First and foremost, we must locate for you a suitable property-one which fits your style and expectations. To assist us, please fill out our questionnaire. But then what? Rather than be left on your own to discover the details through trial and error, the following discussion checklist will be reviewed as part of your retained relationship with us, so that you will be in a better position to understand the options and possibilities of real estate ownership on Anguilla.
All discussions are focused on minimizing your effort and risk-maximizing your return and enjoyment.
- The Government Policy on Land Acquisition by Aliens – present conditions, potential trends; underlying philosophy.
- The Alien Land Holding License – obligations, requirements, potential penalties, creative options.
- The Cadastral System – land registry restrictions on Alien land ownership and rights, establishing clear title.
- The Fiscal Requirements – Alien land transfer taxes, stamp duties, annual property taxes, innovative payment structures.
- The Legal Options – Anguillian corporations and Anguillian real estate, Alien company Ownership;
- The Closing Process – various purchase and sale agreements and arrangements; implementing contract safeguards for Aliens;
- Financing Opportunities – local options via banks and mortgage companies.
- The Permitting Process – fees and requirements of the planning and building boards; electricity, water and cable connections.
- The Construction Process – architects, engineers, construction managers, contractors; professional terms of reference.
- Immigration and Labor Policy – permanent residence requirements, belonger status, works permits.
- Please note: Supporting documentation is available and provided.
The government’s policy is that land on a sandy beach is reserved for tourism and/or commercial development. You may however purchase property on a rocky coastline, cliffside, or inland with views.
Foreigners are allowed to purchase up to .5 acre for building a villa and you must build a minimum of 2000 sq. ft. of gross external floor area and have construction completed within 18 months from the date the License is issued. After that date a penalty, currently EC$500.00 per month is charged for a period of a further 12 months. Thereafter the penalty is doubled. If the building is still not completed at the end of eighteen months from the agreed completion date forfeiture proceedings may be started which will result in the land being transferred to the Government.
You must obtain an Alien Land Holding License from the Government. If the application is for undeveloped land then Planning Permission is required of the proposed building before an application for Alien Land Holding License can be submitted. Planning Permission is obtained from Lands and Surveys – Planning Board and they meet every 3 weeks. The next step would be submitting the License application to Government in duplicate with the required fee of US $400. Guidance notes and a copy of the application are available on this site. At Lands & Surveys the value of the property is established and noted on the application and then forwarded to the Registry office where it is then taken to the Chief Minister’s office. An interview with someone from the Chief Minister’s office is required for every applicant. These are simple interviews usually only 15 minutes or so in length especially if the property being purchased has already been alienated. After the interview the Application is taken to Executive Council for discussion and decision. Once a decision has been made the minutes of the Executive Council must be approved and then the Applicant is notified from Government of the decision. If the Application is approved then the Applicant is sent a letter noting the amount of taxes due. A second letter will be written for the applicant to pick up the license. The applicant then goes to the Chief Minister’s office to collect the license.
Once you have the license you take it along with the RL1 Land Transfer Forms to Lands & Surveys where the documents are stamped to confirm the taxable value of the property. You then take this paper to The Treasury to pay the taxes noted and obtain a receipt.
You take the receipt and paperwork back to Lands & Surveys and they will then transfer the land to your name.
This whole process takes about 3 months if there are no problems.
There is a 12.5% Stamp Duty for Alien Land Holding Licenses. In addition there is a Transfer Tax of 5%. The taxes are paid on the designated value of the land and/property but not the furnishings, etc.
The general rule of thumb is $300 per square foot plus land, plus cistern construction,landscaping, furnishings.
I only plan on staying in my villa for a couple of months per year. Can I rent it short term to tourists?
Yes you can rent your villa. The government has recently revised their rental policies of villa. When purchasing a villa the buyer must designate if it will be a private villa or a rental villa. An annual fee for renting is required and is based on the square footage of the home and deck space. The base rate is $2600 US for the first 2000 sq. ft, $.50/sq ft for covered sections including porches & garages over the 2000 sq. ft, and $.25/sq.ft for uncovered sections, not including walkways and driveways but including pools, decks, and tennis courts.