Buying or selling a resort or private island in Fiji is unlike any other property transaction. It combines real estate, business and regulatory law in a single deal: the land itself, the operating resort business, staff and management arrangements, licences and permits, foreign investment approvals and cross-border payments all have to come together at settlement.
Cromptons Solicitors has acted on Fiji resort and island transactions for local and international clients as part of more than 120 years of practice in Suva. We are consistently ranked by Chambers & Partners (2021–2026), and our practice is built around exactly this kind of high-value, multi-layered transaction.
Why Fiji Resort Transactions Need Specialist Advice
Fiji land is held under different tenures — freehold, State leases and iTaukei (native) leases — and each carries its own rules on transfer, consent and dealings. Acquisitions by non-residents may require statutory consents and approvals, and resort properties frequently sit on leasehold land where the terms of the head lease shape everything about the deal. Identifying the tenure, the consents required and the conditions attaching to the land is the first task in any resort purchase — and the area where deals most often come undone.
Share Sale or Asset Sale?
Fiji resorts are commonly sold in one of two ways: as an asset sale — the land, improvements and business assets are transferred to the buyer — or as a share sale, where the buyer acquires the shares in the Fiji company that owns the resort, and the resort itself never changes hands. Each structure has significantly different consequences for consents, taxation, existing contracts and licences, and what the buyer inherits. We advise on the right structure at the outset, before the Sale and Purchase Agreement is drafted, and regularly act on both.
What We Handle
We manage every legal stage of a resort or island transaction, for vendors and purchasers:
• Structuring the transaction — share sale, asset sale on going-concern business transfer basis
• Drafting and negotiating the Sale and Purchase Agreement
• Due diligence — title and tenure, head leases, licences and permits, material contracts and litigation searches
• Foreign investment and Reserve Bank of Fiji approvals, and other statutory consents
• Exchange control and repatriation of sale proceeds
• Fiji Taxpayer Identification Numbers (TIN) and TPOS compliance for non-resident parties
• Settlement in foreign currency through our foreign currency trust accounts
• Security documentation — mortgages, guarantees and charges for funded acquisitions
• Post-settlement registrations and transfers, including related estate and company transfers
For Overseas Buyers and Sellers
Most of our resort and island clients are based outside Fiji, and our processes are built for that. We obtain Fiji TINs for non-resident parties, manage TPOS requirements for vendors, hold and settle funds in multiple currencies through our foreign currency trust accounts, and complete transactions with clients acting entirely remotely. You do not need to be in Fiji to buy or sell here — you need a Suva firm that handles the whole transaction on the ground.
Start With a Complimentary Fee Estimate
Before any work begins, we review the scope of your proposed transaction and provide an upfront fee estimate — without charge and in confidence. Contact partner Varunendra Prasad at vprasad@cromptonslaw.com or +679 330 1499.
Frequently Asked Questions
Can foreigners buy a resort or island in Fiji?
Yes — non-residents regularly acquire Fiji resorts and islands, although acquisitions are subject to Fiji’s land ownership rules, which differ by land tenure and property type, and may require statutory consents and foreign investment approvals. The right structure depends on the specific property; we advise on this before you commit.
Is it better to buy the resort company or the resort itself?
It depends on the property’s tenure, the company’s history and liabilities, tax and duty treatment, and the licences attached to the operation. Both structures are common in Fiji. We advise on the comparison for your specific transaction as the first step.
Can the purchase price be paid in a foreign currency?
Yes. We maintain foreign currency trust accounts and regularly settle Fiji transactions in overseas currencies, which also helps manage exchange-rate risk between signing and settlement.
Do I need to come to Fiji to complete the transaction?
No. We act for overseas vendors and purchasers who complete their transactions entirely remotely, and we handle all in-country requirements, registrations and appearances on your behalf.