How To Purchase Land in St Lucia

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how to purchase land and property in st lucia

Acquiring your ideal property in Saint Lucia can be a straightforward process, yet it’s essential to enlist the assistance of a knowledgeable local professional proficient in conveyancing, contract, and land law to navigate the complexities of how to purchase land in St Lucia.

Each property transaction is distinct. Prior to finalizing your purchase, consult with us to receive guidance on the optimal approach tailored to your specific requirements.

Guide on How to Purchase Land in St Lucia:

  1. Submission of an application for a “Certificate of Eligibility” and subsequently for the “Alien Landholding License” (Applicable to Non-Nationals only).
  2. Preparation and execution of the “Agreement for Sale” document.
  3. Preparation and signing of the “Deed of Sale.”
  4. Registration of the “Deed of Sale.

Certificate of Eligibility for Alien Landholding License (Non-Citizen or Non-CARICOM Nationals):

Non-Citizen or Non-CARICOM nationals must apply to the Citizenship by Investment Board for a Certificate of Eligibility, a prerequisite for seeking an Alien Landholding License to acquire real estate in Saint Lucia.

The Certificate may be issued for either one (1) year or ten (10) years. Within this validity period, an individual can acquire multiple properties using the same certificate, but a separate Alien Landholding License is required for each purchase.

The Alien Landholding License is a permanent authorization without the need for renewal. It applies to a specific property and is non-transferable once an “Agreement for Sale” has been executed.

Note: Upon obtaining an Alien Landholding License, the applicant becomes eligible to apply for an Alien Investor Entrance Permit, allowing indefinite stay in Saint Lucia for the license duration (property ownership). The application fee for the permit is USD500, plus courier fees.

The application fees are outlined as follows:

  1. Certificate of Eligibility – USD 3,000 + Professional Legal Fee of USD 1,500 = USD 4,500
  2. Alien Landholding License** – USD 2,500 + Professional Legal Fee of USD 1,500 = USD 4,000

Total Application Fees = USD 8,500

To initiate an application for an Alien Landholding License, each applicant must provide the following documentation:

  1. Birth Certificate or Birth Record (original or Certified Copy)
  2. Two passport-size photographs (taken within the last 6 months)
  3. Original Police Certificate of good Character from the country of origin
  4. Bankers’ Reference Letter (dated no longer than 3 months from the application date)
  5. Certified copy of passport and citizenship details (copy data pages of passport)
  6. Non-refundable government application fees, as specified above
  7. Completion of the associated forms
  8. A Statutory Declaration affirming the accuracy of the Application contents

In the event of an Alien Company, the following documents are required:

  1. Certificate of Incorporation/Certificate of Registration (Certified)
  2. Certificate of Good Standing or its equivalent from the country of registration (Certified)
  3. Filed Corporate Documents (Certified)
  4. Notice of Directors, Shareholders, and/or Beneficial Owners of the Company (Certified)

For Certifications by Non-OECS Notary Royal, Attorney-at-Law, or Commissioner of Oaths, an Apostille is necessary.

For an OECS Notary Royal, Attorney-at-Law, or Commissioner of Oaths, a copy of his/her Practicing Certificate or equivalent must be provided.

** Note: The Alien License fee of USD 2,500 is applicable to properties with a land size less than or equal to one acre. For properties:

  • Greater than 1 acre and up to 5 acres, the Government fee is USD 5,000.
  • Greater than 5 acres and up to 10 acres, the Government fee is USD 10,500.
  • Greater than 10 acres, the Government fee is USD 10,500.

 

how to purchase property in St Lucia

Document: “Agreement for Sale” (Applicable to Nationals and Non-Nationals)

This document serves as the contractual agreement between the vendor and the purchaser, possessing legal binding force. It outlines crucial terms governing the transaction, including but not limited to the deposit amount, the timeframe for balance payment, conditions for completion, and any other essential elements leading to the property’s transfer with assured good title and vacant possession.

Upon signing the “Agreement for Sale,” the purchaser typically submits a deposit, often equivalent to 10% of the purchase price, held in escrow until specific conditions precedent are met or until the completion of the “Deed of Sale.” The clauses embedded in the “Agreement for Sale” guarantee the return of the deposit, along with the 10% forfeited by the vendor, should the vendor withdraw from the sale or fail to provide a good title. Depending on the circumstances and the terms of the agreement, additional legal remedies may be available to the purchaser. If the purchaser withdraws from the sale, their deposit is typically forfeited. The primary objective of the “Agreement for Sale” is to ensure that the vendor can convey clear title and refrain from selling the property to another intended buyer.

Prior to executing the “Agreement for Sale,” the customary legal procedure involves thorough searches at the Land Registry, commonly known as a Title Search. This process aims to confirm that the property is free from any encumbrances that cannot be rectified within the specified completion period outlined in the contract. Esteemed Estate Agents encourage and facilitate Registry searches, ensuring a seamless and legally compliant purchase process for prospective buyers.

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