Reservation deposit: at most 25% of the price, in an account in your name
Mauritius Guide
Buying off-plan
in Mauritius
Reservation, stage payments, guarantee, handover: what Mauritian law says, and what developers actually do.
The Mauritian Civil Code governs every stage of an off-plan sale (VEFA). We reviewed the payment schedules of 23 developments that we sell, and a simulator works out your stage payments.
Pay at the pace
of the build
of the build
Key points
The four rules to know before you reserve.
Stage payments capped: 35% at foundations, 70% watertight, 95% at completion
Completion or refund guarantee: compulsory in the deed
Hidden defects: the seller is liable for ten years from acceptance of the works
01 The steps
How does buying off-plan work in Mauritius?
Five steps, from the reservation contract to the handover of keys. At each one, the Mauritian Civil Code sets what the developer may ask for and what it must give you.
Completed or off-plan: which to choose →| Step | What is signed, what is paid | What the law requires | Legal text |
|---|---|---|---|
| Reservation | Preliminary contract and security deposit | A written contract, handed over before any payment: floor area, rooms, technical note, estimated price, date of the sale. The deposit goes into a special account in your name, at a bank or with a notary | Arts. 1601-38 to 1601-43 |
| Draft deed | Nothing | The draft deed of sale is notified to you at least one month before signing | Art. 1601-44 |
| Deed of sale | Authentic deed before the notary; first stage payment, registration duty and notary fees | The deed describes the property, sets the price and payment terms, the delivery date and the completion or refund guarantee; a dimensioned plan and a schedule of fittings are annexed | Arts. 1601-7 and 1601-29 |
| Construction | Stage payments | In total, at most 35% of the price at completion of the foundations, 70% at the watertight stage, 95% at completion; foundations certified by a qualified professional | Arts. 1601-27 and 1601-30 |
| Handover | Keys and balance of the price | The balance is due when the property is made available; it can be deposited instead if conformity is disputed | Art. 1601-30 |
A VEFA, or nothing
Any contract that requires payments before a home is completed must be a sale on completion (vente à terme) or an off-plan sale (VEFA), otherwise it is void (art. 1601-6). In a VEFA, the land is yours from the deed, then the buildings as they are built (art. 1601-3).
Nothing to the developer before the deed
Before signing, the seller may neither demand nor accept any payment (art. 1601-8). Only the reservation deposit is allowed, blocked in a special account until the deed; any other promise to buy or sell is void (art. 1601-38).
Foreign buyers: an approved development
A non-citizen buys off-plan in a PDS, IRS, RES or Smart City development approved by the EDB, with an application of Rs 25,000; from USD 375,000, the property opens a residence permit. See our guide to buying as a foreigner and our properties for sale.
02 Stage payments
How much do you pay, and when?
The law caps the total paid: 35% of the price at completion of the foundations, 70% at the watertight stage, 95% at completion. Across the payment schedules of 23 developments that we sell, buyers most often pay 10% at reservation, 30% at the signing of the deed, and 5% at the handover of keys.
See our new developments →| Step | Legal cap, cumulative | Most common | Schedules |
|---|---|---|---|
| Reservation | 25% if the deed is signed within a year, 2% within two years, no deposit beyond | 10% | 13 of 22 |
| Signing of the deed | 35% until the foundations are completed | 30% | 11 of 23 |
| Completion of the foundations | 35% | 35% | 9 of 12 |
| Watertight stage | 70% | 70% | 16 of 20 |
| Completion of the building | 95% | 95% | 21 of 21 |
| Handover of keys | The balance | Balance of 5% | 21 of 21 |
Simulate your stage payments
To pay on the day of the deed, costs includedRs 9,766,847€181,214
Cumulative percentages of the most common schedule across our developments. Replace them with those in your contract: each step is compared with the Civil Code cap.
