Lovely beaches. Charming waterfront hideaways. Quaint little villages. Friendly and accommodating locals. Welcome to St. Vincent and the Grenadines.
Spanning approximately 150 square miles and 32 islands and cays, St. Vincent and the Grenadines remains relatively untouched and continues to lure expatriates to its shores. Not many islands can claim to be the home away from home for royalty such as Queen Elizabeth II, Catherine the Duchess of Cambridge (Kate Middleton) and Princess Margaret! Yes, SVG is known to be a favourite playground to celebrities including Bill Gates, Mick Jagger, David Bowie. Today, St. Vincent and the Grenadines, in particular the Grenadine islands of Bequia, Canouan and Union Island, offer some of the most serene features and prime residential properties. Allow us to assist you with information on how to acquire your own little piece of this island paradise.
The LicenceThe Alien (Land-Holding Regulation) Act (Cap. 316 of The Revised Laws of St. Vincent and the Grenadines, 2009) stipulates that a person who does not belong to Saint Vincent and the Grenadines (including any company incorporated in Saint Vincent and the Grenadines or in any other part of the Commonwealth, and every corporation incorporated in a foreign country) must have an Alien Landholding Licence before they are allowed to own land in St. Vincent and the Grenadines. You “belong” to St. Vincent and the Grenadines if you are a Citizen; a Resident for more than seven (7) years; married to a Resident or Citizen; or a child born to a Resident or Citizen. The Licence is obtained from the Government, and may take anywhere between 6 – 8 weeks to process.
The procedure to acquire the Licence is relatively simple. The applicant(s) will need to provide basic information to include name, address, date of birth, place of birth, nationality, passport details, marital status, occupation, and any other detail that may be relevant to the application. Applicant(s) will also be required to submit a reference from their bankers and a copy of Police Record. A non-refundable application fee of EC$2,500.00 is to be paid.
Power of AttorneyYour lawyer should advise you to give a Special Power of Attorney to a local person (lawyer or real estate agent, or someone you may know and trust in the country) to assist you with the execution of various documents throughout the process, since you may not be able to legally be in the country at all times prior to receiving the Licence. The Special Power of Attorney limits your representative’s actions and does not confer any title to or over any part or parcel of the property you wish to purchase.
Your representative will then be sure to request survey copies of the property you wish to purchase, have an independent valuation of the property done, and do any due diligence you would wish to be done prior to you signing the Agreement for Sale.
The Agreement for SaleOnce you have done your due diligence on the property you wish to purchase, you will request that your lawyer prepare an Agreement for Sale so that the owner of the land can sign to indicate his commitment to sell the property to you and to no one else. The Agreement for Sale allows peace of mind that the property is reserved for you to purchase. The Agreement should specify that it is subject to you receiving the Licence. Your lawyer will then undertake to expeditiously apply for the Licence. Be sure that the purchase price as agreed is quoted in the Agreement for Sale. Ordinarily, you as the purchaser will be required to pay a 10% deposit upon execution of the Agreement.
Fees In addition to legal fees, you should consider other fees and expenses including:
- Government Stamp Duty, which is usually 5% of the value of the land
- Government Registration Fee, which is usually EC$2.50 for each EC$1000.00 of the value of the property
- Other fees such as Valuation, Survey, Search Fees, etc.
Your lawyer should be able to give you a detailed breakdown of the expenses you are likely to incur.
Final ConsiderationsOnce you have submitted all the documents to your lawyer, s/he will be able to initiate the application for the Alien Land Holding Licence. A good lawyer will:
- Equip you with a full list of the pieces of information needed for the application
- Remain in constant communication with you from start to finish
- Provide you with invoices detailing the costs you are incurring
- A transaction report
- Do as much as possible to ensure that the process goes smoothly
—
Posted by Meisha S. Cruickshank. Meisha is a Barrister and Solicitor in St. Vincent and the Grenadines. She practices in the areas of Land and Property Law, Estate Planning and Family Law. You can reach her by phone at 784-451-5669 or email at meishacruickshank@gmail.com.