[Article from LexpressProperty magazine 74 (April - May)]
Since the STC regulates the price of cement on the Mauritian market, many people are finally considering building their future home. What are the legal rules to follow in order to do so?
Building permit
Before starting, it is imperative to obtain a building permit from the district council or municipality, to ensure that the architect’s plan submitted complies with current safety standards. Any major modification made to an existing building, such as adding a floor, must also be the subject of a permit request to the competent authorities.
Buildable land
It is important to understand the different types of buildable land available in Mauritius before embarking on your real estate project. Have you acquired residential land, intended for the construction of housing, or land intended for agricultural production? Note that it is possible to convert agricultural land into residential land. It is important to respect certain construction criteria on the land. This includes the statutory distance of 900 mm between the new construction and the neighbor’s land, as well as the minimum distance of 3 to 6 meters from the road, called the "road side reserve".
According to the Civil Code, a minimal free space of 2 meters must be maintained between the openings of the house and the common wall with the neighbor. It is also prohibited to channel rainwater from one’s property into that of the neighbor.
For land located in coastal areas, it is important to refer to the "planning policy guidelines" of the Ministry of Housing and Territorial Development to know the applicable rules regarding the statutory distance and height of buildings. Encroaching on the neighbor’s land can result in civil proceedings and the demolition of the part built on the concerned land. The right of way must be respected to ensure free access to the road.
