buying property in nepal

How foreigners can buy Property in Nepal?

Currently, Nepal has strict regulations on property ownership by foreigners, which makes it difficult for non-Nepali citizens to buy real estate for personal use. However, there are some scenarios under which foreigners can acquire property: We will be answering How foreigners can buy Property in Nepal?  Below are some important information.

1. Business Property Ownership via Company Registration

  • Foreigners are allowed to own property in Nepal if it is for business purposes. They must register a company in Nepal and acquire property under the business entity.
  • For example, if a foreign investor wants to open a hotel or office in Nepal, they can register a limited company in Nepal. Through the registered company, they can purchase the required property. In this case, foreigners can have 100% property rights through their business venture.

2. Lease of Property

  • Foreigners can lease property for specific periods, but outright ownership for residential or private use is not allowed. Lease agreements for a property can be drawn for commercial purposes, such as business establishments.
  • The lease is generally for a long-term duration, and it is important to involve a real estate attorney to draft and verify the lease agreements.

3. Investment Through Nepali Partner

  • Foreigners may also invest in property by forming a joint venture with a Nepali citizen or a Nepali company. In this case, the property will be in the name of the Nepali partner, but the foreign partner can have legal rights based on contractual agreements.
  • This scenario is often used in large-scale commercial or real estate development projects, where a local partner holds the property, and the foreign partner contributes capital.

4. Non-Resident Nepali (NRN) Ownership

  • Non-Resident Nepalis (NRNs) are eligible to buy property in Nepal, but there are limits on how much property they can own:
    • Kathmandu Valley: NRNs can buy up to 2 ropanis of land.
    • Terai Region: NRNs can buy up to 8 kattha of land.
  • The property purchased by NRNs is usually meant for personal use and cannot be used for commercial leasing without special permissions.

5. Potential Future Changes

  • The legal framework regarding property ownership by foreigners in Nepal is relatively conservative, largely to protect national interests. However, the government has been discussing potential amendments to allow more flexibility for foreign investors.
  • Currently, the Nepalese Civil Code and existing property laws restrict foreign ownership of residential or personal properties. These laws aim to preserve Nepal’s land and identity by avoiding external ownership.

Documents Required for Property Purchase by Foreigners:

  • Company Registration Documents: If the purchase is through a registered business, documents proving company ownership and registration are required.
  • Investment Approval: Foreigners must acquire approvals from Nepal Rastra Bank and other relevant authorities for investments.
  • Legal Consultation: Due to the complexity of the laws, it is essential to involve a real estate lawyer to help navigate the legal process, verify property ownership documents, and draft agreements.

Challenges for Foreigners to Buy Property:

  • Legal Restrictions: As mentioned, the Civil Code of Nepal explicitly prohibits foreigners from owning land for personal use.
  • High Bureaucracy: The process can be slow, requiring approval from multiple authorities, including the Department of Land Management, Nepal Rastra Bank, and local government bodies.
  • Policy Uncertainty: The laws related to foreign property ownership in Nepal are subject to change, depending on government policies and political climate.

Conclusion:

  • In summary, while foreigners cannot buy property in Nepal for residential purposes, there are ways to acquire property through business ventures, partnerships, or leasing. The process requires compliance with government regulations and involvement of local partners, especially for commercial properties.

It is always advisable for foreigners to consult with a local real estate expert and legal professionals to navigate the complex landscape of property ownership regulations in Nepal.