St Maarten Property Due Diligence: A Complete Checklist (2026)
St Maarten property due diligence means verifying the seller's clear title, checking for liens and mortgages, confirming permits and boundaries, and budgeting closing costs before you sign. On the Dutch side a civil-law notary is mandatory and handles the title search, deed, escrow, and registration, which is why US-style title insurance is not the norm here. Expect closing costs of about 4 to 6 percent and no annual property tax.
- A civil-law notary is mandatory on the Dutch side and runs the official title search, deed, escrow, and registration.
- Buyer-paid closing costs run about 4 to 6 percent: roughly 4 percent transfer tax plus a 1 to 1.5 percent notary fee.
- Foreigners can own Dutch-side property freehold with no restriction, and there is no annual property tax on the Dutch side.
- The French side is generally more expensive to buy and hold, with transaction costs often 7 to 8 percent plus annual taxes.
What does St Maarten property due diligence actually involve?
St Maarten property due diligence is the set of legal, financial, and physical checks you finish before you sign a deed: confirming the seller holds clear title, ruling out liens and mortgages, verifying permits and boundaries, and pricing out closing costs. On the Dutch side a civil-law notary is mandatory and runs the core title work, and I still walk each client through every line of it.
I live on the Dutch side and I moved here myself, so I know how the paperwork side of island life actually runs. Due diligence is not one document. It is a sequence: you review what the seller and the agent hand over, the notary orders the official searches, and you inspect the property in person before any money moves. The goal is simple. You want to know exactly what you are buying, what is attached to it, and what it will cost you to close and to hold.
Most people searching how to vet a Sint Maarten property expect a US-style closing with title insurance and a real estate attorney. Here the structure is different, and once you see it laid out, it is easier to follow than people expect. The notary sits at the center of the transaction as a neutral officer, the file is driven by the public record, and the checking happens before registration rather than being insured after the fact. If you want the full picture of the transaction first, my guide to buying property in St Maarten lays out the steps from offer to keys.
Two things shape how much digging a given property needs. The first is who built it and when, because construction standards on the island improved after Hurricane Irma in September 2017. The second is where it sits and what form it takes: a unit inside a managed complex, a standalone villa on a hillside, and a plot of raw land each carry a completely different set of questions. I walk buyers through this regularly, and the checklist below is the one I actually use on a live file.
Which documents belong on my Sint Maarten due diligence checklist?
Your Sint Maarten due diligence checklist should cover the title deed, a current extract from the land registry, proof the seller is the registered owner, any mortgage or lien records, building and planning permits, boundary and survey data, condo or HOA rules, and a written breakdown of the closing costs you will pay.
I treat this as a document scavenger hunt, and I do not accept vague answers. If a seller cannot produce a permit for that second-floor apartment or the pool, that is a finding, not a footnote. Here is the core paperwork and what each item is there to prove.
| Document | What it confirms |
|---|---|
| Title deed and land registry extract | The seller is the registered owner and the parcel boundaries are recorded |
| Mortgage and lien search | No unpaid debts or encumbrances are attached to the property |
| Building and planning permits | Structures and additions were permitted |
| Survey and boundary map | The land you walk matches the land on paper |
| Condo or HOA documents | Fees, rules, reserves, and any special assessments |
| Utility and fee statements | Whether arrears exist for water, electricity, or association dues |
For anything you cannot verify yourself, the notary is your backstop. The notary orders the official title and lien search, and anything that search turns up has to be dealt with before the deed is registered. Ask your notary directly what their search covers so you know where your remaining exposure sits, and get that answer before you are emotionally committed to the house.
There are two questions I ask on every file, because they are the ones that quietly cost money later. First, does the registered parcel match what the seller is actually selling, including any strip of land, driveway, retaining wall, or terrace that looks like it belongs to the house. Second, if the property sits in a complex, what do the association accounts look like, what is held in reserve, and is a special assessment being discussed. Sellers rarely volunteer either answer. Ask in writing, and keep the reply.
How much are St Maarten closing costs, and who pays them?
