Buying a house on Sint Maarten: freely for sale, but look under the ground first
As a Dutch national you buy on Sint Maarten without a permit or nationality requirement — the freedom is real. The sting is underneath: does the house stand on freehold land or on leasehold with a ground rent of 8% a year? Plus the 4% transfer tax for the buyer, the turnover tax on the notary's bill that nobody counts, and the reason timeshare is a category of its own on this island.
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Written and checked by Auke on , against the sources at the bottom. Is something no longer right? Report it below and I'll fix it.
Yes, as a Dutch national you buy on Sint Maarten without a permit, residence or nationality requirement. The freedom is real, and the notary does the work as at home.
What it costs on top of the purchase price:
- 4% transfer tax, which the law places with the buyer;
- the notary;
- on his bill, the turnover tax of 5%, which almost every budget misses.
The trap is under the house. Does it stand on freehold land, or on leasehold from the Country? With leasehold the land remains the Country's and you get a right to use it. For that you pay a ground rent, a yearly fee, of 8% a year, and you have no automatic right of renewal.
In your first year you don't buy. You rent, you get to know the island and its neighbourhoods, and only then do you decide — why that order is fixed. On Sint Maarten there is an extra reason: the difference between summer and hurricane season is not a weather detail but a living experience. This article is for the moment you are that far.
May I buy on Sint Maarten as a Dutch national?
On the Dutch part of Sint Maarten there are no restrictions on foreign ownership: no permit, no residence or nationality requirement, no prior approval. One misunderstanding to clear up straight away: buying a house gives no right of residence. The Declaration by Operation of Law is separate from it. The other way round it does work: accommodation is one of the conditions for that declaration, so your deed of purchase is a building block for your admission.
How does the purchase go?
Sint Maarten follows the Dutch notarial system: a notary established on the island does the title search, draws up the deed of transfer, settles the tax and registers with the Kadaster, the official registrar of real estate. Prices are almost always in US dollars. Between your offer and completion (the signing at the notary) there is therefore currency risk over the full purchase price, and that you agree with your bank.
What does buying a house on Sint Maarten cost on top of the price?
| Item | What the law says | Source |
|---|---|---|
| Transfer tax | 4% of the value, owed by the acquirer; the basis is the purchase price, unless the registered value is higher | Transfer Tax Ordinance, articles 12 and 23 |
| Turnover tax on notary and estate agent | 5% on their bill; the exemption for notarial services applies only to services to certain companies, not to a private buyer | National Ordinance on turnover tax, articles 7 and 1 |
| Ground rent on land of the Country | 8% a year of the land value set by the minister; issue for at most 60 years | National Ordinance on leasehold, article 2 |
| End of the leasehold | three months to agree on renewal or on compensation for the buildings; otherwise the minister can auction the right publicly | idem, article 18 |
| Land tax | a levy on the taxable value per period of five years | Land Tax Ordinance |
| Estate agent's commission | paid by the seller; no statutory percentage | — |
The transfer tax is not a matter of negotiation: the law places it with the acquirer. And on the services of the notary and the estate agent comes the turnover tax. The exemption for notarial services applies only to certain companies, not to you. So always ask for your quote including that 5%, and have it recorded in writing who pays the commission before you bid.
Does the house stand on freehold land or on leasehold?
This is the sharpest point of this article. Part of the housing stands on leasehold land of the Country, and the national ordinance on it is strict. The issue applies for at most sixty years, and the ground rent is 8% a year of the land value set by the minister. At a land value of USD 100,000 that is USD 8,000 ground rent a year.
Just as important is what happens at the end. You have no automatic right of renewal: on expiry the parties get three months to agree on renewal or on compensation for the buildings. If that fails, the minister can auction the right publicly. The remaining term is therefore what determines your resale and your financing.
Ask the notary for four things before your offer: the deed of leasehold issue, the start date and the remaining term, the current ground rent with the date of the next review, and whether it is government or private leasehold.
Why is timeshare a category of its own here?
Sint Maarten has a large timeshare market. With timeshare you buy the right to use a home for part of the year. What you buy is often not ownership, but a right of use that is not in the Kadaster's registers, with a maintenance fee that keeps running. In the national legislation no timeshare law is to be found, and the European directive does not apply here. So you buy without the Dutch safety net.
What do I pay every year after that?
The Land Tax Ordinance has a levy on the taxable value per period of five years. Meanwhile the estate-agent market often advertises "no property tax". So budget for it anyway, and ask your notary for the current position.
How the tax authorities tax your income you read in tax and penshonado on Sint Maarten. Whoever wants the penshonado fills in the home requirement of XCG 450,000 (Caribbean guilders) with this purchase.
A Dutch mortgage is not an option. Dutch banks do not finance collateral outside the Netherlands, and the interest is not deductible because the home is not your Dutch owner-occupied home.
In Vertrekklaar this is phase 5 of 5 of the journey: the same steps, but applied to your situation — in your order, tickable, and with the deadlines monitored. See the whole journey to Sint Maarten.
What this rests on
The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.
- Transfer Tax Ordinance Sint Maarten — article 12 (the 4% rate) and article 23 (the buyer bears it) — lokaleregelgeving.overheid.nl
- National Ordinance on turnover tax — article 7 (5%) and article 1, paragraph 4 (for whom the exemption applies) — repository.officiele-overheidspublicaties.nl
- National Ordinance on the issue of land in leasehold — article 2 (ground rent of 8%, at most 60 years) and article 18 (end of the term) — lokaleregelgeving.overheid.nl
- Land Tax Ordinance Sint Maarten — the rate and the five-year period — lokaleregelgeving.overheid.nl
- Kadaster Sint Maarten — the official registrar of real estate — kadaster.sx
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