Law 108-05 Explained: A 2026 Guide for Foreign Property Buyers in the Dominican Republic

Law 108-05 Explained for Foreign Property Buyers in the Dominican Republic (2026 Guide)

If you are buying property in the Dominican Republic in 2026, one law sits at the center of everything you do: Law 108-05 on Real Estate Registration. It governs how titles are issued, how properties are surveyed and registered, and how disputes over land are resolved. Understanding this law — at least at a working level — is the single best way to protect yourself from the kinds of title problems that have historically tripped up foreign buyers.

This guide walks you through what Law 108-05 actually does, how the Dominican title system works under it, what documents you should demand, and the red flags that should make you slow down and call an independent attorney.

What Law 108-05 Is — and Why It Matters to You

Law 108-05, the Ley de Registro Inmobiliario, modernized the country's land registration system and created the Jurisdicción Inmobiliaria (Real Estate Jurisdiction). This is the specialized branch of the judiciary that administers property rights in the Dominican Republic. It is made up of three operational bodies you will hear referenced repeatedly:

• Registro de Títulos — the registry where titles and encumbrances are recorded.
• Dirección Nacional de Mensuras Catastrales — the cadastral surveying authority that approves the physical boundaries of each parcel.
• Tribunales de Tierras — the land courts that resolve disputes and issue final rulings on ownership.

The law replaced an older, paper-heavy, often unreliable system with a Torrens-style registry: once a property is properly titled and registered under Law 108-05, the state guarantees the title. In plain English, the Certificado de Título issued by the Registro de Títulos is the strongest possible evidence that you own what you think you own.

That guarantee is exactly what you, as a foreign buyer, are paying for. Without it, you are buying a story.

Foreigners' Right to Own — The Real Legal Basis

A widespread myth says foreigners need special permission, a corporation, or a "foreign investment" registration to own Dominican property. That is not accurate.

Foreigners enjoy the same property rights as Dominicans under the Constitution (Articles 25 and 221), which guarantee equal treatment to foreign investors. Earlier presidential-approval requirements were eliminated by Decree 21-98. You do not need residency, citizenship, or a Dominican partner to take title in your own name.

Two real restrictions do exist, and you should know them:

• The 60-meter maritime zone (Law 305 of 1968) — the strip of land measured 60 meters inland from the high-tide line is public, inalienable property. Nobody — Dominican or foreign — can privately own it. Beachfront projects normally sit just behind this zone.
• Properties physically inside national parks or other protected areas have their own restrictions administered by the Ministry of Environment.

There is no general "border zone" ownership ban near Haiti that requires presidential authorization. That is a recurring piece of misinformation.

The Certificado de Título: What You Are Actually Buying

Under Law 108-05, your end-state goal is to hold a Certificado de Título in your name (or your SRL's name), issued by the Registro de Títulos for the jurisdiction where the property is located.

A clean, modern Certificado de Título should reference:

• A specific parcela (parcel) with a cadastral designation.
• A completed deslinde — the individualized survey that separates your parcel from any larger "parent" parcel.
• The owner's name and identification.
• Any cargas y gravámenes (liens, mortgages, easements, usufructs, oppositions) recorded against it.

Deslinde: The Detail That Catches Foreign Buyers Off Guard

Many older Dominican properties — especially raw land, family-inherited parcels, and some pre-2010 developments — sit inside a larger undivided parcel under what's called a Constancia Anotada. A Constancia means you own a share of a bigger parcel that has not yet been individually surveyed and titled.

Under Law 108-05 and subsequent regulations, the system has been pushing all properties toward fully deslindado status. If a seller offers you a property that still sits under a Constancia Anotada:

• Confirm whether a deslinde is in progress.
• Understand that you may inherit the cost and time of completing it.
• Treat the price accordingly — this is not the same product as a fully titled parcel.

For finished condos, the equivalent is making sure the condominium regime has been properly declared and that your unit has its own Certificado de Título, not just a promise from the developer.

