A land surveyor prepares a new survey plan and a situation plan
Agency: Land Surveyor
The seller must obtain a survey plan done by a Land Surveyor and apply for the PIN (Parcel Identification Number).
According to the amendment of the Registration Duty Act 1804, a survey plan is not required if a PIN has already been assigned. In practice, it is common for sellers to obtain a site plan and apply for the PIN.
Time and cost: 6 days, MUR 5,000 (MUR 4000 to MUR 6000)
Notary checks for encumbrances at the Registrar General
Agency: Registrar General
The notary consults the register of transcriptions and the list of deeds through the online Mauritius e-Registry System (MeRS) or by visiting the Registrar General office, which is waiting for transcription to ascertain the title of the seller, the status of encumbrances, charges and liens. The notary pays an annual subscription to the Registrar General, which enables him to check the registers free of charge. He may pass the cost to the client as part of the fees charged for the whole transaction. The annual subscription fee is Rs 24,000.
Time and cost: Less than one day (online), no charge
A notary prepares and notarizes the deed of sale
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.
According to the law (Registration Duty act and Notaries Act), the notary has up to 7 days from date of deed to submit the deed at the Land Registry.
Time and cost: 4 days, MUR 118,462.65
Notary’s fees according to the following cumulative schedule:
- Up to MUR 250,000: 2% (minimum MUR 100)
- From 250,000 to 750,000: 1.5%
- From 750,000 to 1,750,000: 1%
- Excess over MUR 1,750,000: 0.5%
Obtain certificate from the Economic Development Board that the building will be used primarily as a warehouse.
Agency: Economic Development Board
A certificate from the Economic Development Board needs to be obtained in order to exempt the transfer from the payment of the Registration Duty. The buyer needs to present evidence to the Economic Development Board to prove the building will be used as a warehouse.
Time and cost: 3 days, no charge
The notary deposits the signed deed for registration and transcription
Agency: Registrar General
The notary will deliver the signed deed + one copy of the deed to the Registrar-General for registration.
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.
It is possible to submit documents, pay fees and receive the registered deed online through the eRegistry system which was launched on June 30, 2015.
Once stamp duty is paid, the Conservator of Mortgages will enter the transaction in the book and will give a Transcription Number (TN) to the notary. Once this TN number is available at the Registrar General, the property is opposable to third parties. The notary will then issue the “Copie authentique” to the buyer. There is a statutory time of 48 hours for the Registrar General to complete the transcription and give the Transcription Number (TN) to the notary.
After the TN has been issued, the Land Registry will verify and re-assess the transaction through internal processes. The Notary will subsequently pick up the registered deed and will keep the document for 40 years and then transmit it to the Chief Archivist, National Archives Department for safe keeping. If this time limit is not respected, there is a penalty of 50% to be paid.
Time and cost: 4 days, MUR 1,000 (stamp duty)