FAQ
FAQ
Frequently Asked Questions
Can foreigners buy property in Vanuatu?
Yes. There are no restrictions on foreigners buying property. A non-citizen may be required to provide a ‘financial reference’ and a ‘professional reference’ from a local firm, for urban purchases but that is the only distinction made between citizen and non-citizen buyers. You do not need a Vanuatu Investment Promotion Authority (VIPA) Investor’s Certificate or a business license to buy property in Vanuatu. If your purchase also requires a business license (for example, when you buy an existing business) then you would need a VIPA approval and a business license in your name, or in a local company name. Anti-Money Laundering laws apply in Vanuatu and buyers will be required to provide proof of identity.
Is there any freehold land in Vanuatu?
No. If a property is registered it is registered as a as leasehold title. The urban areas of Port Vila and Luganville on Santo Island were declared ‘public’ land in 1980 under the Land Reform Act (Cap 123). The Minister of Lands is the Lessor in the urban areas and in many rural leases where the customary ownership is not yet established.
Do I have to live here to own property?
No. There is no requirement for property owners or holders of Vanuatu residency permits to reside in Vanuatu.
What are the normal steps in buying property in Vanuatu?
- Sign a Sale and Purchase Agreement & pay the deposit (usually 10%) into your agent’s or solicitor’s trust account
- Purchaser proceeds to meet any conditions in contract if any
- Vendor then applies for Lessors Consent to Transfer or arranges for a share transfer.
- Pre-settlement inspection of property or last-minute search of title is carried out by purchaser’s side, if desired.
- Settlement takes place. Documents usually handed over to purchaser include:
- 3 original Transfer of Lease deeds already executed by Vendors, Copy of Registered Title, Settlement Statement, current Property Tax receipt, current Land Rent receipt, Tenancy Agreement (if applicable), Company Documentation (if applicable)
What is the maximum term of a leasehold title?
The Constitution states that the maximum term of a lease is 75 years. Many leases are 50 years from their creation or from Independence on 30 July 1980, but nearly all new leases nowadays are registered for 75 years, including strata title leaseholds.
When you buy a lease is it renewed at the time of purchase or do you buy the term remaining?
When you buy an existing lease, you purchase the remaining term of that lease, not a new 50 or 75 year period.
What happens at the end of the lease?
In 2003 Parliament passed a law (the Land Lease (Amendment) Act No. 24 of 2003) enabling any urban lessee to surrender their existing lease title, and either extend a lease that is currently less than 75 years up to 75 years or, where a lease is already for a period of 75 years, to renew the lease for a full period of 75 years from the date of renewal, upon payment of the requisite premium and administrative fees.
Is it possible to buy apartments or shops on their own Strata title?
Yes. The Strata Title Act was passed in 2000 and also recently approved the Strata Title regulations. This means it is now possible to strata title existing buildings and to create strata titles for new apartment and commercial buildings.
Is it possible to buy apartments or shops on their own Strata title?
Yes. The Strata Title Act was passed in 2000 and also recently approved the Strata Title regulations. This means it is now possible to strata title existing buildings and to create strata titles for new apartment and commercial buildings.
What are the normal buyer’s costs?
2% Stamp Duty 5% Title Transfer Registration If the buyer is purchasing an existing company, the Stamp Duty is 4% on the Share Transfer Value, and because the shares in the lessee company are transferred, not the title itself, there is no 2% Stamp Duty fee. Legal costs are usually between 0.5% – 1.% of the purchase price.
How long does it take to complete a transaction?
Generally, it takes from 1 – 3 months. This varies depending on conditions that may be part of a particular transaction. Any transfer of a property title requires the Lessors ‘Consent to Transfer’.
Do I need to use a lawyer for conveyancing?
The law does not oblige purchasers to use a solicitor but for those contemplating buying property or a business it is very wise to seek legal advice and representation, especially if you are entering the Vanuatu market for the first time. Our laws and practices are likely to be different from your own country.
Is VAT payable on housing sales?
VAT (currently 15%) is not payable by the purchaser on residential property. VAT is payable by a builder if he sells a house he has built or if a property developer creates a land subdivision for sale.
Is VAT payable on all commercial transactions?
As a rule VAT is payable by the purchaser on the sale of commercial property. He can then claim back the VAT if he is a registered VAT entity. A ‘one – off’ sale of a commercial property where the seller is not registered for VAT and has not claimed back VAT for expenses on the property may not be subject to VAT. Also a sale where the vendor has already de-registered from VAT is not subject to VAT. Specific enquires should be made to the VAT Office, or to a solicitor or accountant accustomed to dealing with VAT issues.
What are the usual outgoings on property in Vanuatu?
- Municipal Property Tax (in the Urban Zones) paid every six months.
- Annual Lease (‘Ground’) Rent
- Insurance
- Rent Tax on Residential Rental property (or VAT on commercial). This is 15% of gross income.
Can property transactions be done in any currency, or only in Vatu?
Private parties can agree to a sale in any currency acceptable to both sides. There are no restrictions in sending foreign currency into or out of Vanuatu.
Can I purchase land that has no registered title over it?
Any land area with no registered title cannot be sold, because there is actually nothing legally existing to sell. The majority of land in Vanuatu is unregistered or indigenous land, and the legal ‘customary’ owner(s) has not been established in many areas. A leasehold title must be registered before a transfer (sale) can take place. An undisputed Lessor is absolutely necessary in order to create and register a lease. We strongly advise all potential investors not to enter into any agreement, or pay any money to anyone in such circumstances without first seeking legal or professional advice.