Street of townhouses in the Ophélys development at Azuri, Mauritius, computer-generated image

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.

Guide updated on 22 September 202612 min readBy Franck Penarrubia, director of the Westimmo agency+230 5483 4666 · Royal Road, Tamarin

Pay at the pace
of the build

Key points

The four rules to know before you reserve.

Reservation deposit: at most 25% of the price, in an account in your name

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 →
Mauritian Civil Code, articles 1601-1 to 1601-45, read on 22 September 2026.
StepWhat is signed, what is paidWhat the law requiresLegal text
ReservationPreliminary contract and security depositA 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 notaryArts. 1601-38 to 1601-43
Draft deedNothingThe draft deed of sale is notified to you at least one month before signingArt. 1601-44
Deed of saleAuthentic deed before the notary; first stage payment, registration duty and notary feesThe 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 annexedArts. 1601-7 and 1601-29
ConstructionStage paymentsIn 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 professionalArts. 1601-27 and 1601-30
HandoverKeys and balance of the priceThe balance is due when the property is made available; it can be deposited instead if conformity is disputedArt. 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 →
Cumulative caps of the Mauritian Civil Code (arts. 1601-30 and 1601-42). Practice: payment schedules of 23 developments by 9 developers that we sell, documents from 2022 to 2026, reviewed on 22 September 2026.
StepLegal cap, cumulativeMost commonSchedules
Reservation25% if the deed is signed within a year, 2% within two years, no deposit beyond10%13 of 22
Signing of the deed35% until the foundations are completed30%11 of 23
Completion of the foundations35%35%9 of 12
Watertight stage70%70%16 of 20
Completion of the building95%95%21 of 21
Handover of keysThe balanceBalance 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.

StepTotalPayment
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 applicationRs 1,682,327€31,214

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.

Mauritian Civil Code, arts. 1601-31 to 1601-37, read on 22 September 2026.
GuaranteeWho provides itWhat it securesLegal text
Completion, by the development itselfThe 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 officeArts. 1601-32 and 1601-33
Completion, by a bankA bank or authorised financial institution: a credit facility, or a guarantee given jointly with the sellerPayment of the sums needed to complete the buildingArts. 1601-31 and 1601-34
RefundThe same institutions, by a guarantee given jointly with the sellerRepayment of your payments if the sale is cancelled for non-completionArt. 1601-35
Individual houseThe development, if the foundations are completed and payments do not exceed 20% at foundations, 45% watertight and 85% at completionCompletion of the houseArt. 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.

Mauritian Civil Code, art. 1601-45: request by registered letter with acknowledgement of receipt, to the seller and the depositary; repayment within three months.
Case provided by lawLegal text
The sale is not concluded, for reasons attributable to the seller, within the period set in the preliminary contractArt. 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 estimateArt. 1601-45 (c)
An item of equipment provided for in the contract will not be builtArt. 1601-45 (d)
The property loses more than 10% of its value, in its extent or in the quality of the worksArt. 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.

Mauritian Civil Code, arts. 1601-13, 1601-30, 1642-1, 1646-1, 1648 and 1792, read on 22 September 2026.
GuaranteeDurationStarting pointLegal text
Visible construction defectsUntil at least one month after taking possession; legal action within the following yearAcceptance of the works and taking possessionArts. 1642-1 and 1648
Minor works2 yearsAcceptance of the worksArt. 1646-1
Hidden defects and soundness of the building10 yearsAcceptance of the worksArts. 1646-1 and 1792
Balance of the pricePayable when the property is made available; can be deposited if conformity is disputedHandover of keysArt. 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