{"id":331828,"date":"2026-09-24T14:20:00","date_gmt":"2026-09-24T10:20:00","guid":{"rendered":"https:\/\/real-estate-mauritius.mu\/?p=331828"},"modified":"2026-09-24T18:12:27","modified_gmt":"2026-09-24T14:12:27","slug":"commercial-property-mauritius-foreigner-edb","status":"publish","type":"post","link":"https:\/\/real-estate-mauritius.mu\/en\/commercial-property-mauritius-foreigner-edb\/","title":{"rendered":"Buying or Leasing Commercial Property in Mauritius as a Foreigner: The EDB Authorisation"},"content":{"rendered":"

A foreigner can buy or lease an office, a shop or a warehouse in Mauritius, but buying the premises outright, or leasing them long-term, almost always requires prior authorisation from the Economic Development Board (EDB) under the Non-Citizens (Property Restriction) Act. Only a short-term commercial lease is exempt from any formality, and only if it does not exceed 30 years.<\/p>\n

The legal framework: why non-citizens need an authorisation at all<\/h2>\n

In Mauritius, any transfer or holding of immovable property by a non-citizen without prior approval is void and of no effect, whether the property is held directly, through company shares or through a trust. This regime is set out in the Non-Citizens (Property Restriction) Act. Approval is granted either by the Prime Minister’s Office (PMO) or by the EDB, depending on the type of transaction. Since a December 2016 amendment, any non-citizen, whether or not they hold an investor registration certificate, may purchase or otherwise acquire immovable property for business purposes with prior EDB authorisation.<\/p>\n

What needs authorisation, and what does not<\/h2>\n

The rule differs between buying and leasing, and it depends on the length of the lease. The EDB’s own guidelines set out the following breakdown.<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n
Authorisation required by type of transaction<\/caption>\n
Situation<\/th>\nAuthorisation required<\/th>\nAuthority<\/th>\n<\/tr>\n<\/thead>\n
Commercial or business lease of 30 years or less<\/td>\nNo<\/td>\n\u2014<\/td>\n<\/tr>\n
Commercial or business lease of more than 30 years<\/td>\nYes<\/td>\nEDB<\/td>\n<\/tr>\n
Freehold or leasehold purchase of premises, office space or land for business purposes<\/td>\nYes<\/td>\nEDB<\/td>\n<\/tr>\n
Acquisition of shares in a company holding immovable property<\/td>\nYes (Certificate)<\/td>\nPMO<\/td>\n<\/tr>\n
Residential rental of 4 years or less<\/td>\nNo<\/td>\n\u2014<\/td>\n<\/tr>\n
Residential rental of more than 4 years<\/td>\nYes<\/td>\nEDB<\/td>\n<\/tr>\n
Inheritance or acquisition through marriage<\/td>\nNo<\/td>\n\u2014<\/td>\n<\/tr>\n
Shares in listed companies<\/td>\nNo<\/td>\n\u2014<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

A 30-year, non-renewable commercial lease therefore remains the fastest route for a foreign entrepreneur who wants to open an office or a shop without going through an approval process.<\/p>\n

What business activities the EDB actually authorises<\/h2>\n

Authorisation is generally granted where the business activity involves the development of a high-activity commercial building \u2014 a shopping mall, an office building or a warehouse \u2014 for own use, sale, rental or lease; the development of a residential project under the Smart City Scheme or the Property Development Scheme; or any other activity carried out for reward, gain or profit. One notable exclusion: acquiring bare or serviced land purely to resell or rent it out is not covered by this authorisation.<\/p>\n

A company becomes “non-citizen” the moment one shareholder is foreign<\/h2>\n

This point is easy to miss and has real consequences: a company is treated as a non-citizen as soon as any non-citizen individual or entity holds shares in it, regardless of how many shares. A Mauritian company with a single minority foreign shareholder falls under the same authorisation regime as a wholly foreign-owned company. It is worth checking this before setting up an acquisition structure \u2014 see also the options for running a business in Mauritius as a company or as self-employed<\/a>.<\/p>\n

