 registration duty. At this point in time the title to the land is registered in the name of the buyer.
  • 5% on completion of the villa foundations.
  • 35% when the roof is completed and the villa is closed in.
  • 25% on completion of the villa in terms of the deed of sale.
  • 5% when the villa is made available to the buyer.
(all construction related payments certified by independent professionals prior to payment)

Guarantees
  • The Developer is required by law to furnish a Bank completion guarantee to secure the buyer that construction of the villa will be fully completed.
  • From the acceptance by the buyer of their villa, the Developer is liable for 10 years for latent defects to which the architects, contractors and other persons linked to the developer by a contract for work, are themselves bound pursuant to articles 1792 and 2281 of the Mauritius Civil Code.
Taxes
  • Transfer Tax equivalent to 5% of the purchase price on the deed of sale is payable by the seller (Les Villas de Bel Ombre Limitee) on the sale of an IRS villa, and is recovered from the buyer as part of the gross sales value indicated on the price list.
  • Registration Duty of US$70,000 is payable by the buyer on the purchase of an IRS villa. The seller will pay this on behalf of the buyer and recover the funds from the buyer as part of the gross sales value indicated on the price list.
Legal Costs

An independent notary has been appointed by the developer to manage the conveyance of the properties (at a discounted fee of 0.5% of the purchase price, excluding VAT of 15%). Additional costs and taxes amounting to approximately US$ 60 are also payable by the purchaser directly to the notary on signature of the deed of sale.

Legal and Tax Advice

There is no inheritance tax or capital gains tax in Mauritius, but we recommend that all buyers should seek professional tax planning advice relevant to their own respective tax domicile, prior to purchasing property in Mauritius, in order to minimize liabilities to taxes and duties.

Exchange controls

There are no restrictions preventing foreigners from buying and owning real estate in Mauritius under the IRS scheme, save for processes and approvals that non-citizens must follow and obtain, before registration of ownership. Buyers from certain countries may be required to obtain the approval of the appropriate authorities in their countries of residence before being able purchase a villa at Villas Valriche or to be able to expatriate funds for such purposes.

Important Notice

No description or information given, whether or not in the Particulars and whether written or verbal, about the villa or its condition or its value may be relied upon as a statement or representation of fact. This overview is not intended to be exhaustive, nor will it be an adequate substitute for proper legal advice. The developer, Les Villas de Bel Ombre Limitee reserves the rights to amend the specifications as necessary and without notice. All the images and information are for illustrative purposes only and should not be relied upon as a basis for purchasing. The purchase of villas will be subject to the detailed terms, conditions and provisions of the Deed of Sale to be provided by the developer. This document and the inserts provided do not constitute or form any part of the Deed of Sale.

Services of the kind usually offered in world-class resorts shall be available to occupants of villas, as follows (these are a preliminary list of services and may be subject to change):

General Services included in Villa Service Charge
  • General administration of common areas
  • Maintenance of exterior of villas, including exterior painting, roofs, windows, patios and pools
  • Villa garden maintenance
  • Common area landscaping and maintenance
  • Common area pest control
  • Refuse collection
  • 24 hour perimeter and access security
  • Insurance of common areas and administration buildings and sporting facilities
  • Fibre-optic backbone and infrastructure to allow Internet access, cable TV and life and fire safety systems on a user-pays basis
  • The fitness centre, including tennis
  • The Beach Club
  • Non-motorised beach water sports at the Beach Club
  • The Spa, on a user-pays basis
  • All common areas and grounds
Optional Services with Additional Charges
  • Spa treatments
  • Motorised water sports
  • Quad biking
  • Kid's Club
  • Restaurant dining
  • Housekeeping services
  • In-residence dining
  • Personal grocery stocking
  • Laundry and dry-cleaning
  • Babysitting services
This is for information only and any details must be confirmed at point of agreeing to buy a villa.