Notary vs. Abogado — Who Does What

In the Dominican system, a notario público is a licensed attorney with notarial faculties. The notary authenticates signatures and the deed of sale (Contrato de Venta) so it can be registered. The notary is not your advisor and is not responsible for verifying that the property is clean.

That job belongs to your independent abogado — a licensed Dominican attorney that you hire, not the seller's or developer's lawyer. Using the other side's lawyer to "save money" is the single most common expensive mistake foreign buyers make.

Your attorney should, at minimum:

• Pull a current Certificación del Estado Jurídico del Inmueble from the Registro de Títulos.
• Verify the seller's identity and capacity to sell (including spousal consent under the community-property regime, if applicable).
• Confirm there are no recorded mortgages, oppositions, embargoes, or tax debts.
• Check IPI (annual property tax) status with DGII.
• Verify HOA / condominio dues are current.
• Confirm utilities and that the physical property matches the surveyed boundaries.

The Closing Path Under Law 108-05

A typical foreign-buyer transaction looks like this:

1. Offer and acceptance, usually informally.
2. Promesa de Venta (promise of sale) — a binding bilingual contract with a deposit, typically held in escrow. Your attorney drafts or reviews this before you wire money.
3. Due diligence period — title certification, cadastral verification, tax and HOA checks.
4. Contrato de Venta — the final deed, signed before a notary.
5. Tax payment — the buyer files and pays the 3% transfer tax (ITI) to DGII, calculated on the higher of the contract price or the DGII appraisal value. Without this stamped, you cannot register.
6. Registration at the Registro de Títulos — the title is reissued in your name and a new Certificado de Título is delivered.

Closing costs (taxes + legal + registration) commonly land in the mid-single-digit percent range of the purchase price, but the exact figure depends on the property, the appraisal, and your attorney's fee. Confirm current rates with DGII and your attorney before budgeting.

Fraud Red Flags You Should Not Ignore

Law 108-05 dramatically reduced title fraud, but it has not eliminated it. Walk away — or at least pause — if you see any of these:

• Pressure to sign or wire before your attorney has the title certification in hand.
• A seller who only has a Constancia Anotada and cannot show progress on a deslinde.
• A "title" that is actually a notarized private document, a carta de venta, or a possession claim — not a Certificado de Título.
• Boundaries on the ground that don't match the cadastral plan.
• Property inside the 60-meter maritime zone being sold as private.
• Use of the seller's or developer's attorney as "your" lawyer.
• Requests to under-declare the price on the deed to "save taxes." This exposes you to capital gains on resale and is illegal.

Short FAQ

Do I need to form a Dominican SRL to buy? No. You can take title personally. Some buyers use an SRL for liability, estate-planning, or rental-business reasons, but it is a choice, not a requirement.

Can my spouse and I both be on title if we're not Dominican residents? Yes. Co-ownership by non-residents is routine.

How long does registration take? It varies by jurisdiction and workload — often a few weeks to a few months. Your attorney should give you a realistic local estimate.

What if the property is in a CONFOTUR-certified project? CONFOTUR (Law 158-01) projects can offer transfer-tax and IPI exemptions, but the transfer-tax exemption realistically benefits the first buyer from the developer; resale buyers usually don't get it. Confirm the certification and its scope with the Ministry of Tourism (MITUR) and your attorney before relying on any tax benefit.

Where do I verify the rules cited here? The Jurisdicción Inmobiliaria and Registro de Títulos for title matters, DGII for taxes, MITUR/CONFOTUR for tourism incentives, and a licensed independent Dominican abogado for your specific transaction.

Final Word

Law 108-05 is, on balance, very good news for foreign buyers. It gives you a state-backed title system that — when used correctly — is as secure as anything in North America or Europe. The catch is that the system only protects you if you actually use it: insist on a real Certificado de Título, a completed deslinde, an independent attorney, and a properly recorded transfer.

Laws, fees, and tax thresholds change. Before you sign or wire anything in 2026, confirm current figures with DGII and a licensed Dominican attorney representing you.