Owning Real Estate in the BVI for Non-British Virgin Islanders

Persons who are not native to the Virgin Islands and have been willed or are interested in purchasing real estate should know the processes involved.

Persons who are interested in owning real estate in the British Virgin Islands (BVI) but are not born in the BVI or do not have at least one parent or grandparent, a spouse or another warranted circumstance, must apply to the Ministry of Natural Resources and Labour (MNR&L) for a Non-Belonger Land Holding Licence before they can hold title to the property. These persons are classified as "non- belongers" as it pertains to owning property. If a registered company is interested in purchasing property then company documents must be submitted showing the directors and shareholders of the company to determine if the company is a non-belonger company.

The Law Governing Non-BVIslanders and Real Property

The law that governs this process is classified as the "Non- Belongers Land Holding Regulation Act (CAP. 122)". Land can be acquired by foreclosure, purchase or by probate. Once a person is deemed to be a non- belonger, they must complete and submit an application form with the required attachments and fees to the Ministry of Natural Resources and Labour in Road Town, Tortola.

The Non-Belonger Land Holding Licence Application Form

There are two applications forms, one for companies and one for individuals. If more than one individual wishes to apply for a licence to hold land, then each applicant will have to complete a form. For businesses, the form asks for general information about the company and there is a section for the directors and shareholders to answer general questions similar to the forms for individual applicants.

• Application Form for Individual Applicants: This form asks for general identification information such as one's name, address, contact information, places previous lived and employment status. It is important to answer all the relevant questions since the application may be returned for unanswered questions.
• Application Form for Companies: The general information in relation to the company that is required is the company name, registered office, contact information and the type of shares issued. The application also asks for the "main objectives for which the company is established." A company is deemed a non-belonger company if any of the directors are non-belongers. In addition, if the directors are BVIslanders and more than one-third of the shareholders are non-belongers, the company is deemed a non-belonger company.
• Property Description: The company and individual applications ask for the description of the land. Land in the BVI is classified by a block number, parcel number and a registration section. The local name of the location must also be submitted and notes of any right of way to the beach must be included. The application must also state whether the property is developed or undeveloped. If there is development, then the number of bedrooms, bathrooms and other rooms must be stated and photos are to be provided.
• Vendor or Lessor Information Must Be Shared: The name of the vendor or lessor must be submitted in the application form and it must be clarified if he or it is a belonger or belonger company.
• Usage and Future Plans to be Detailed: The Ministry of Natural Resources and Labour of the Government of the British Virgin Islands requires that any potential non-belonger land owner share the purchase price and their plans for the usage and/or development of the property. Applicants must also share their source of funds for financing.

Supporting Documents to the Non-Belonger Land Holding Licence Application

Firstly, the MNR&L requires that application forms are original forms with a color logo and not photocopies. The supporting documents are the same for both individual and company applications, except that the company applications must be accompanied by company documents.

• References & Identification: The application for each applicant or director or shareholder must be accompanied by two character references and two personal references. According to the application form, the personal reference must indicate "the applicant's ability to purchase land and to carry out the proposed development or improvement." The Ministry recommends that this reference should come from an employer, auditor or banking institution. A financial statement which is one year's worth of bank statements from a savings or checking account, is also required. A current police report must also be submitted as well as a recent passport-sized photograph of each applicant.
• Supporting Documents for the Property: The property must be advertised for four weeks in a local newspaper. The local papers in the BVI are published once per week. The advertisement must share the size, information about whether the property is developed, and contact information for the vendor. A valuation or appraisal report from an appraiser licensed in the BVI must also be submitted in addition to the sales agreement and name of the potential contractor. Another document is a letter-sized survey map of the property which must be requested from a licensed surveyor in the BVI.
• Documents from the Vendor: If the vendor is a belonger or belonger company, copies of birth certificates or belongers identification cards should be attached. If the vendor is non-belonger, then a copy of their transfer document or land title and a copy of the vendor's non-belonger land holding licence should be attached.
• Supporting Documents for Company Applications: Applications from companies should submit copies of the certificate of incorporation, the memorandum and articles of association, a certificate of good stand and a certified document detailing the directors and shareholders of the company from the jurisdiction of incorporation.

Non-Belongers Land Holding Licence Applications and Probates and Divorces
For persons who have been bequeathed real estate in the BVI, the same application procedures apply but a copy of the grant of probate also needs to be submitted and the property need not be advertised. If a couple who had a licence has divorced, documentation reflecting the details of the settlement and the Decree Absolute should also be submitted with the application.

To ensure that your application is processed in a timely fashion, be sure to follow the guidelines set out in the application form and attach all the required supporting documents. For more information about the applications for Non-Belonger Land Holding Licences, you may contact the Ministry of Natural Resources and Labour in the British Virgin Islands.