Laws
& Regulations
The Process of Buying Property in St. Lucia
Last
updated: March 2007
Once an Agreement for Sale has been entered into between a non-national
intended purchaser in his or her personal capacity and a vendor/developer
of land in St. Lucia and a deposit (usually about 10% of the purchase
price) has been paid, the following process commences which once followed
through will result in legal ownership of the property.
Non citizens require an Alien’s Land Holding Licence to purchase
real estate in St. Lucia. It is a long drawn out process which involves
4 government departments, being the Planning Department (where it
is submitted), the Attorney Generals’ Office, the Prime Minister’s
Office (or Cabinet for properties larger than 1 acre in size) and
the Governor General’s Office.
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A local lawyer must register the licence |
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It is a permanent licence which does not require renewal |
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The licence is granted for a specific property or plot of land
and is not transferable |
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The cost of the licence upon grant is EC$5,000.00, increasing
for properties larger than I acre in extent |
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There is a non-refundable licence application fee of EC$1,500.00 |
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Applications can take as quick as 6 weeks and as long as 6 months
to process and are usually applied for immediately after an Agreement
for Sale has been entered into and a deposit has been paid by
the intended purchaser. |
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The intended purchaser can secure his or her interest by lodging
a “caution” against the property. |
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Supporting information to be provided by the intended purchaser
includes:
1. Four (4) Passport sized photos
2. Certified copy of data pages of passport
3. Bank Reference
4. Short form CV
5. Police Certificate of Good Character (PCGC) or Police Report
6. Full set of certified Fingerprints from a Police Station |
Once granted the Licence is registered at the Land Registry of St.
Lucia where it is given an Instrument No. This number and the details
of the Licence are then entered on the Deed of Sale being the Instrument
drawn up and executed by the parties to give effect to the actual
Conveyance.
Upon registration of the Deed of Sale, Stamp Duty of 2% of the
purchase price is payable by the Purchaser. Incidental registration
charges
amount to approximately EC$150.00. The Vendor is subject to the
payment of Vendor’s Tax being up to 5% of the agreed sales
price for a local purchaser and a flat rate of 10% for a non-national.
Legal Fees range between 3% - 5% of the purchase price, and is
usual payable by the purchaser in two (2) installments. With many
of the
current Developments underway, a panel of lawyers are selected
who for an agreed set fee offer their services to purchasers of
units
at the development. These fees depend upon the cost of the units
at the development and the number of potential purchasers each
panel
lawyer will receive, and have thus far ranged from US$5,000 to
US$8,000 for the various developments currently under construction.
Some purchasers opt to purchase the property through the vehicle of
a Company due to the tax savings upon sale of 9.5%. Costs inclusive
of Legal fees to form a local Company are approximately EC$4,250.00.
If the ownership/directorship of the company is such that 50% or more
are non-national, then the Company will require an Aliens Licence
in the above manner.
Alien
Land Licence
DOCUMENTS/INFORMATION
REQUIRED IN SUPPORT OF AN APPLICATION FOR AN ALIENS LICENCE
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Non-refundable application fee of EC$1,500.00 |
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Profile of applicant/Directors of Company – |
Passport and Citizenship details (Copy Data pages of Passport)
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Profession or employment status (short form CV/Resume)
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Bankers’ reference
|
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Police Certificate of good Character (PCGC) or Police Report
from country of origin or current residence. |
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The Statutory Declaration (to be provided by us for your signature),
may be provided as an interim measure, but the PCGC must be provided
within 6 months of the date of the application. |
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Four (4) passport sized colour photographs of the applicant/directors. |
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Full set of Finger-prints of applicant/directors |
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Purchase Price of the Property |
All other supporting documents required
are available to us herein St. Lucia and will be procured and presented
along with the application on your behalf.
--------------- Provided by Glitzenhirn
Augustin & Co.
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