Unpermitted construction in the Dominican Republic: risks and checks before you buy

What are we talking about?

A building can be problematic in several ways. It may have been built without any authorization, extended afterwards, or built differently from what the approved plans showed. It may also sit in an area where construction is restricted, or be used for something other than what was intended.

The risks, in general terms

The nature and seriousness of the consequences depend on the situation and the applicable rules. They can only be assessed on a specific file. In general, the possible risks are:

• Administrative penalties, such as fines.
• Stop-work orders or, in some cases, an order to demolish part or all of the building.
• Difficulty, or even inability, to register the building or to set up a condominium regime.
• Difficulty reselling: a well-advised buyer will ask the same questions you are asking.
• Difficulty financing or insuring: a bank or insurer may ask for the authorizations.
• Technical risk: without a plan review, the structure was not necessarily designed correctly (see building codes).
• Disputes with neighbors or co-owners.

The new owner may have to deal with the situation, even if they did not build anything themselves.

Regularization: possible or not, depending on the case

Some situations may, depending on the case, be regularized. This generally involves having as-built plans drawn up, having the structure checked by an engineer, and then applying to the relevant authorities. The outcome, cost and timing remain uncertain until the file has been studied.

Other situations are much harder, or even impossible, to regularize: building on public domain, in a protected area (see the coastal zone), a use incompatible with the permitted land use, or a structure considered unsafe.

Only a licensed professional, after studying the specific file, can say whether regularization is feasible. It is wise not to buy on the mere promise that "everything will be regularized later". With your lawyer, it may be useful to include conditions in the promise of sale (see the steps of a purchase).

How to spot it before you buy

• Ask for the building license and the approved plans, then compare them with the property (see building permits).
• Count the floors and note any annexes, pool and covered terraces.
• Have a surveyor (agrimensor) check where the buildings sit relative to the plot boundaries.
• Look for signs of later work: different materials, visible joints, a newer roof over part of the building.
• Compare with old photos, previous listings or aerial images.
• Check that the current use (rental, business) matches what was authorized.
• Have a technical inspection carried out.

Questions to ask the seller

1. Are all parts of the property covered by the building license?
2. What work has been done since the original construction, and with which authorizations?
3. Have you received any notice, fine or order from the authorities?
4. Has regularization already been attempted? With what result?
5. Would you agree to make the compliance of the buildings a condition of the sale?

Common pitfalls

• Accepting the argument that "everyone builds like this".
• Negotiating a price reduction without assessing the cost and feasibility of regularization.
• Believing a promise of regularization after the sale, with no written commitment.
• Overlooking work done in the common areas of a condominium.
• Discovering the problem when it is time to resell.

How we can help

Our permit check compares the available authorizations with the actual property and flags discrepancies. It can be combined with a technical inspection and a land check for the building's position on the plot. Our report does not replace your lawyer's advice: only a licensed professional, working on the specific file, can reach a conclusion on regularization. To get started, request a check.