Converted at the Bank of Mauritius rate of 22 September 2026: €1 = Rs 53.90. Notary fees estimated at 1.15% of the price, as developers state; financing not included.
| Step | Total | Payment |
|---|---|---|
| ReservationCap: 25%, if the deed is signed within a year | %✓✕ | Rs 2,694,840€50,000 |
| Signing of the deedCap: 35% before the foundations | %✓✕ | Rs 5,389,680€100,000 |
| Completion of the foundationsCap: 35% | %✓✕ | Rs 1,347,420€25,000 |
| Watertight stageCap: 70% | %✓✕ | Rs 9,431,940€175,000 |
| Completion of the buildingCap: 95% | %✓✕ | Rs 6,737,100€125,000 |
| Handover of keysThe balance | %✓✕ | Rs 1,347,420€25,000 |
| Costs at the signing of the deedDuty 5%, notary 1.15%, EDB application | Rs 1,682,327€31,214 |
A percentage exceeds the Civil Code cap, or goes down from one step to the next: have this schedule checked before you sign.
Read a schedule cumulatively
Add up the payments: at the watertight stage, the total paid must not exceed 70% of the price. Westimmo checks every schedule against these caps before you sign; the simulator does it for yours.
Costs fall due at the deed
Registration duty of 5%, notary fees of about 1.15% and the EDB application are paid at signing, on top of that day’s stage payment. The detail is in our guide to buying costs.
A certificate at each stage
Completion of the foundations is certified by a qualified professional (art. 1601-27): ask for the architect’s certificate with each call for funds. A late payment cannot cost you more than 1% per month (art. 1601-30).
03 The guarantee
What does the completion guarantee cover in Mauritius?
In a VEFA, the deed must state a guarantee that the building will be completed or that your payments will be refunded (Mauritian Civil Code, art. 1601-7). It ensures the property will be finished, or that you will be repaid if the sale is cancelled for non-completion. It covers neither delays nor construction defects, and it ends on completion.
| Guarantee | Who provides it | What it secures | Legal text |
|---|---|---|---|
| Completion, by the development itself | The development, if it meets one condition: building watertight and free of any lien or mortgage, or foundations completed and financing secured for 75% of the price (60% if the seller’s own funds cover 30%) | Completion, evidenced by certificates from the notary and the bank, available to you at the notary’s office | Arts. 1601-32 and 1601-33 |
| Completion, by a bank | A bank or authorised financial institution: a credit facility, or a guarantee given jointly with the seller | Payment of the sums needed to complete the building | Arts. 1601-31 and 1601-34 |
| Refund | The same institutions, by a guarantee given jointly with the seller | Repayment of your payments if the sale is cancelled for non-completion | Art. 1601-35 |
| Individual house | The development, if the foundations are completed and payments do not exceed 20% at foundations, 45% watertight and 85% at completion | Completion of the house | Art. 1601-32 |
What it does not cover
Neither delay, which depends on the delivery date written in the deed, nor construction defects, covered by the defects guarantee. It ends on completion of the building, declared by a qualified professional (art. 1601-37).
Ask for the evidence
When the guarantee rests on the development’s own conditions, the seller must keep the evidence available to you at the notary’s office (art. 1601-33). Ask for it before the deed: it is one of the checks Westimmo carries out for you.
Mauritian law, not French law
“GFA”, “dommages-ouvrage insurance”: these terms come from French law, which many online guides cite. In Mauritius, the rule is that of the Mauritian Civil Code, articles 1601-1 to 1601-45.
04 Remedies
What happens if the sale falls through or the build runs late?
Your reservation deposit is returned, with no deduction or penalty, in five cases set by law, within three months of your request at the latest. A construction delay is dealt with by the deed: it must set a delivery date, and it is the deed that provides for penalties, or not.
| Case provided by law | Legal text |
|---|---|
| The sale is not concluded, for reasons attributable to the seller, within the period set in the preliminary contract | Art. 1601-45 (a) |
| The sale price exceeds the estimated price, as revised under the contract, by more than 5% | Art. 1601-45 (b) |
| The loans provided for in the contract are not obtained, or fall 10% short of the estimate | Art. 1601-45 (c) |
| An item of equipment provided for in the contract will not be built | Art. 1601-45 (d) |
| The property loses more than 10% of its value, in its extent or in the quality of the works | Art. 1601-45 (e) |
If handover is late
If the seller does not deliver within the agreed period and the delay is due to the seller alone, you may ask for the sale to be cancelled or to be put in possession, and for damages if you suffer a loss (arts. 1610 and 1611).
