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Free Guide to Hiring a Real Estate Lawyer
Salvaleón de Higüey sits at the heart of La Altagracia province, a fast-growing area influenced by tourism and residential expansion in the Punta Cana - Bávaro - Verón - Higüey corridor. Housing, construction, and development in this region are governed by a mix of national laws and local ordinances. Key topics include secure land title and surveys, municipal land use rules, environmental permitting, condominium and homeowners association governance, construction licensing and inspections, and consumer protection for buyers of new or off-plan properties. Because Dominican property law relies on a specialized real estate registry system and on technical processes such as deslinde - the court-supervised demarcation of parcel boundaries - projects move best when legal and technical steps are planned from the outset. Whether you are purchasing a home, developing a multi-unit project, entering a construction contract, or managing a rental, a clear understanding of the local legal framework will help you prevent costly delays and disputes.
People in Higüey often seek legal help to verify clean title and boundary lines before buying property, including review of certificate of title, past transfers, liens, and easements. A lawyer coordinates the mensura catastral and deslinde with a licensed surveyor when needed, and confirms that the parcel you see on the ground is the same parcel you are buying on paper. In construction, counsel prepares and negotiates contracts with contractors and designers, sets payment and retention schedules, aligns plans with permits, and allocates risk for delays, cost increases, and defects. For developers, a lawyer structures the project through a company or trust, secures municipal land use and building permits, manages environmental licensing, and drafts condominium bylaws and disclosure documents. For buyers of pre-construction units, counsel reviews reservation and promise-to-sell agreements, trust structures, escrow arrangements, construction milestones, and refund and penalty clauses. Landlords and tenants use legal advice to handle lease drafting, deposits, lawful rent increases, and evictions, which must follow specific procedures. When disputes arise - for example encroachments, defective work, unpaid invoices, HOA conflicts, or title challenges - a local attorney can attempt negotiation, use administrative remedies, or litigate before the real estate courts or ordinary courts as appropriate. Foreign clients also benefit from bilingual counsel who can navigate notarization, sworn translations, tax numbers, and cross-border payments.
Property registration and title security are governed by the Real Estate Registry Law and its regulations. The Dominican Republic uses a specialized real estate jurisdiction with courts and registries dedicated to land matters. Before a sale or mortgage, parcels generally must undergo deslinde, a formal process that fixes boundaries on the official cadastre. Your lawyer will work with a licensed surveyor to prepare plans and route them through the survey office and real estate court so the Registry of Titles can issue or update the certificate of title.
Condominiums and horizontal property are regulated by the national condominium framework, which requires a master deed, bylaws, a description of common and private elements, allocation of common expense percentages, and an owners assembly with an administrator. Developers must register the condo regime before delivering units, and purchasers should review bylaws, budgets, reserve funds, and any rules on rentals, alterations, and use of amenities.
Urban development and construction are shaped by national construction and urban planning rules and by municipal ordinances. In Higüey, the Ayuntamiento issues land use and construction licenses and oversees compliance through its planning and engineering offices. Depending on the size and location of your project, you may also require permits from the Ministry of Housing and Buildings for technical review and from the Ministry of Environment under the General Environmental Law, especially if your project affects sensitive areas, water bodies, or coastal zones. Larger or tourism-related developments may fall under special incentive regimes administered by tourism authorities, which come with compliance conditions.
Construction activity must follow building codes, safety and labor standards, and professional practice rules. Architects, engineers, and surveyors must be licensed, and construction sites must implement occupational safety measures and worker benefits. Public works or projects involving government funds follow public procurement rules with strict bidding and contracting procedures.
Leases and evictions follow long-standing rental statutes and decrees that establish formalities for contracts, security deposits, rent adjustments, and court procedures to recover possession. Landlords and tenants should document the condition of the property at move-in and move-out, and landlords should manage deposits and notices in compliance with the law to avoid delays in eviction cases.
Real estate transactions typically involve taxes and fees such as a real estate transfer tax payable upon registering a sale, notarial and registry fees, and, for some owners, an annual property tax above certain thresholds. Developers and investors should plan for income and capital gains taxation and take advice on available incentives or exemptions. Because tax rules can change and specific rates depend on your situation, obtain current, tailored advice from a lawyer or tax professional before closing.
Your lawyer requests a certification from the local Registry of Titles, reviews the certificate of title, chain of ownership, and any encumbrances such as liens, mortgages, easements, or annotations. If the parcel has not been deslinded, you will likely need to complete deslinde with a licensed surveyor and the real estate court before or as a condition of closing.
Deslinde is the official boundary demarcation and adjudication process that aligns the land on the ground to the legal parcel in the cadastre and registry. It produces an approved survey plan and allows the Registry of Titles to issue a certificate tied to exact coordinates. Without deslinde, sales, mortgages, and permits can be delayed or refused.
Common steps include a land use certificate from the Ayuntamiento, technical approval and a construction license, and, for certain sites or sizes, an environmental authorization from the Ministry of Environment. You will submit architectural and structural plans signed by licensed professionals, proof of title or authorization from the owner, and compliance with setbacks, height limits, parking, and infrastructure requirements.
