Overview
Property is the most paper-dependent practice area in Fijian law. Three forms of land tenure, two regulators, the Land Sales Act, the Land Transfer Act, the iTaukei Land Trust Act, stamp duty, capital-gains tax, Minister of Lands consents, foreign-purchaser conditions, FRCS clearances — and beneath all of that, the fundamental fact that every parcel of Fijian land has a history that the title alone may not reveal.
Our property practice is built to handle all of it. We act for first-home buyers and we act for international developers. We act for landowners selling and for purchasers acquiring. We act for the banks lending against title and for the iTaukei landowning units leasing their land. We act for foreign investors navigating their first Fijian transaction and for repeat clients refining their thirtieth.
The practice is led by Neel Shivam, who personally supervises every conveyancing transaction the firm undertakes. Behind him sits a team of senior conveyancing officers with collectively more than 35 years of property-transaction experience — among the most experienced conveyancing benches in Fiji.
The three tenures
Land in Fiji falls into three categories — each with its own legal regime, its own regulator, and its own implications for transactions, financing and development.
Freehold
Privately owned, can be sold outright. Subject to Land Sales Act restrictions for non-citizen purchasers — including the prohibition on residential freehold within town boundaries and the FJD 250,000 build-out obligation within 24 months.
State lease
Owned by government and leased through the Department of Lands. Terms vary. Dealings — assignments, mortgages, surrenders — require Director of Lands consent.
iTaukei lease
Owned communally by indigenous landowning units (mataqali); cannot be sold but can be leased through the iTaukei Land Trust Board. Almost every dealing requires iTLTB consent — the critical-path item on most matters.
What we do
Our property practice covers every dealing with Fijian land.
Residential conveyancing
Acting for buyers and sellers of houses, apartments, strata units and vacant residential land throughout Fiji. Fixed-fee where appropriate. Title searches, contract review, settlement coordination, FRCS clearances, stamp duty and registration.
Commercial conveyancing
Acquisitions and disposals of commercial real estate — offices, retail, hospitality assets, industrial sites and development land. Due diligence, contract negotiation and the structural advice the transaction may require.
iTaukei & state lease counsel
Initial grant, assignment, mortgage, surrender, renewal and the regulatory machinery these involve. iTLTB consent is required for almost every dealing with iTaukei-leased land; we know the process intimately.
Foreign-purchaser advice
Counsel through the Land Sales Act framework — the prohibition on town-boundary residential freehold, the build-out obligation, and Minister of Lands consents for parcels over one acre.
Leases & tenancies
Commercial leases, retail leases, residential tenancies and ground leases. Drafting and negotiation, advice on renewal and exit, and acting on disputes when they arise.
Development & subdivision
Counsel to property developers on subdivision approvals, strata-title schemes, vendor financing, deposit arrangements and the sale of pre-completion lots.
Lender-side property work
Acting for banks and finance houses on mortgages, security over land, and the registration mechanics of secured lending — closely integrated with our banking and finance practice.
Estate property transfers
Transmission of Fijian property to beneficiaries on death, including cross-border transfers to overseas beneficiaries — coordinated with our family and probate practice.
For foreign buyers
Non-citizens can acquire Fijian property — with conditions that have tightened materially since the Land Sales (Amendment) Act 2014. The framework rewards early professional counsel and punishes assumption.
- Freehold residential land within town and city boundaries cannot be acquired by non-citizens.
- Freehold parcels over one acre require the consent of the Minister of Lands.
- Where a foreign buyer acquires freehold residential land, a residential dwelling must be constructed within 24 months at a cost of not less than FJD 250,000.
- iTaukei land cannot be acquired by anyone — but can be leased through the iTaukei Land Trust Board, typically for terms up to 99 years.
- Stamp duty rates apply differently to residents and non-residents.
We act regularly for Australian, New Zealand, Indian, Chinese and other international buyers — and the first conversation, before any sale-and-purchase agreement is signed, almost always saves substantial cost. See our foreign-investment practice →
Both managing partners are appointed Notaries Public, which means we can notarise and authenticate transfer documents, powers of attorney and identity confirmations in-house — including documents required to be executed offshore for use in Fiji, or executed in Fiji for use abroad. For remote international buyers, this removes a routine point of friction in the conveyancing process.
Buying property in Fiji?
Speak with us before you sign.