On the Dutch side, budget about 4 to 6 percent of the purchase price in closing costs, and the buyer pays them. That is roughly 4 percent transfer tax plus a notary fee of about 1 to 1.5 percent. There is no annual property tax on the Dutch side, and the seller usually pays the agent commission.
Financing exists for qualified foreign buyers who bring a down payment, and if you are borrowing you should expect bank and appraisal costs on top of the figures above. Your escrow funds move through the notary rather than through me, which is one reason I tell buyers to sort out banking early instead of scrambling in the final week. My notes on banking in St Maarten cover how to get funds in place before closing.
What I will not do is hand you a single number and call it a budget. The transfer tax and the notary fee are the predictable part. Everything beyond that depends on the deal: whether you are financing, whether the property is held inside a company, whether there are arrears to clear, whether you want a survey or a full inspection. Send me the listing and I will build the actual cost line by line against that specific property, including the items sellers tend to leave out of the conversation. For the tax treatment of your particular purchase, confirm with your tax advisor, because rules and exemptions can change and I am not a tax advisor.
How does the civil-law notary work, and why is there no title insurance?
A civil-law notary is a neutral public officer and is mandatory on every Dutch-side sale. The notary runs the title search, drafts and registers the deed, holds your money in escrow, and handles registration in the public record. That structure is the reason local buyers do not buy US-style title insurance: the checking is built into the process before the deed is registered.
This trips up a lot of American and Canadian buyers. In the US you pay a title company to insure against a defect in the chain of title. Here, the notary's role is to verify that chain before the deed is registered in the public record, which is why local buyers do not use US-style title insurance. Ask your notary to explain exactly what their check covers and what it does not, because that boundary is precisely where your remaining risk sits. The notary is not the seller's agent and is not mine either. That neutrality is the point, and it is worth understanding on its own terms rather than assuming it maps onto a US closing.
I still read every draft deed with my client before anyone signs. The notary handles the legal file. The notary will not tell you the roof leaks, or that the neighbor disputes the fence line, or that the association has been arguing about a new seawall for two years. Those are your job and mine. Use the notary for the law, use an inspection for the building, and use me for the local context. When a question is genuinely legal or tax shaped, I will say so and point you to the right professional instead of guessing.
One practical note: choose your notary early rather than in the final week. You are entitled to ask which documents they will pull, roughly how their searches run, and what happens if something turns up mid-file. A notary who answers those questions clearly and in plain language is worth every cent of the fee, and I am happy to sit in on that first conversation with you.
What physical, permit, and location checks should I run on site?
Beyond paper, walk the property and pressure-test three things: construction quality, permits, and location risk. St Maarten sits inside the hurricane belt, and Hurricane Irma in September 2017 exposed weak builds, so I look hard at the roof, the windows, and whether work done since then was permitted. I also confirm the water source, the elevation, the road access, and the boundary markers in person rather than trusting a listing photo.
Construction standards improved after Irma, but you still see a wide range on a single street. I look for reinforced concrete, storm shutters or impact glass, proper drainage, and a working cistern or water hookup, since water supply varies by area. Elevation and slope matter for both storm surge and flood risk, and access roads can be steep in hillside neighborhoods. Location shapes the checks too: a condo in Oyster Pond, where the Dutch and French border runs through the area, raises very different questions about association reserves and shared docks than a standalone villa up in the hills.
The notary certifies the file, not the roof. On an island in the hurricane belt, the inspection is where a good deal and a money pit separate.Wei Landgraf, Dutch-side resident agent
Unpermitted additions, pools, and apartments do turn up, and an unresolved permit issue can land on the buyer after closing, so ask your notary what exposure you would be taking on before you sign anything. I have a walkthrough routine I run on every showing, and I flag anything that looks unpermitted so it can be checked properly rather than discovered by you a year later.
These are the questions I want answered before I am comfortable letting a client sign. When was the roof last replaced, and by whom. Is there any sign of water intrusion at ceiling lines and window heads. Does the electrical work look like it was done to a standard or improvised over the years. Where does the water actually come from, and what happens in a dry spell. Does anything on the property, a wall, a deck, a shed, sit outside the boundary on the survey. None of that needs a lawyer. It needs an inspector, a survey, and someone who has walked a lot of houses on this island and knows what normal looks like here.
