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Since our launch of Vila Verde, we have
received numerous requests for information. We
have compiled a list of General, Legal and Tax
questions which we will add to as we progress. |
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Buying property in Cape Verde is a simple
process (when done correctly), follows the
Portuguese model and has some local specifics. The
property market has only recently opened to
foreign investors and the authorities are
experiencing new demands on their resources. This
sometimes leads to delays or frustrations,
especially if you have invested in other countries
where the systems are well established. It can
also be dangerous for the unwary if they deal with
the wrong people or do not do a thorough due
diligence. |
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Please feel free to contact us with your
questions if they are not covered here |
|
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| Why should I buy
from Tecnicil? |
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We keep our promises. We are responsible to
you, to Cape Verde and its people and ultimately
to ourselves, to deliver what we promise. After
all, we want you to tell everyone, including us,
of your experience when investing with Tecnicil. |
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| Are there any
restrictions on foreigners buying property in Cape
Verde? |
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No, the Cape Verdean government welcomes
foreign investors. More importantly, you will be
treated as a local and subjected to the same
laws. |
|
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| What makes Cape Verde
such a good investment? |
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Cape Verde is a stable democracy with a
growing economy, measured between 8-10% per year.
With Tecnicil, you also benefit from the inherent
guaranteed quality of your investment, capital
growth and rental yield. |
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| Is the property
freehold? |
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With Tecnicil, yes. Whatever investment you
are considering in Cape Verde, always check: |
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Full title is available
Planning approval has been granted
The developer has a building licence
There are no outstanding debts on the property |
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Always ask for visual proof or get your lawyer
to verify that these are
legitimate. |
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Is it advisable to use
a lawyer? |
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Always, and choose an independent lawyer to
prevent any conflicts of interest and to represent
you in your absence. There are many good lawyers
in Cape Verde who speak English and can guide you
through the process (see "Legal"
section). |
|
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| How do I buy a
property from Tecnicil in Vila
Verde? |
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After you have decided on the type of property
you want to buy, we advise that : |
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You place a reservation deposit to prevent
your property being sold to another investor
You commit to your programme of stage payments
You only sign the Deed of Sale ("Escritura")
when you are satisfied we have delivered on our
promises |
|
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Are mortgages
available? |
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These are now generally available for
non-residents although the interest rates are
higher than those of Europe. We can provide you
with information of the banks who are offering
these facilities or you can choose your own
sources. |
|
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| Are any discounts
available? |
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Discounts are only available when you pay a
higher percentage of the price in your initial
stage payments, prior to the start of
construction. You can ask your agent to explain
these to you or you can contact us
direct. |
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| Are the property
contracts assignable? |
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All of our contracts for purchase are fully
assignable, after permission from Tecnicil,
which will not be unreasonably
withheld. |
|
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| Are there any
bank guarantees for our money? |
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Your first two stage payments, prior to the
start of construction, are covered by a bank
guarantee for 50% of your invested monies with Tecnicil. |
|
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| What happens if
Tecnicil goes bust or fails to deliver our
property? |
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Tecnicil is a solid, reputable Cape
Verdean company, with a ten year track record of
developing quality projects, and holds
considerable assets. Should either of these events
happen, one of several solutions under Cape
Verdean law is that every investor is entitled to
receive DOUBLE (200%) of all monies invested (part
of the Tecnicil "Contract Of Purchase and
Sale"). |
|
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| How much should I
allow on top of the purchase price for additional
costs or fees? |
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We recommend that you budget for an additional
6-8% of the property purchase price for payment of
fees and taxes. |
|
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| Can I rent out my
property? |
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There is a Property Rental programme offering
guaranteed returns or you can choose to do your
own. |
|
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| Who will take
care of my property when I am not
there? |
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There is a full Property Management programme
in place to ensure that your property is well
cared for in your
absence. |
|
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| Can I open a bank
account in Cape Verde? |
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Yes and we can introduce you to the local
banks. It usually takes less than one
hour. |
|
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| When does
construction of Vila Verde start? |
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Vila Verde construction will begin in
September 2006. |
|
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| When will Vila
Verde be completed? |
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The anticipated date of delivery June 30th.
2008. We allow eighteen months for the
construction of your property from the start date
agreed on the signing of your Contract of Sale and
Purchase. |
|
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| Is Vila Verde
being built in phases? |
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Yes and the launch of sales for the first
phase began on 17th. March 2006. We have been very
encouraged by the initial uptake of properties and
we expect to have the second phase launch within
two months. |
|
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| Is Vila Verde
beachfront? |
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The sea is roughly 300 meters away from Vila
Verde at its nearest point. This distance helps to
protect against salt spray and sand blown by the
breeze. |
|
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| Who is
responsible for the connection of
utilities? |
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Tecnicil is responsible for the
delivery of utilities to every property. For
connection, you will sign an individual contract
with each provider for the supply and payment of
their services, just as in your own
country. |
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| How can we
furnish our property in Vila Verde? |
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You can do this yourself if you wish or we can
provide full furniture packages to satisfy your
requirements, whether you want to live in or rent
out. |
|
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| Are there lifts
in the apartment blocks? |
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Yes, each apartment block has lifts for use by
the residents. Furthermore the resort is barrier
free. |
|
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| How secure is the
resort? |
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There is 24 hour security on Vila Verde, both
manned and CCTV. Access to Vila Verde is
controlled but not
restrictive. |
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Legal
Questions: |
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| What are the main
risks when I buy property in Cape
Verde? |
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Always check that the property you
are intending to buy has: |
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Full legal title i.e. does the developer own
the land and is this transferable
Planning permission
Building approval
No outstanding debts or liens on the
property |
| And that
the developer has the correct building licence.