Yes. Foreign nationals can own Dominican real estate directly or through a company or trust. You will need identification and a local tax number to register the purchase. Using a company or a trust may help with estate planning and project financing, but you should choose the structure after legal and tax analysis.
Many developments sell units before completion and use a trust structure created under the trust law to separate project assets, secure buyer payments, and manage construction disbursements. Before signing, have a lawyer review the trust agreement, developer credentials, construction timeline, financing, escrow arrangements, penalties for delays, and refund provisions.
At minimum, it should define scope and plans, responsibilities for permits, price and adjustment mechanisms, payment milestones with retention, change order procedures, schedule and extensions, quality standards and inspections, warranties and defect correction periods, insurance and bonds, safety obligations, termination rights, dispute resolution, and governing law and venue.
Condo projects must be formed through a master deed and bylaws that create the owners association, define common and private areas, set voting rules, and apportion common expenses. Buyers should read the bylaws, budget, and house rules before closing, and check whether the condo regime has been duly registered and whether there are outstanding HOA debts.
Leases should be in writing and specify rent, term, deposits, maintenance, and termination. Security deposits are regulated and must be handled according to law. If a tenant defaults, the landlord must follow statutory notice and court procedures to obtain a judgment for eviction. Self-help evictions are not allowed.
Expect a real estate transfer tax when registering the sale, plus notary, appraisal, and registry fees. Owners of higher-value holdings may owe an annual property tax. Sellers and developers may face income or capital gains tax on profits. Obtain a current tax estimate early in the transaction to avoid surprises at closing.
Start with a technical review of the boundary using your approved survey plan. If needed, engage a surveyor to verify on site. Your lawyer can send a formal demand to remove encroachments or to respect easements, and, if unresolved, file an action in the real estate jurisdiction to protect your rights and enforce the official boundaries.
Ayuntamiento del Municipio de Salvaleón de Higüey - Municipal planning, land use certificates, and construction licenses for projects within the municipality.
Registro de Títulos and the real estate jurisdiction - Specialized courts and registries that handle title issuance, deslinde, boundary disputes, and registration of liens and transfers.
Dirección Nacional de Mensuras Catastrales - Survey authority that reviews and approves cadastral plans used in deslinde and parcel subdivision.
Ministerio de la Vivienda y Edificaciones - National authority responsible for housing policy, building oversight, and technical norms for construction.
Ministerio de Medio Ambiente y Recursos Naturales - Environmental permits, impact studies, and compliance for projects that may affect natural resources or sensitive areas.
Dirección General de Impuestos Internos - Tax authority for real estate transfer tax, property tax, and income or capital gains obligations associated with real estate transactions.
Pro Consumidor - Consumer protection agency that receives complaints about misleading advertising, abusive clauses, or defects affecting consumers in real estate purchases.
Colegio Dominicano de Ingenieros, Arquitectos y Agrimensores - Professional body for engineers, architects, and surveyors, useful for verifying licenses.
Ministerio de Turismo and tourism incentive bodies - Oversight and incentives for qualified tourism-related developments in the province.
Cámara de Comercio y Producción de La Altagracia - Company registrations and certifications for local businesses involved in development or construction.
Clarify your objective and timeline. Whether you plan to buy a home, build, or develop a multi-unit project, define location, budget, financing, and delivery schedule. Early clarity helps your professional team anticipate legal and permitting needs.
Engage a local real estate or construction lawyer early. Ask for a written scope covering due diligence, permitting, contract drafting, and closing support. If you are abroad, request bilingual service and sworn translations where needed.
Collect core documents. For purchases and developments, gather identification and tax number, corporate documents if using a company, current certificate of title, approved or draft survey plan, prior contracts, HOA documents, and any existing permits or environmental reports.
Order legal and technical due diligence. Your lawyer and surveyor should confirm title status, boundaries, access and easements, zoning and land use conditions, utilities availability, taxes due, and any restrictions or protected areas that could limit development.
Plan the right structure. Consider whether to hold property personally, through a local company, or through a trust. Evaluate liability, financing, tax, and succession planning before committing.
Secure permits and approvals. Coordinate with the Ayuntamiento, the Ministry of Housing, and the Ministry of Environment as applicable. Align architectural and structural designs with local codes and submit complete applications to avoid resubmissions.
Use robust contracts and reliable payment flows. For construction or off-plan purchases, use clear contracts, escrow or trust arrangements for funds, realistic schedules, and retention or performance guarantees that protect against non-performance and defects.
Monitor compliance during execution. Keep site logs, inspection reports, and change order records. Address issues promptly in writing, follow notice requirements, and keep proof of payments and communications.
If a dispute arises, act quickly. Preserve evidence, review the contract and applicable law, send a formal notice, and assess negotiation or mediation. If litigation is needed, your lawyer will file in the proper forum, often the real estate jurisdiction for land matters or the ordinary courts for contractual and construction claims.
Laws and procedures evolve. Always confirm current requirements and fees with your lawyer and relevant authorities in Higüey before you sign, pay, or build.
