Condo law in the Dominican Republic: private units, common areas and title

What is the condominium regime?

A condominium is a building or a complex (apartments, villas, commercial units) in which each owner holds exclusive ownership of their unit and, together with the others, a share of the common areas. The condominium law sets the general rules. The real estate registration system determines how the regime is registered and how each unit receives its title.

For a buyer, the key idea is simple: you are not just buying an apartment, you are buying a unit within a legal regime. That regime defines what belongs to you, what you share and under which rules.

Private units and common areas

The exact line between private and common is set by the founding document, the bylaws and the plans. Some spaces, such as a rooftop terrace or a garden in front of a villa, may be common areas reserved for the exclusive use of one unit. That distinction matters for the works you can carry out and for who pays for upkeep.

How the regime is set up, in general terms

1. The starting point is a titled plot of land, generally with a proper survey and deslinde.
2. A surveyor (agrimensor) draws up the condominium plans, which identify each unit and the common areas. These plans are reviewed by the Dirección de Mensuras Catastrales.
3. The founding document and the condominium bylaws are drafted. They set each unit's share of the common areas and the rules of use and management.
4. The regime is registered with the Registro de Títulos (title registry), which generally issues a certificate of title for each unit, with its own cadastral designation.

When a project is sold off-plan or under construction, the regime is often not yet registered. That is not necessarily abnormal, but you are then buying a future right, and the contract should state how and when you will receive your title.

Why it matters

• No registered regime, no individual title. You could end up with a mere contract or a right over the whole complex, which is harder to sell, mortgage or pass on.
• The title defines what you own. The unit's designation, location and share of the common areas appear in the registered documents, not in the sales brochure.
• The rules bind you. When you buy, you become subject to the bylaws in force (see bylaws, administrator and owners' meeting).

What to check

• That the condominium regime is registered with the Registro de Títulos, not just announced.
• That the unit you are buying has its own certificate of title, in the seller's name.
• That the unit's designation in the title (number, floor, block) matches the unit you visited and the plans.
• That promised extras (parking, storage, terrace) appear in the title, the bylaws or the plans, and on what basis.
• That the unit's legal status shows no unexpected mortgage, objection or dispute.
• That the underlying plot has a proper deslinde.
• That any extensions or units added after the regime was set up have been brought into it.

Questions to ask the seller

• Is the condominium regime registered? Can you give me a copy of the unit's title?
• Is the parking space part of the title, or is it assigned under the bylaws?
• Has the condominium been modified since it was set up? Are those changes registered?
• If the project is under construction: at what stage is the setting up of the regime, and what does the contract say if it is delayed?

Common mistakes and pitfalls

• Confusing the land title with the unit title. The project's parent title does not prove that your unit legally exists.
• Numbers that do not match. The apartment you visited is not always the one shown on the title; comparing with the plans clears this up.
• Treating common areas as private. Enclosing a terrace or a garden reserved for your use may require the owners' approval.
• Units added without amending the regime. An extra floor or a unit built later may fall outside the registered regime.

Only a review of the specific file by a licensed professional can lead to a conclusion about a given unit. Your lawyer can confirm the position.

How we can help

Our condominium audit checks the registered regime, whether the title matches the unit, the bylaws and the fees. It can be combined with a title verification. For the full picture, see also what to check before buying an apartment.

Request a check and tell us which unit you are interested in.