This section explains how migrants can acquire land in St Helena.
Immigrants and their associated persons (including corporate bodies and associated persons) are permitted to own interests in land in St Helena up to a cumulative total of 2 acres without a landholding licence. For interests in land by a controlled immigrant over a cumulative total of 2 acres a landholding licence Landholding Licence is required. Applications for landholding licences are considered by the Immigration Control Board.
The cumulative landholding of a particular person includes land which is owned by them or any associated person, including their grandparents, parents, siblings, spouse or life partner, children and grandchildren, spouses or life partners of their siblings, children and grandchildren and any body corporate, the activities of which they are able to direct.
Some landholding interests are exempt. Leases or tenancies of residential accommodation held by persons who have an entry permit or other permission to enter where the validity of the lease or tenancy coincides with the expiry of their entry permit are exempt interests.
Similarly, leases or tenancies in relation to any land used for the purpose of any business activity authorised by a work permit are also exempt if the lease or tendency is incapable of continuing for longer than then work permit.
Interest acquired by an immigrant as purchaser of land sold by a mortgagee in exercise of his power of sale; and lease, periodic tenancy, or licence which is incapable of subsisting for longer than 99 years and which does not contain an option to renew or extend the lease, or to purchase the freehold is also an exempt interest.
Finally, a process may be approved by the Governor in Council whereby land is auctioned or tendered. An immigrant who acquires land through the approved process may be exempt from the landholding licence provisions.
2. Upon a landholding licence being granted the relevant fee
will be charged.