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Article #229: A Global Guide To Property Ownership Rules And Restrictions

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Thinking about acquiring a second home restricted, but a purchase may be
abroad? Worried about the stories you've permitted if you obtain approval from the
heard? The ones where, having written the Tourism Institute and start construction
last check to the real estate agent, within 36 months.
local officials knock on your new door to Italy
inform you that you don't actually own As in France, there are no restrictions
your bijou residence on the beach...you on who can buy property in Italy.
were misinformed and you need to move out Mexico
right now. Don't panic-help is at hand. Technically, as a foreigner, you are not
Buying a second home in a foreign country allowed to buy real estate within 62
can be difficult, but here at miles of an international border or 31
International Living we've done the miles of the coast, but these
groundwork for you already, and have restrictions can be sidestepped legally,
sifted out the pitfalls and pluses of a either by buying via a Mexican land trust
variety of places where you might like to (fideicomiso) or via a Mexican
have a holiday or retirement home. corporation. Another issue to be aware of
Read on for our country-by-country guide is that ejido land (land granted by the
to property ownership restrictions, and government to Mexico's indigenous people)
find out what holds for whom, and cannot be owned by foreigners, and
where... And, before you seriously therefore any transaction involving this
consider buying property anywhere is fraught with risk and best avoided.
overseas, be sure to seek advice from a New Zealand
reputable in-country attorney, who can There are a few restrictions for
advise you on your purchasing or leasing foreigners wishing to buy property in New
options. Zealand, but they are not too limiting.
Argentina These restrictions cover non-New
This market is open to all; there are no Zealanders wanting to acquire more than
restrictions on foreign ownership of 12 acres, land of more than 1 acre
property in Argentina. Foreigners have adjoining or containing "sensitive" land
the same rights in this respect as (including reserves, specified islands
nationals, except for Argentine land near and historic or heritage land and lakes),
a foreign border. In this scenario, some and land of over half an acre on or
additional paperwork is required, which adjoining the oceanfront. In these
may take a little longer. situations, the buyer must obtain
Australia approval from the Overseas Investment
Australian citizens and permanent Commission, and, for applications
residents can acquire any type of concerning "sensitive land," from a
property. Foreigners not living in Minister. The paperwork process is swift
Australia, and corporations, can acquire and can usually be completed within one
up to 50% of residential developments, month.
and are permitted to buy new property or Nicaragua
land for building as long as construction You have the same rights as Nicaraguans
starts within 12 months of purchase. regarding property ownership, the only
Older properties can be purchased on areas to be wary of being in the
condition that at least an extra 50% of autonomous regions, Regiones
the purchase price is spent on Autonomistas, where the government needs
renovation, further construction or other to consult the indigenous people.
improvements on the property. In all Panama
cases, however, foreign nationals need to There are few limitations on what
obtain approval from the Foreign non-Panamanians can buy in terms of real
Investment Review Board. This application estate. Property within six miles of
should take roughly 40 days. international borders is out of bounds,
Bahamas and there are restrictions on some island
Buying property in the Bahamas is and waterfront property unless it is
relatively easy, but you should be aware situated in one of the Tourism Zones.
of certain requirements. Non-Bahamians Beachfront properties must provide a
must register any purchase with the right of way. Building over the water
Foreign Investments Board, and special also requires a permit with a special
permits are required, if the property is concession from the maritime authorities
land of over 5 acres in size, if the and the Ministry of Finance, with the
property is to be used for rentals-even exception of Isla Contadora in the Pearl
partially-or if it is to be developed Islands.
commercially. Foreigners should also Poland
register any property investment with the Foreigners, and companies where
Exchange Control at the Central Bank of foreigners have controlling interest, are
the Bahamas if they wish to sell and take free to buy urban plots of up to 1 acre,
the proceeds out of the country in the or rural land of 2.5 acres, but agreement
original currency of the transaction. must be obtained from the Polish Ministry
Belize of the Interior. This can be waived,
Government approval from the Ministry of however, if you have a permanent
Natural Resources is needed for any resident's permit and have been living in
property purchase by non-locals, but Poland for five years, or if you have a
there are few restrictions. Some coastal Polish spouse and have been living in
areas and cayes are restricted and Poland for two years. Permission is
require municipal approval for freehold generally easily granted.
sale. As this real estate market is Romania
totally unregulated, make sure you get as The acquisition of apartments and
much help and advice as possible from buildings is unrestricted for foreigners,
specialists with experience of property but land is not allowed to pass to
deals in this country. non-Romanians unless it is via a Romanian
Brazil company (even 100% foreign-controlled).