A penalty to write in
The law caps the penalty for a buyer who pays late, at 1% per month; it sets none for a developer who delivers late. Have one written into the deed, next to the delivery date.
At most 10% on cancellation
A fixed cancellation indemnity cannot exceed 10% of the price, but either party may claim compensation for the loss actually suffered (art. 1601-11). Any clause to the contrary is deemed unwritten (art. 1601-12).
05 Handover
What should you check at the handover of keys?
You pay the balance, 5% of the price in the 21 schedules that specify it. Note any visible defect in writing: the seller remains liable for it until at least one month after you take possession, and is then liable for ten years for hidden defects.
| Guarantee | Duration | Starting point | Legal text |
|---|---|---|---|
| Visible construction defects | Until at least one month after taking possession; legal action within the following year | Acceptance of the works and taking possession | Arts. 1642-1 and 1648 |
| Minor works | 2 years | Acceptance of the works | Art. 1646-1 |
| Hidden defects and soundness of the building | 10 years | Acceptance of the works | Arts. 1646-1 and 1792 |
| Balance of the price | Payable when the property is made available; can be deposited if conformity is disputed | Handover of keys | Art. 1601-30 |
Completed does not mean compliant
A property is completed when it can be used; minor defects do not prevent completion, but recording completion is neither acceptance of conformity nor a waiver of your remedies (art. 1601-13).
Repair rather than cancel
If the seller undertakes to repair a defect, there is no ground for cancelling the sale or reducing the price (arts. 1642-1 and 1646-1). Get that undertaking in writing, and dated.
The guarantee follows the property
The two- and ten-year guarantees benefit successive owners: if you sell, your buyer benefits from them (art. 1646-1).
06 Misconceptions
Which mistakes should you avoid when buying off-plan?
Nine claims in circulation, each contradicted by the Mauritian Civil Code.
“The completion guarantee is optional”
In a VEFA, the deed must state a completion or refund guarantee (art. 1601-7). What is optional is for it to come from a bank.
“You pay the developer a down payment to reserve”
The deposit goes into a special account in your name, at a bank or with a notary, blocked until the deed (arts. 1601-38 and 1601-43).
“The deposit amount is up to the developer”
It is capped: 25% of the price if the deed is signed within a year, 2% within two years, no deposit beyond (art. 1601-42).
“A simple reservation form is enough”
Before the deed, only the Civil Code’s preliminary contract counts: any other promise to buy or sell is void (art. 1601-38).
“You pay half before the first shovel”
Until the foundations are completed, the total paid cannot exceed 35% of the price (art. 1601-30).
“You become the owner at the handover of keys”
In a VEFA, the land is yours from the deed, and the buildings as they are built (art. 1601-3).
“The balance is due even if the property does not comply”
It can be deposited if conformity with the contract is disputed (art. 1601-30).
“A late handover is always compensated”
The law sets no penalty for the developer: only the contract provides one. Without a clause, you must prove a loss (art. 1611).
“The ten-year guarantee is an insurance policy”
It is the seller’s liability: ten years from acceptance of the works, for hidden defects (art. 1646-1).
07 Related guides
Further reading
Our new developments, the full cost of a purchase, and the developments open to foreigners.
08 Sources & methodology
Reliable, up-to-date information
Every rule comes from the Mauritian Civil Code; every practice, from the payment schedules of our developments.