Ask to see the relevant documents before
committing to any
investment. |
|
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| Are there any
instance when I can lose my property or
land? |
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Only in case authorized by the Cape Verdean
constitution viz. for nationalization, demands for
public service, or in cases of exceptional need to
safeguard national interests. In all instances,
just compensation will be paid to the
owner. |
|
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| How do I legally
buy real estate property in Cape
Verde? |
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The common way to buy property in Cape Verde
is through the completion of a "Contract of
Purchase and Sale" between the seller and buyer,
before a public Notary. This contract must be in
the form of a public deed which guarantees
transparency, certainty and security to the
transaction. |
|
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| Is it advisable
to have a lawyer? |
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We would always recommend that you have an
independent lawyer. The official language of Cape
Verde is Portuguese and you should choose a lawyer
who is bi-lingual, can practice Cape Verdean law,
can guide you through the process and carry out
your instructions. Contact the Bar Association of
Cape Verde:
Ordem dos Advogados de Cabo Verde
Tel
Nos: + 238 261 9755/6
Fax: + 238 261
9754 |
|
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| Should I grant a
Power of Attorney? |
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Yes, unless you intend to be present in Cape
Verde to sign the Promissory Contract, the Deed
("Escritura") on completion and to obtain a Cape
Verde Tax Card.
If you choose to appoint a
lawyer outside Cape Verde e.g. in the United
Kingdom, the Power of Attorney must be completed
in Portuguese (get a local translation) and must
be:
1. Signed in front of a Notary Public
2.
Endorsed (an "Apostille") by the relevant
authorities in your own country
3. Submitted
for legalization by the Cape Verde Honorary
Consul
The procedure must be followed in this order or
the Power of Attorney may be
invalidated. |
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| What should I
expect a lawyer to do on my behalf? |
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Under your instructions, your lawyer
should: |
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Complete the relevant searches at the Land
Registry and local Municipal Authority offices for
charges against the property or restrictions on
title.
Check that the property has a valid permit of
habitation.*
Obtain for you:
- "Certidao do Registo Predial" -certificate
from the land registry.
- "Planta de Localizacao" - official land
registry map showing the property's exact
location.
- "Certidao Matricial" - Tax Certificate.
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(*If the property is not registered, your
lawyer needs to obtain: "Certidao Pela Negativa" -
a certificate confirming that the property is not
registered to any person.
"Certidao Matricial para o Efeito" - a
certificate from the tax authorities confirming
the tax certificate can be issued.
|
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In all cases, it is essential to make sure
that the property can be both legally occupied and
transferred to new ownership.) |
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Check that there are no outstanding taxes,
debts or bills on the property.
Apply for a Cape Verde Tax Card and NIF ("O
Numero de Identificaçao Fiscal") on your behalf.
Ensure that the contract specifies all the
terms and details of the property purchased (see
Q.8.). If these are not included, the lawyer may
arrange for these to be added.
With your approval, sign the Promissory
Contract of Purchase and Sale ("Contrato Promessa
de Compra e Venda") in the presence of a Notary
Public in Cape Verde.
On completion:
o Pay the property Transfer Tax.
o Pay
the Notary's fees
o Pay the Registration
fees
o Pay the Stamp Duty
o Sign the Deed
of Conveyance ("Escritura") in the presence of a
Notary Public after the thirty day notice
period, which confirms formal transfer of
ownership of the property.
|
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The Notary reports the transfer of ownership
to the local Municipal Authority, who will update
their records by registering the new owner.
It is also advisable for you to draw up a Will
in Cape Verde even if you include your property in
your Will in your own
country. |
|
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| What safeguards
are there to protect invested
monies? |
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The common way to buy property in Cape Verde
is through the completion of a "Contract of
Purchase and Sale" between the seller and buyer,
before a public Notary. This contract must be in
the form of a public deed which guarantees
transparency, certainty and security to the
transaction. |
|
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| What is the
language of the contract and what should it
contain? |
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The official language of Cape Verde is
Portuguese. A good developer will always offer a
translation in English to ensure that you
understand the content.
The contract should
specify all salient terms and details and as a
minimum should include:
Standard Terms and Conditions
Start and completion dates
Warranties or guarantees
Payment method
Handling of any retentions
Procedures for correcting defects(snagging)
Procedures for Breach of Contract
Copies of all Certificates (see Q.4)
NIF of both seller and buyer
Copies of ID/passports or commercial
registration documents
Copy of Power of Attorney |
|
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| Tax
Questions: |
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| What are the
taxes relating to property in Cape
Verde? |
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Transfer Tax (IUP) |
3% of the attributed value |
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Annual Property Tax
(Annual
Rates)
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3% on 25% of the attributed value, which can
be paid in one or
two instalments |
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Capital Gains Tax |
1. On land sold for construction, is taxable
if the sale price is greater than 200% of the
original purchase price
2. On any other
property, is taxable if the sale price exceeds
130% of the original purchase price
Capital Gains Tax ("Mais Valia") on property
is 3%, based on 70% of the increase in value,
excluding the allowances detailed in (1) &
(2) above.
Taxes should be paid within 30 days of
signing the Deed. At the same time, a Statement
of Capital Gains ("Declaracao de Mais Valais")
must be submitted to the tax
authorities. |
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Inheritance Tax |
3% of the attributed value |
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Gifts of Property |
3% of the attributed
value |
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| Disclaimer |
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This information is given as a guide and does
not constitute any part of a contract or legally
binding document. Always take legal advice from a
qualified lawyer before entering into any legally
binding
contract. |
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