{"id":330949,"date":"2026-09-17T10:26:56","date_gmt":"2026-09-17T06:26:56","guid":{"rendered":"https:\/\/real-estate-mauritius.mu\/?p=330949"},"modified":"2026-09-17T10:26:56","modified_gmt":"2026-09-17T06:26:56","slug":"notary-property-purchase-mauritius","status":"publish","type":"post","link":"https:\/\/real-estate-mauritius.mu\/en\/notary-property-purchase-mauritius\/","title":{"rendered":"The Notary’s Role When Buying Property in Mauritius: Legal Safeguards"},"content":{"rendered":"

In Mauritius, a notary must be involved in every property purchase. As a public officer appointed by the Supreme Court, the notary is the only professional authorised to draw up the authentic Deed of Sale and provide the transaction with its legal security. From rigorous title checks to strict management of the escrow account, the notary provides the buyer’s legal and financial protection.<\/p>\n

The essential guarantor of the authentic deed<\/h2>\n

In Mauritius, a notary must be involved in every property purchase and is the only professional authorised to draw up the authentic Deed of Sale.<\/p>\n

Mauritius property law draws directly on the French Civil Code. This civil-law heritage provides a structured framework with established protection mechanisms for property transactions. A Mauritian notary acts as an impartial public officer. The notary’s principal role is to give legal instruments their authentic character, making the transfer of ownership enforceable against third parties.<\/p>\n

Notarial fees are strictly regulated by the Mauritian State under a sliding scale based on the property’s value. Expressed in Mauritian rupees (MUR), the scale uses bands ranging from 2% for lower amounts to 0.5% for the highest portion of the price. To assess the overall effect of these fees on your budget, it is important to anticipate all property acquisition costs<\/a> that apply to your situation.<\/p>\n

Legal security: checks before the Deed of Sale<\/h2>\n

Before anything is signed, the Mauritian notary audits the property’s history, clears any mortgages and prepares the preliminary sale agreement as well as the final Deed of Sale.<\/p>\n

The notary’s due diligence begins well before the Deed of Sale is signed. The notary traces the chain of title to make sure the seller holds an indisputable title and that no dispute affects the property. This detailed review includes checks with the Conservator of Mortgages to identify any easements, seizures or debts attached to the property. If a mortgage is found, the notary handles the process required to clear it so that the buyer acquires the property free of that charge.<\/p>\n

Once these checks are complete, the notary prepares the preliminary sale agreement and then the Deed of Sale, the final transfer document. For international investors using the various legal property investment schemes<\/a>, the notary ensures that the acquisition file is properly constituted before proceeding to final signature.<\/p>\n

The escrow account: strict protection of your funds<\/h2>\n

Funds for a property sale in Mauritius must pass through the notary’s escrow account, and cash payments are completely prohibited.<\/p>\n

Direct payment to the seller is strictly prohibited and highly risky. The law requires all transaction funds to be deposited into a dedicated client account under the notary’s sole responsibility. The deposit must be made within a maximum of 21 days following a call for funds and can only be made by bank transfer or banker’s cheque.<\/p>\n

For foreign buyers investing in specific schemes such as IRS, PDS or Smart City, a strict legal rule applies: 85% of the sale price must be paid in Mauritian rupees (MUR) into the notary’s account. This requirement means international transfer times and foreign-exchange operations through correspondent banks must be planned carefully so that the escrow account is funded in time for signature.<\/p>\n

Foreign buyers and remote transactions: the notary’s central role<\/h2>\n

The notary plays a key role in securing transactions for foreign buyers, particularly by ensuring that funds are properly received and checked.<\/p>\n

In an international purchase, the notary pays particular attention to the financial security of the transaction. The notary ensures that every amount connected with the sale passes only through the escrow account. Centralising the financial flows in this way protects the seller while also protecting the buyer until the Deed of Sale is finally signed.<\/p>\n

These steps can be completed without travelling. Signing remotely under a Power of Attorney<\/a> is common practice; the document simply needs to be notarised in the buyer’s country of residence. Once the deed has been signed and registered, the notary gives the buyer an authentic copy, which is required to begin an application for a residence permit through property ownership<\/a> with the Mauritian authorities.<\/p>\n

Registration and deadlines: a timetable strictly governed by law<\/h2>\n

A Mauritian notary has a strict legal deadline of 8 days to register the Deed of Sale, failing which a penalty equal to 50% of the duty applies.<\/p>\n

Contrary to the common misconception that the deadline is 7 days, Mauritian law gives the notary exactly 8 days to submit and register the Deed of Sale with the Registrar General. This strict timetable is backed by a significant financial sanction: any delay results in an immediate surcharge equal to 50% of the registration duty due. This requirement gives the buyer a very rapid process for registering the title.<\/p>\n

The law also protects the seller. Once the deed has been signed by all parties, the notary is required to transfer the purchase price to the seller within 5 working days. Westimmo’s team works daily with notarial offices and banks to streamline the collection of compliance documents, make sure funds are ready on time and help the transaction proceed smoothly without delay.<\/p>\n

Frequently asked questions<\/h2>\n

Who pays the notary’s fees in a property transaction in Mauritius?<\/h3>\n

The buyer alone is responsible for the notary’s fees. The seller pays no notarial fees on the sale of the property.<\/p>\n

Which documents does the notary require to prove the source of funds?<\/h3>\n

Under the anti-money-laundering rules in FIAMLA, the notary requires a strict compliance file (KYC). This includes recent bank statements, proof of income such as payslips or company financial statements, and clear evidence of the source of funds before any transfer to the escrow account is authorised.<\/p>\n

Can I appoint my own notary when buying off-plan (VEFA) from a developer?<\/h3>\n

Yes. Using two notaries is common and lawful in Mauritius. The buyer may appoint a separate notary to protect the buyer’s interests alongside the notary appointed by the developer, with the regulated fees shared between the two professionals.<\/p>\n

Sources and verification<\/h2>\n