The real estate in the
Dominican Republic is governed mainly according to
rules of the Napoleon code. There is a central
land register at the Capital (Santo Domingo) with a branch
for the northern area in Santiago.
The "Tribunal de Tierra" (land court) has
its central seat at the capital and some regional directions.
The area of Las Terrenas depends on the direction of
Samana. The "Tribunal de Tierra" is in charge
of the litigations concerning the landed property, of
the transfers of title deed, as well as procedures of "Deslinde" (demarcation).
Deslinde is the administrative procedure which makes
possible the register at the central land register
of your purchase of plot with its own plan and its
own number. Example: you buy a part of plot 1 and you
want your property to appear in an individual way at
the land register. The geometrician will have, together
with your lawyer, to carry out a whole administrative
process of measurements and validation which will make
it possible to reveal at the central land register
your exclusive property with its exclusive plan and
its new exclusive number of plot. This procedure takes
approximately from 12 to 18 months and costs from 3
to 4' 000 USS.
If you wish to acquire a ground or
a building it is imperatively necessary to comply with certain
rules in order to avoid
possible disappointments.
It is important to remember that
in Dominican Republic NOTARY DO NOT HAVE THE SAME FUNCTION
THAT IN EUROPE.
In Dominican Republic he only LEGALISES THE SIGNATURES
AND HE DOES NOT GUARANTEE YOU ANYTHING ELSE.
You will
thus need:
• a geometrician • a
lawyer
The geometrician must IMPERATIVELY (at your expenses)
carry out a measurement, with plan, of the ground or
the building you wish to buy.
In addition, he will also
have to make LOCALIZATION in order to guarantee you that
the ground or building you
wish to acquire is actually COMPLETELY LOCATED IN THE
PLOT REGISTERED ON TITLE DEED THAT YOUR SALESMAN WILL
HAND YOU OVER.
The lawyer must on the one hand control
near the “Tribunal
de Tierra” the validity and the history of the
title deed. He must also obtain a CARTA OF NO GRAVAMIENTO
(convenant against encumbrance) which makes possible
to know if the plot has a possible mortgage, a dispute
of property or possible constraints.
In all the cases,
do not forget to specify clearly that the sold ground
or building is free of any tenant or
other legal or illegal occupying.
It is also important
that the salesma(e)n declare(s) to be the ONLY AND UNIQUE
OWNER(S) AND THE ONLY ONE(S)
TO HAVE RIGHT(S) ON THE SOLD OBJECT.
You can buy your good either in
your own name, or in Limited company ( P.L.C.). In all
the cases your lawyer will have
to get in charge of the TRANSFER. This procedure, that
can last approximately 6 months, consists in:
• going
to the Directorate-General of Taxes (DGII) with the ORIGINAL
contract of purchase/sale in order
to consider the assessed valuation of the good which
in practically all the cases doesn't correspond to the
value of contractual sale
• as soon as you are informed
of this value you will have to pay approximately 6% of
expenses of transfer
and recording
• when these two stages are carried out your lawyer
will have to go to the « Tribunal de Tierra » with
the adequate receipts in order to request the transfer
of the title deed at your name or company
IN ALL THE CASES
ASK TO YOUR LAWYER A BUDGET STATING PRECISELY THE COST
OF ITS FEES EXCEPT ADMINISTRATIVE
EXPENSES AND TAXES.
A request for building permit can
be deposited only by an approved architect having a CODIA
number. He will
have to prepare a complete file of plans required by
the different administrations.
Once these plans are
in conformity with your desires and with the legislation
in force, your architect, first
of all, will have to lodge the file to the SECRETARY
OF TOURISM.
This administration will take from 1 to 6
months to study your file, to correct it if required
in order to
deliver you a “CARTA OF NO OBJECTION” (convenant
affecting land). This document gives you the right to
present your dossier at the other different administrations
(Commune, INAPA, electricity, environment, Traffic and,
finally, at “OBRAS PUBLICAS” which is the
last administration that, after controlling the agreements
of all the preceding administrations, will deliver you
the DEFINITIVE BUILDING PERMIT).
This procedure is more
or less long according to the importance of your project.
The licence of a house will
take normally about 3 to 6 months. A project of allotment
or hotel will take from 9 to 18 months. These deadlines
begin as soon as your file is deposited at the SECRETARIAT
OF TOURISM.
In all the cases ask your architect a written
budget concerning:
• the covering fees
for his work •
the budget of the taxes and different taxes attached
to obtaining the licence
Ask for a written contract specifying
the extent of the mission and the taxes included in obtaining
the licence.
Demand to specify clearly that the contract
stops when obtaining the building permit in order for
you to choose
freely your architect and your builder.
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