Non-Brazilians can buy almost any Some land, such as forest land, reserves
property in Brazil, enjoying similar and coastline, cannot be bought by
rights to nationals of this country. anyone, regardless of nationality.
There are only restrictions for foreign Spain
ownership of property situated in or near As in France and Italy, there are no
areas of national security, near the restrictions on property ownership for
coast, and near borders with other foreigners, with the exception of
countries. military land and land near international
Bulgaria borders.
There are no restrictions for foreigners Sri Lanka
wishing to buy buildings in Bulgaria, but Foreigners are permitted to own land, but
land is restricted to Bulgarian nationals there is now a 100% transfer tax for
only. This can be legally circumvented by foreigners in Sri Lanka, thus effectively
setting up a Bulgarian company and buying doubling the price of the property. This
the land through the company. When may be circumvented by arranging very
Bulgaria joins the E.U. (it's hoping to long term leases, or, in condominiums, by
join in 2007), this restriction is buying above a certain story. A recent
expected to be lifted. law has also banned construction within
Canada 330 feet of the shore.
There are few restrictions on foreign Thailand
ownership of property in Canada, apart Property ownership for foreigners in
from land belonging to the British crown. Thailand is carefully controlled. Without
Some of this land may come up for sale, special permission from the Minister of
but will not be freehold. The the Interior, foreigners are not allowed
restrictions tend to be at provincial or to own the land on which any piece of
territorial level; on Prince Edward property is found, or to own a condo in a
Island, for instance, non-residents need building if 49% of the other condos are
permission to buy more than 5 acres of foreign-owned. This problem can be
property, and, in Saskatchewan, the resolved in several ways, some more
acquisition of property of over 10 acres realistic than others.
is not permitted. Nova Scotia, For those with 40 million baht
Newfoundland, and New Brunswick, the ($1,100,000) to spare, no problem, as
other east coast provinces, as well as this sum will allow you to acquire just
the provinces of Quebec, Ontario, and over a third of an acre.
British Columbia do not have restrictions For the less well-heeled, one of the most
on foreign ownership. common solutions is setting up a
Croatia Thai-registered limited liability company
Non-Croatians can purchase real estate in and buying real estate through this
this country if they have approval from company, but there must be at least seven
the Ministry of Foreign Affairs. The shareholders in the company, and the
approval is issued if Croatian nationals foreign shareholder cannot hold a stake
can purchase real estate in the country of more than 49%. The Ministry of the
of the purchaser. This approval can take Interior, while ostensibly not wishing to
up to 12 months, but can be reduced if stymie foreign investment, is cracking
the property is bought via a domestic down on the use of Thai-owned companies
company, which can be entirely owned and which appear to hold land for foreigners,
controlled by a foreigner. so more foreigners are looking at
Czech Republic alternatives to this method. Purchase of
Real estate may only be acquired by E.U. land through a Thai spouse is one of
citizens with a Czech spouse or those who these alternatives-if the spouse is
are permanent residents in the Czech prepared to sign a declaration to say
Republic. An officially registered legal that the property was purchased with
entity can also buy real estate. These funds that they had before the marriage.
restrictions are expected to be lifted in Otherwise, an increasing number of
2009, when the Republic's first five foreigners are considering long-term
years' membership of the E.U. is up. leasing: A Thai nominee purchases the
Ecuador property with your funds and you enter
Foreigners wishing to purchase real into a long-term lease of up to 30 years,
estate in Ecuador need permission which can be renewed. The initial period
(usually granted) to acquire land within of lease and subsequent extensions should
30 miles of the coast or a border. be clearly stated in the contract, along
Certain land considered an area of with the declaration that these have been
national security by the government paid for in advance. An option can be
cannot be bought. included in the contract to allow you to
France purchase the land outright if the law
Surprisingly for one of the most changes to allow foreign ownership.
bureaucratic countries in Europe, there A right of usufruct provides temporary
are no restrictions on who can acquire ownership rights for a period of up to 30
real estate in France, and you will be years, which may be renewed, but although
treated the same as French citizens when these rights can be sold or transferred,
buying property. they cannot be inherited as they expire
Honduras upon the death of the holder.
There are some restrictions on owning Becoming a permanent resident is one
real estate in Honduras. As an individual other possibility, especially if you are
foreigner, you are allowed to buy thinking about retiring in this very
property not exceeding three quarters of affordable country. Check the website
an acre. Coastal land, and land within 25 for details.
miles of international borders, is






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