Land ownership and dealing are regulated in Fiji under the Land Transfer Act. This legislation establishes a system of indefeasible title using the Torrens System, similar to the statutory systems in Australia and New Zealand.
Land in Fiji is categorised as freehold (privately owned), State Lease (owned by Government and leased to the public) or Native/iTaukei Lease (owned by indigenous Fijian landholding units and leased to the public). Indefeasible title to these interests can be obtained under the Land Transfer Act.
The Land Sales Act regulates non-resident dealings in land.
Non-residents require the prior consent of the Minister of Lands in certain circumstances before dealing in land.
Consents are required where non-residents wish to purchase or take on lease land and there maybe restrictions and conditions on those purchases.
Since 21 November 2014, non-residents are unable to purchase freehold or State lease land for residential purposes within municipal boundaries (although they can purchase apartments in a strata development or integrated tourism project within municipal boundaries). No such prohibition applies to land outside of municipal boundaries.
In addition if vacant land is purchased or currently owned by a non-resident anywhere in Fiji, the non-resident must build a substantial residential dwelling (to a value of F$250,000 or more) within 2 years of purchase. For much information refer to our alert at http://www.munroleyslaw.com/land-sales-amendment-act-2014