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GOVERNMENT OF ANGUILLA

GUIDANCE NOTES ON THE ALIEN LAND HOLDING

REGULATIONS ORDINANCE 1976, AS AMENDED

APPLICATION FOR ALIEN LAND HOLDING LICENSE

Applications for Alien Land Holding Licenses must be made to the Department of Lands and Surveys.

Before an Alien Land Holding License application can be accepted for processing all of the following must be available.

1) Planning permission for the proposed development from the Land Development Control Committee, at least in outline.

2) Two completed Alien Land Holding License application forms for each applicant with recent colour passport photograph attached. Where the applicant is a company the managing director and company secretary should complete separate application forms. Full details of all the directors, shareholders and benefactors of the company should also be given.

3) An original or a certified copy of :

(a) Bank reference showing your financial status and current net worth
(b) Police records from all the countries you have lived in over the past seven years
(c) Personal reference

4) Details of the proposed development including a full marketing study for any tourist or business project.

5) An application fee of EC$665.00 for each application either in cash or a Bank Cheque made out to "the Accountant General."

You should also be aware that approval will only be given for whole parcels. Where you hope to purchase part of a parcel you must ensure that the lot you require is first subdivided and given its own block and parcel number.

The information requested is required to permit your application to be considered in its proper perspective. You should note that before determining whether a License will be granted the Minister of Lands will interview applicants who meet the basic requirements.

You should be aware that an Alien Land Holding License does not in any way exempt you from any other law in Anguilla restricting or limiting the use of land in particular the need for planning and building permission. Before you can apply for an Alien Land Holding License you must have at least an outline planning consent for the development you propose. Full planning consent and a building permit are required before work can commence.

Once approval for an Alien Land Holding License has been granted Stamp Duties and, where applicable, a deposit must be paid to the Treasury before the License is issued. Licenses must be collected within two months of the Executive Council decision to grant you a License. Failure to collect a License within time-frame will result in the License being canceled. In which case you will have to re-apply from the beginning.

You should be aware that you will not be permitted to rent your property unless express permission is obtained from Government. Currently permission is subject to a fee of US$1,2000.00 per year.

STAMP DUTY AND DEPOSIT

The current rates of Stamp Duty for Alien Land Holding Licenses are specified in the Alien Land Holding Regulations (Amendment) Ordinance 1993.

Freehold land now attracts Stamp Duty for Alien Land Holding Licenses at a rate of 12.5%.

The rates for leasehold are:

over 99 years 11% of the freehold value

from 50 years to 99 years 10% of the freehold value

from 10 years to 50 years 05% of the freehold value

less than 10 years EC$500.00

Any other interest EC$500.00

In addition to Stamp Duty for Alien Land Holding Licenses, Stamp Duty is also payable on transfers. For freehold the Stamp Duty rate is 5% of the freehold value, and for leasehold 0.05% of the freehold value for each year of the lease.

Where land is being purchased for construction of a residence a deposit of 10% of the freehold value is required prior to issuing the License. This deposit is refunded if the property is completed within the time specified in the License.

POLICY

Residences built by aliens must not be less than 2000 sq. ft. of gross external floor area and the property must be completed within 18 months.

The present policy is to permit aliens to purchase up to a half acre for residential use but larger areas may be permitted in exceptional circumstances. Where permission is granted for a private home renting is NOT permitted unless specific permission is granted. The granting of permission will be subject to applicant agreeing to pay a fee for the privilege of renting (currently US$1,200.00 per year)

PENALTIES

Alien Land Holding Licenses are granted to enable aliens to acquire and develop land. All

Licenses are subject to conditions and breached penalties may be enforced.

Licenses for bare land require the applicant to build within a given time-frame. For houses the applicants are usually required to complete construction within eighteen 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 proceeding may be started which, will result in the land being transferred to The Government.

FURTHER INFORMATION

If you have any question or require clarification on any point contact either the Permanent Secretary Lands at 2443 of 2518 or the Director of Lands and Surveys at 2424. However you are advised to seek legal advice before purchasing any land or interest in land.

Chief Minister's Office

12 January, 1996

 
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