TURKS AND CAICOS TO ADOPT FRACTIONAL LEGALISLATION
Emma Riach (UK Barrister & Solicitor; and Turks & Caicos Attorney) of the law firm Karam & Missick, Providenciales, Turks & Caicos Islands, email: emmariach@karammissick.com; tel:+1 649 432 3662.
The Turks and Caicos Advisory Council recently approved the introduction of Fractional legislation in the Turks & Caicos Islands and it is expected that the draft Ordinance will be enacted in the coming months.
The Turks and Caicos Islands are a high-end tourist destination and a British Overseas Territory located at the bottom of the Bahamian chain. Its world famous Grace Bay has been developed by a series of condominium resort developments; which have sold to foreign investors, mainly from North America. Nearly all properties have sold through whole ownership. To-date any type of shared ownership has been limited in the islands, largely due to the Time Sharing Ordinance that was introduced nearly 30 years ago requiring a complicated approval process that only one development obtained (the Alexandra) and leaving some promoters to offer a percentage of shares in a company owning the underlying real estate.
The new draft legislation should radically change the way that investors can purchase real estate in the Turks and Caicos Islands. The proposed draft legislation is simple and will allow owners or developers of condos or villas to divide their properties into increments of up to a minimum of 1/12th interests. Such interests will be separate registered proprietary rights, with an individual register created for each proprietary interest at the Land Registry; and the name of the owner will be registered on each individual Register for the designated fraction (and hence akin to what North Americans refer to as deeded interests). The Turks and Caicos Land Register is certified by the Crown and hence gives secure protection to investors.
The application to create fractional interests in the property will require, by the anticipated statute, the lodging of fractional By Laws that will enshrine the usage rights, cost sharing rules and rights to attend and vote at condominium or homeowners’ association meetings. The attorneys who prepared the draft Fractional Ordinance recommended the registration of such By Laws at the Land Registry in the same manner that Condominium Strata By Laws must be registered at the Registry, in order to mandate a public record of such rules and to ensure that all subsequent owners are fully bound by the By Laws.
In essence, the system that is proposed under the draft Ordinance is both easy to register and to administer thereafter. It is hoped, by the attorneys involved in the initiative and by the Turks and Caicos Government, that such a system will be considered by investors and lenders as a highly secure and simple means of obtaining registered rights in Turks and Caicos that reflect the time and monetary investment that owners would like to make in our islands. For the first time it should allow luxury Grace Bay condos to be available to persons wishing to invest $500,000 or less in our real estate market; whilst obtaining the protection of registered proprietary rights that are capable of appreciating in a rising real estate market. The timing of the new laws is much welcomed as we see new airlines such as JetBlue and Continental flying into Providenciales and the airport extension, which is hoped to increase the transatlantic flight options.
It is anticipated that the sales of fractional properties could also assist the local economy in a similar manner as seen in North America and other islands in the region that have sold fractional interests. With more foreign owners in Turks and Caicos there could be a boost to the local economy from more repeat “owner visitors”. Such types of “owner tourists” have already “pre-paid” for their accommodation and are renowned for spending more money within their resorts and the local communities on tourist types activities than tourists who stay in accommodation that they are paying for on a nightly basis. Hence, there could be a positive impact on all types of service industries in addition to real estate sales and hotel management.
Fractionals sales have historically done well in a region where the climatic conditions are good for most of the year and the region is known for repeat high-end tourism, and the location is a prime site with ease if travel to the destination.
The Turks and Caicos Islands are 90 mins from Miami, 3 hours from New York and 4 hours from Toronto, with daily flights to many other large cities. There are no annual property, income or inheritance taxes. The one-time tax due on the purchase of a property (stamp duty) has been substantially reduced since 2010. Foreigners can own property without restriction or the requirement for any type of alien licence (as is required in some other islands in the region) and can obtain non-working residency status.
The Turks and Caicos Islands are well positioned to become a strong destination for successful and sought after fractional ownership property












