VEFA Contract
The law in Mauritius governing the sale of residential units caters for two procedures:

1 - Off-plan sale (vente en état futur d'achévement) (VEFA)

2 - Direct Sales Contract (built residencies)

VEFA Sales Contract
At Royal Park, apartments and villas will be sold under the VEFA system, which provides for progress payments at different stages of construction. An independent quantity surveyor certifies those stages. As a counterpart, the vendor has to provide a bank guarantee that the works will be completed. In the case of Royal Park, the guarantee will be given by The Mauritius Commercial Bank Ltd, the largest bank on the island.

Mauritian civil law is almost entirely based on French civil law. VEFA or off-plan sales, as they are referred to in the UK, are essentially governed by the same rules as those laid down by the French Civil Code. These are fully protective of purchasers.

The main characteristic of a VEFA contract is that ownership of the land passes to the purchaser immediately upon execution of the deed of sale, while ownership of the building itself only passes to the purchaser on completion of the construction.

A further advantage of the VEFA system is that, as the land title passes immediately to the purchaser, the residence visa or permit becomes available at that time.

As building contractors are liable for any defects in the building for a period of 10 years, they must take out special insurance covering their works, for the benefit of the purchaser and subsequent owners of the building.

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