AGOOfficial legal textsEDBEconomic Development BoardBOMBank of MauritiusWestimmoSchedules of our developments
- Mauritian Civil Code, arts. 1601-1 to 1601-45, sale of buildings to be constructed — Attorney General’s Office
- Mauritian Civil Code, arts. 1610, 1611, 1642-1, 1646-1, 1648 and 1792 — delivery and guarantees
- Registration Duty Act and Finance Act 2026 (Act No. 14 of 2026) — 5% registration duty
- Notaries Act, s. 37 and Schedule, Part I — notary fees
- Economic Development Board — IRS, RES and PDS guidelines of January 2025
- Immigration Act 2022, s. 8(1) — residence threshold of USD 375,000
- Bank of Mauritius — indicative rates of 22 September 2026: €1 = Rs 53.8968 and USD 1 = Rs 46.9673, telegraphic-transfer buying rate
- Westimmo — payment schedules of 23 developments by 9 developers that we sell, documents from 2022 to 2026, reviewed on 22 September 2026
Laws read on 22 September 2026. This guide does not replace a review of your contract by a notary or a lawyer: have it checked before you sign.
09 Frequently asked questions
Your questions about buying off-plan
Short answers, backed by the texts.
Frequently asked questions about buying off-plan in Mauritius
In five stages: a preliminary contract with a deposit in a special account, notification of the draft deed one month before signing, the off-plan deed of sale (VEFA) before the notary, stage payments as the build progresses, then the handover of keys against the balance. The Mauritian Civil Code governs each stage, articles 1601-1 to 1601-45.
At most 25% of the estimated price if the deed of sale is signed within a year, 2% if it is signed within two years, and no deposit beyond (Mauritian Civil Code, art. 1601-42). Across the schedules of the developments we sell, the most common deposit is 10%.
The law caps the total paid at 35% of the price at completion of the foundations, 70% at the watertight stage and 95% at completion, the balance being due at the handover of keys (art. 1601-30). Across the 23 schedules we reviewed, the most common pattern is 10% at reservation, 30% at the deed, 35% at foundations, 70% watertight, 95% at completion, then 5% at handover.
It ensures the building will be finished or, as a refund guarantee, that your payments will be returned if the sale is cancelled for non-completion (Mauritian Civil Code, arts. 1601-31 to 1601-37). It covers neither delays nor construction defects, and it ends on completion.
Yes, in an off-plan sale (VEFA): the deed must state the completion or refund guarantee (art. 1601-7). It can come from a bank, or from the development’s own conditions, for example a building already watertight and free of mortgage (art. 1601-32).
The deed must set a delivery date. If the delay is due to the seller alone, you may ask for the sale to be cancelled or to be put in possession, and for damages if you suffer a loss (arts. 1610 and 1611). The law sets no late-delivery penalty for the developer: have one written into the deed.
Yes, with no deduction or penalty, in five cases: sale not concluded for reasons attributable to the seller, price more than 5% above the estimated price, loans not obtained or 10% short, planned equipment not built, or a loss of value of more than 10%. The request is made by registered letter, and repayment is due within three months (art. 1601-45).
From the deed of sale for the land and whatever is already built; the works still to come become yours as they are built (Mauritian Civil Code, art. 1601-3). The developer keeps the powers of project owner until the works are accepted.
On top of that day’s stage payment: 5% registration duty, about 1.15% notary fees and, for an IRS, RES or PDS property, Rs 25,000 for the EDB application. For a property at €500,000, that comes to about Rs 1,682,327, or €31,214 at the Bank of Mauritius rate of 22 September 2026.
Yes, in a PDS, IRS, RES or Smart City development approved by the Economic Development Board. From USD 375,000, the purchase opens a residence permit, extended to the spouse and dependants.
Conformity with the contract and visible defects, to be noted in writing. The seller remains liable for them until at least one month after you take possession, and the balance can be deposited if conformity is disputed (arts. 1601-30 and 1642-1).
The seller of a building to be constructed is liable for ten years, from acceptance of the works, for the hidden defects for which the builders are liable, and for two years for minor works (Mauritian Civil Code, art. 1646-1). These guarantees pass to successive owners.