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Alien's
Landholding License - General Information
The
property purchasing procedure in St Lucia is similar to that in the UK, with the
exception of the Alien’s Landholding License. Foreigners wishing to purchase
land in St Lucia must first acquire an Alien's Landholding License. Laws were
recently changed in St Lucia to make this process quicker and more flexible.
Please note the following:
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A
local lawyer must register the license.
It
is a permanent license, which does not require renewal.
The
license is granted for a specific property or plot of land and is not
transferable.
There
is a non-refundable license application fee of EC$1,500.00.
The
license fee is EC$5,000.00 for properties measuring less than one acre.
There
is a future tax liability of 10% of the cost of the property or plot of
land, when eventually sold. Note that the payment of the 10% tax can be
avoided by making the purchase through a company, which can be formed at the
time of purchase. Company formation takes approximately 6 weeks and cost
EC$3,200.00.
License
applications take 6 to 8 weeks to process and is normally done during the
early part of property purchasing process.
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Procedures
for Acquiring an Alien's Landholding License
The
application is vetted by the Physical Planning Office of the Ministry of
Physical Development, Environment & Housing, before being sent to the Prime
Minister's Office for approval. After the application has been granted the draft
license is sent to the Office of the Attorney General for approval.
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The list below indicates what needes to be submitted with the license
application form:
Completed
application form.
Full
details of the property or land to be purchased.
A
value assessment of the property or land.
Statutory
declaration.
Four
passport size photographs.
Certification
of character - report from your local police station on information or lack
of information on file.
Certified
finger prints - from a police station.
Treasury
receipt for payment of the application fee (EC$1,500.00).
Approval
in principle, from the Development Control Authority (DCA) in relation to
the use of the property or land.
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Stamp
Duty
Stamp
duty on property is 2% of the purchase price.
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Purchase
Deposit
The
normal deposit for purchase is 10% of the purchase price. To prevent gazumping,
a forfeiture clause is introduced into all purchasing contracts as follows:
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If
the buyer pulls out the deposit is forfeited.
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If
the vendor pulls out then a sum equal to the deposit must be paid to the
buyer. The buyer would receive their original deposit plus the 10% forfeited
by the vendor.
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If
the buyer is unable to proceed due to non-granting of the Alien's
Landholding License, then the 10% deposit is refunded. Note that this is a
rare occurrence.
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Solicitor
Fees
Local
solicitor fees range from 3% to 5% of the purchase price.
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Start-up Cost
The
start-up cost for property purchase is approximately 15% of the property price,
made up of, 10% deposit + 2% stamp duty + 3% solicitor fees.
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Purchasing Off-Plan
Normally,
when
purchasing properties forming part of a new development, the developing company
would put in place an escrow account for owners to make their deposits into, so
that the money is totally safe. The development stage payments is typically as
follows:
10% deposit
20% On completion of foundations
30% On completion of structure
20% On completion of roof and exterior
20% On completion of building
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Vendor's Tax
When
selling property vendor's tax need to be paid at a rate of 5% for St Lucian
citizens and 10% for non-citizens.
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Citizenship
You
can avoid the Alien's Landholding License by becoming a citizen of St Lucia. If
you are not resident in St Lucia you can qualify for citizenship if you fit into
one of the following categories:
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You
or your parents were born in St Lucia.
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You
are married to a St Lucian citizen.
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If
you don't fit into one of the above categories, owning property on the Island is
one of the main qualifications when applying for citizenship.
For further details on investing in St. Lucia, please see: The St. Lucia
(NDC) National Development Corporation's Guide
to investing in St. Lucia, (.pdf Format) |