Dutch side vs French side: how does due diligence differ?
Due diligence differs by side of the island. The Dutch side (Sint Maarten) is about 34 sq km, allows freehold foreign ownership with no restriction, uses a civil-law notary, runs about 4 to 6 percent in closing costs, and has no annual property tax. The French side (Saint-Martin) is about 53 sq km, follows French and EU rules, is generally more expensive to buy and to hold, with transaction costs often 7 to 8 percent plus annual taxes.
| Item | Dutch side (Sint Maarten) | French side (Saint-Martin) |
|---|---|---|
| Nation and rules | Kingdom of the Netherlands | France and the EU |
| Land area | About 34 sq km | About 53 sq km |
| Foreign ownership | Freehold, no restriction | French and EU rules apply, so confirm the current position with a French-side notaire before you commit |
| Closing costs | About 4 to 6% | Often 7 to 8% |
| Annual property tax | None | Yes |
| Currency in daily use | US dollar | Euro |
| Title officer | Civil-law notary | French notaire |
You can drive between the two sides freely, with no border checkpoint. Two nations, one island, 87 sq km in total, and buyers routinely shop both. The paperwork, the taxes, and the holding costs are genuinely different, though, and I would not assume a French-side process mirrors what you learned on the Dutch side. If you are seriously weighing a French-side property, get a French-side notaire involved early and confirm the current position with them rather than relying on what any Dutch-side agent tells you, including me. I break the trade-offs down further in my comparison of St Maarten vs St Martin for buyers deciding between the two.
The practical takeaway is to decide which side you are buying on before you go deep, because the checklist, the officer, and the cost base all change with that one decision. On the Dutch side the US dollar is what you use day to day, the official currency is the Antillean guilder, and Princess Juliana airport sits on this side, which matters if you plan to fly in often or to rent the place out. I work with buyers and sellers on the Dutch side, and I will tell you plainly when a French-side property needs a French-side professional rather than pretend otherwise to keep a deal in front of me.
Frequently Asked Questions
Do I need a lawyer to buy property in St Maarten?
On the Dutch side a civil-law notary is mandatory and handles the title search, deed, escrow, and registration, so many buyers do not engage separate counsel. Whether you need your own lawyer depends on the deal, particularly if it is complex or company-owned, so raise it with your notary, and for tax questions confirm with your tax advisor.
Can foreigners buy property in Sint Maarten?
Yes. The Dutch side places no restriction on foreign ownership, and you buy freehold, meaning you own the land and building outright. Financing exists for qualified foreign buyers with a down payment. US, Canadian, UK, and EU visitors generally enter with a valid passport, no visa, for up to 90 days, and staying longer requires a residence permit. Confirm the current rules for your nationality with immigration before you rely on them.
How long does due diligence take in St Maarten?
It varies by deal, and I will not give you a generic number. The notary's title and lien search drives the timeline, along with financing and any permit questions, so I would rather map a realistic schedule against the specific property you are buying. Ask me and I will walk you through what the sequence looks like for that listing.
Is there annual property tax in St Maarten?
On the Dutch side, no. There is no annual property tax, which is one reason holding costs here are lower than on the French side, where annual taxes apply. You still pay one-time closing costs of about 4 to 6 percent as the buyer. For your specific situation and any exemptions, confirm with your tax advisor.
What is the biggest due diligence mistake buyers make in St Maarten?
Skipping the permit check. Unpermitted additions, pools, and apartments do turn up, and an unresolved permit issue can land on the buyer after closing. I confirm that structures and any post-Irma repairs were permitted, and I ask the notary to flag anything unregistered in the land registry before you sign the deed, so you know what exposure you would be taking on.
Should I get a home inspection before buying in St Maarten?
Yes. The notary handles the legal file, not the building condition, so the inspection is on you. Inside the hurricane belt I look at the roof, the windows, water intrusion, the cistern or water source, and any structural work done after 2017. A solid inspection often pays for itself in negotiation or in repairs you avoid later.