Whether residential or commercial, freehold or leased, citizen or non-citizen — the first conversation is exploratory and at no cost.
Request a partner call →How we work
Conveyancing is fundamentally a process of risk management — the lawyer's job is to ensure the title the buyer pays for is the title the buyer receives, free of the things they did not bargain for. We treat every transaction with that discipline regardless of value.
For residential conveyancing, we offer fixed fees where the transaction is straightforward, and we are transparent about the additional disbursements — stamp duty, FRCS, iTLTB consent fees, registration — that the client will incur. For commercial and developer matters, we agree fees and scope upfront in a clear engagement letter.
We coordinate directly with banks, surveyors, valuers, real-estate agents and tax advisors so that settlement is the routine, anticlimactic event it ought to be. Our managing partner personally supervises every transaction the firm undertakes — a continuity our clients regularly tell us they do not find elsewhere.
Representative matters
A selection of recent and historic work, anonymised to protect client confidentiality.
Acted for an Australian family on the freehold purchase of a Coral Coast residential property, including Land Sales Act compliance, Minister of Lands consent and the build-out documentation.
Advised a New Zealand-headquartered investor on the acquisition of a 99-year iTaukei lease for a boutique resort development, including iTLTB consent and lease registration.
Acted for the developer on a 24-lot residential subdivision in greater Suva — title creation, sale-and-purchase agreements, deposit-protection arrangements and progressive settlements.
Advised a Fijian commercial landlord on the long-form lease and incentive arrangements for an anchor retail tenant in a CBD development.
Acted for the executor of an estate in the sale of inherited Fijian freehold property to overseas beneficiaries, coordinating probate, FRCS clearances and remittance under exchange-control rules.
Acted on the establishment and registration of a strata-title scheme for a residential development, including the management corporation arrangements and the pre-completion sales programme.
Frequently asked questions
Can foreigners buy property in Fiji?+
Yes, with conditions. Foreigners can purchase freehold property, but the Land Sales (Amendment) Act 2014 prohibits non-citizens from acquiring residential freehold land within town and city boundaries. Freehold parcels over one acre also require Minister of Lands consent. Foreign buyers of freehold residential land must construct a residential dwelling within 24 months at a cost of not less than FJD 250,000. Foreigners can also lease iTaukei land through the iTLTB and state land through the Department of Lands. We advise on which option fits the purpose.
What is the difference between freehold and iTaukei land?+
Freehold land is privately owned and accounts for approximately 10% of Fiji's land. It can be sold outright. iTaukei (native) land accounts for around 83% and is owned communally by indigenous landowning units; it cannot be sold but can be leased — typically for terms up to 99 years — through the iTaukei Land Trust Board. State lease land, around 7%, is owned by government and leased through the Department of Lands. The choice of tenure affects everything from mortgageability to renewal rights to mortgage enforcement.
What stamp duty applies to a Fijian property purchase?+
Stamp duty rates depend on the type of transaction and whether the purchaser is a Fijian resident or non-resident. The rate for non-residents has historically been higher than for residents. Stamp duty is payable on the transfer instrument and is calculated against the consideration or market value. Recent stamp-duty reforms should be checked at the time of transaction — we provide a precise figure in every engagement.
How long does a Fijian conveyancing transaction take?+
A straightforward residential freehold transaction can complete in around four to six weeks from contract to settlement, subject to bank approval, FRCS clearances and registration timetables. Transactions involving iTLTB consent, Minister of Lands consent, foreign-purchaser approvals or subdivision activity will take longer — typically two to four months. We will give you a realistic timetable at the outset.
What is iTLTB consent and why does it matter?+
The iTaukei Land Trust Board consents to most dealings with iTaukei-leased land — assignments, mortgages, surrenders, subleases. Without iTLTB consent, the dealing is generally invalid. The consent process has its own fees, requirements and timing. Where iTaukei land is involved in a transaction, the iTLTB process is the critical-path item and we manage it directly.
Do you offer fixed-fee conveyancing?+
Yes, for straightforward residential transactions. We confirm the fixed fee at the outset and are transparent about the additional disbursements — stamp duty, FRCS clearances, iTLTB consent fees where applicable, and registration. For commercial, foreign-purchaser, developer and iTaukei-lease matters, we agree fees in a scoped engagement letter rather than imposing a fixed price that doesn't reflect the actual work involved.