Coastal zone in the Dominican Republic: public maritime domain and building restrictions

What is the public maritime domain?

The principle is this: the beach and a strip of land along the shore are part of the public domain. They belong to the public, not to a private owner. In principle, this domain cannot be sold or appropriated, and construction there is restricted.

The exact distance and rules are set by law and must be checked. How the boundary is determined (from which line, using which method) is a technical and legal question. It is a matter for a surveyor (agrimensor) and a lawyer, on the specific plot. It is advisable not to rely on a distance you heard during a viewing or read on a forum.

Rivers, lagoons and protected areas

The coastline is not the only area concerned. The banks of rivers, streams and lagoons may also be subject to protection strips. Mangroves, wetlands and protected natural areas have specific rules, under the authority of the Ministerio de Medio Ambiente y Recursos Naturales. The Samaná region includes sensitive natural environments, so a plot near a watercourse or a protected area deserves a closer check.

Why it matters

A beachfront property often carries a high value. It is also where checks matter most.

• Building in a restricted zone: a wall, terrace, pool or stairway to the beach may sit in an area where construction is limited. Depending on the case, this can lead to penalties, a demolition order or the inability to regularize (see unauthorized construction).
• Title boundaries: a plan that seems to include part of the beach or riverbank should be examined carefully. In principle, the public domain cannot be privately owned, whatever document is presented.
• Public access: access to the beach may involve a right of way or easement. Fencing off an access can lead to a dispute.
• Natural hazards: erosion, hurricane storm surge, flooding, and salt air that speeds up the corrosion of reinforcing steel and equipment.
• Insurance, financing and resale: a buyer, a bank or an insurer may ask for proof of the building's position and compliance.

What to check

• The survey (mensura) plan and the deslinde: where is the plot boundary relative to the shore?
• The actual position of the buildings: house, pool, walls, terraces, stairs, beach structures.
• The building license and, where applicable, the environmental authorization.
• The land-use approval issued by the municipality.
• Any nearby river, ravine, mangrove or protected area.
• Signs of erosion: recent rock armoring, retaining walls, cracks related to ground movement.
• Technical condition: structure, corrosion, waterproofing, systems exposed to salt.
• The insurance conditions for the property.

Questions to ask the seller

1. Where exactly does the plot boundary run relative to the beach, and on which plan is it shown?
2. Are all the buildings, including those on the beach side, covered by the authorizations?
3. Was an environmental authorization obtained?
4. Have there been any notices or proceedings by the authorities concerning the shore?
5. Has the property suffered damage from the sea, erosion or storms?
6. Is there public access to the beach through or next to the plot?

Common pitfalls

• Relying on a distance "everyone knows" without a professional check.
• Assuming the shoreline is fixed: it can move with erosion.
• Confusing the plot boundary on the title with the area where building is allowed.
• Thinking that an old building by the sea is necessarily tolerated.
• Buying a plot to build on without checking what is actually allowed there.

How we can help

Our land check reviews the title, the survey plan and the plot's position relative to the shore and sensitive areas. Our permit check compares existing buildings with the authorizations, and a technical inspection assesses their condition. Only a review of the specific file by licensed professionals can lead to a conclusion. To get started, request a check.