Applying to the EDB: documents, timeline and cost<\/h2>\n

The application is submitted to the Chief Executive Officer of the EDB, either directly by the buyer or through a mandated third party \u2014 a notary, consultant, developer or real estate agency. The core file includes a signed application form, the company’s certificate of incorporation and register of shareholders, a business plan detailing the promoters, the project and its financing, a site plan drawn by a sworn land surveyor, a valuation report from a chartered valuation surveyor, a presale agreement (compromis de vente) endorsed by a notary public \u2014 or a letter of reservation for a lease \u2014 and proof of funds from a bank or a recognised institution.<\/p>\n

Depending on the type of applicant \u2014 individual, company, soci\u00e9t\u00e9, trust, foundation or limited partnership \u2014 further documents are required: an authenticated passport, a bank reference, a register of beneficial owners, or the trust deed. The file can be submitted in hard copy at the EDB’s head office or by email. The EDB acknowledges receipt within 5 working days, but there is no fixed timeline for a decision, which depends on the complexity of the file. No processing fee is charged for an application to acquire property for business purposes.<\/p>\n

The conditions attached to the authorisation<\/h2>\n

Once granted, the authorisation is valid for 6 months and comes with several obligations: the property must be used exclusively for the stated purpose, it cannot be put to another use without prior EDB clearance, it cannot be resold without EDB approval, the company’s shares cannot be transferred without EDB or PMO approval, no form of property speculation is allowed, and land duties and taxes are payable on the property’s current market value. Any licence needed for the actual business activity must be obtained from the relevant authorities before operations start. Strict deadlines also apply: 18 months to complete a new construction from the date the transfer deed is signed, or 6 months to install equipment and start operations where the property acquired is an existing building \u2014 including where it was bought off-plan (VEFA).<\/p>\n

What happens without authorisation<\/h2>\n

A property held by a non-citizen without the required authorisation, or that breaches a condition of the authorisation granted, is considered void. The Curator then takes possession of it and is obliged to have it sold; the proceeds, once charges are deducted, are returned to the non-citizen. This is a real financial risk, not just an administrative one \u2014 the owner loses control over both the timing and the price of the sale.<\/p>\n

What the transaction costs: duties and taxes<\/h2>\n

On a purchase, two duties apply to the property’s value: land transfer tax, payable by the seller, at 5%, and registration duty, payable by the buyer, also at 5%. These are the same rates that apply to an ordinary residential purchase in Mauritius \u2014 see our guide to registration duty and notary fees<\/a> for the residential case, which follows the same principles for commercial transactions.<\/p>\n

Reselling: a fresh application at every step<\/h2>\n

The property can only be resold once the EDB has given prior approval. The current owner must submit a no-objection application to the disposal, giving details of the property and of the next buyer. That buyer must then submit a fresh acquisition application, following the same procedure as a first-time buyer \u2014 the authorisation chain never stops. The logic is close to what applies when reselling a residential property as a non-citizen<\/a>, though the fees and formalities differ.<\/p>\n

Leasing instead of buying: the route with no authorisation<\/h2>\n

For a foreign entrepreneur who wants to open a shop, a practice or an office without tying up significant capital or waiting for an approval process, leasing is the fastest route: a commercial lease of 30 years or less, non-renewable beyond that term, needs no formality with either the EDB or the PMO. It is the most common solution for a local shop or a service business, while buying makes more sense for a longer-term real estate investment, such as developing an office building intended for sale or rental.<\/p>\n

Mistakes to avoid<\/h2>\n

A residential property cannot be converted into commercial premises: a non-citizen can only acquire residential property under an EDB-approved scheme, not with a view to later converting it to business use. It is also advisable to file applications for the licences specific to the business activity in parallel with the EDB acquisition request, rather than waiting for the EDB decision before starting them \u2014 the two processes can run side by side. Once the property is acquired, the non-citizen may separately apply for an Occupation Permit as an investor, but this is a distinct application, not an automatic outcome of the property authorisation.<\/p>\n

Sources and verification<\/h2>\n