Condominium
Buying an apartment in the Dominican Republic: what to check
General information, which does not constitute legal advice. For your own case, request a check.
In short: Buying an apartment means checking both the unit (its title, legal status and technical condition) and the condominium it belongs to (regime, bylaws, fees, building permits). Both checks are needed.
Why an apartment needs its own checks
When you buy an apartment, you acquire a private unit and a share of a complex that you do not control on your own: structure, roofs, pool, management, shared finances. A well-kept apartment can sit in a troubled building, and a sound title can relate to a different unit from the one you visited.
So the checks cover two levels: the unit and the condominium.
The points to check
| Item | What to check | Where to look |
|---|---|---|
| Unit title | Its own certificate of title, in the seller's name, matching the unit visited | Title and condominium plans |
| Condominium regime | Regime set up and registered | Registro de Títulos |
| Legal status | Mortgages, objections, disputes or other entries | Recent certificate of legal status |
| Fees | Amount, special assessments, arrears on the unit | Budget, account statement, paid-up certificate |
| Bylaws | Use restrictions: rentals, works, pets | Bylaws in force and house rules |
| Minutes | Approved works, disputes, recent decisions | Minutes of recent meetings |
| Building permits | Construction licence and conformity of what was built | Municipal and ministry documents |
| Technical condition | Damp, leaks, utilities, structure | Technical inspection of the unit |
| Common areas | Roofs, facades, pool, pumps, generator | Technical visit and minutes |
| Disputes | Cases between owners, with the developer or third parties | Minutes, administrator, legal status |
In detail: the points most often missed
The title and the unit
Compare the unit's number, floor and location on the title with what you visited. Check whether the parking space and storage room are part of the title or assigned under the bylaws. For the background, see the condominium regime and the certificate of legal status.
The building permits
A building put up without a licence, or with floors added later, can affect every unit in it. See building permits.
The technical condition
In a coastal area, damp, corrosion and waterproofing deserve particular attention. An inspection by a licensed professional helps tell a cosmetic issue from a structural one.
The condominium's finances and rules
A paid-up certificate, the budget and recent minutes say a lot about how the building is managed. See fees and reserve fund and bylaws, administrator and owners' meeting.
If you are buying off-plan or during construction
The checks change in nature. It is advisable to review the title to the developer's land, the project's licences, how the regime will be set up, how the payment schedule relates to construction progress, and the guarantees in the contract. Your lawyer can advise you on the clauses.
Questions to ask the seller
- Can you give me a copy of the unit's title and a recent certificate of legal status?
- Can the management issue a paid-up certificate for the fees?
- Do you have the bylaws in force and the latest meeting minutes?
- Have you carried out works in the unit? With what approvals?
- Are you aware of any dispute or court case affecting the condominium?
Common pitfalls
- Checking the unit and forgetting the building, or the other way round.
- Accepting copies without checking them at the source.
- Signing a sale promise with a deposit before the essential checks.
- Finding out too late about a rental restriction or approved works.
Only a review of your specific file by licensed professionals can lead to a conclusion. Your lawyer can confirm the legal points.
Your checklist
Use our checklist before buying an apartment so you do not miss anything on the day of the visit or before signing.
How we can help
Our buyer's package combines the title verification, the permit check, the technical inspection and the condominium audit. You can also order just the condominium audit or the technical inspection.
Official sources
- Ministerio de Vivienda, Hábitat y Edificaciones (MIVHED) — portal oficial — Ministerio de Vivienda, Hábitat y Edificaciones. Reference source: consultation to be confirmed by the reviewer.
- Registro Inmobiliario (Jurisdicción Inmobiliaria) — portal oficial — Poder Judicial de la República Dominicana — Registro Inmobiliario. Reference source: consultation to be confirmed by the reviewer.
Law numbers, rates, deadlines and procedures are only published after checking them against the official source. Sources are monitored every week.
Glossary terms
- Certificación de estado jurídico (certificate of legal status)
- Certificado de título (certificate of title)
- Condominio (condominium)
- Cuota de mantenimiento (maintenance fee)
- Fondo de reserva (reserve fund)
- Licencia de construcción (building permit)
- Litis sobre derechos registrados (dispute over registered rights)
- Promesa de venta (preliminary sale agreement)
- Reglamento de condominio (condominium bylaws)
General information, which does not constitute legal advice. For your own case, request a check.
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