Acquiring real estate is one of the most important financial decisions a person can make. The Dominican market offers great opportunities, but it also presents legal particularities that require careful verification. This guide summarizes the key aspects of the process so you can proceed with transparency and confidence.
1. Legal Verification of the Property
The first step is to confirm that the property is legally in order before paying any amount of money.
Title of Ownership: The Certificate of Title issued by the Title Registry proves ownership in the Dominican Republic. Verify that it is definitive (not provisional), that it is in the seller’s name or that there is notarized authorization if the owner is a third party, that the cadastral description matches the property being offered, and that there are no mortgages, liens, or preventive annotations.
Legal Status and IPI: Request the Certification of Legal Status of the Property from the Title Registry; it should state “no annotations.” Also confirm that the Real Estate Property Tax (IPI) is up to date, as outstanding tax debts may transfer to the buyer.
Survey and Physical Verification: For land or new developments, a certified surveyor must confirm that the physical boundaries match the plan and the Title.
2. Due Diligence in New Developments
Buying pre-construction or under construction requires additional verification. The MIVED, through its Vivienda Segura program, establishes the following criteria:
Trust Structure and Financial Framework
Trust (Fideicomiso): Verify whether the project operates under this structure, which protects your funds in case of developer default.
Trust Company (Fiduciaria): If applicable, ensure it belongs to ASOFIDOM (Dominican Association of Trust Companies).
TRC Insurance: The project should have Construction All Risk insurance.
Condominium Regime: It must be approved, guaranteeing individual Title per unit.
Required Permits
Municipal permit (land use and zoning compliance).
Authorization from the Ministry of Environment and Natural Resources.
Permit from the Ministry of Tourism, if the project is tourism-related.
Construction permit or commencement license issued by MIVED.
Developer’s Track Record
Previously delivered similar projects: the best proof of reliability.
Banking and commercial references of the construction company.
Anti-money laundering due diligence completed.
3. Contractual Aspects
Promise of Sale Agreement: This is the first formal agreement, usually with a 10–20% deposit of the purchase price. It must be notarized and include: full identification of the parties (including the seller’s spouse if married), exact cadastral description, price and payment terms, deadline for the final deed, termination clause for breach, and delivery date of the property.
Final Purchase Agreement: This formalizes the transfer before a Notary Public. It must then be filed with the DGII for payment of the transfer tax and registered with the Title Registry. Without this registration, the buyer is not legally recognized as the owner against third parties.
4. Tax Implications and Closing Costs
Transfer Tax: At the time of transfer, a 3% tax is paid on the market value of the property, based on the DGII’s official appraisal or the sale price (whichever is higher). Low-cost housing qualified by MIVED may be exempt.
Real Estate Property Tax (IPI): The owner is subject to an annual 1% tax on the value exceeding the exempt threshold (updated annually). Exemptions apply, among others, to owners over 65 with a single residence and rural agricultural properties.
5. Foreign Buyers
There are no restrictions for foreign citizens acquiring property in the Dominican Republic; the same rights apply as for nationals. It is recommended to obtain an RNC from the DGII and, if not present for all procedures, to grant notarized power of attorney to a trusted local representative.
6. Recommendations to Avoid Risks
Never pay money without verifying the Title and legal status of the property.
Request original documents or certified copies; do not accept informal photographs.
Verify the seller’s identity.
Confirm all required permits before signing in new developments.
Preventive legal advice will always cost less than resolving a legal dispute later.
Keep copies of all documents and proof of payment.
Be cautious of unusually low prices without clear justification.
Ready to buy with confidence?
At Alburquerque Abogados Consultores, we support every stage of your real estate purchase with expert, personalized legal advice.
Dominican Republic: An Exceptional Case of Stability and Confidence in an Alert Latin America
In a regional context marked by the erosion of institutional trust, widespread economic fragility, and growing political polarization, the Dominican Republic has emerged as an exception in Latin America. This is stated in the Latin America Country Risk Index and Analysis 2025, prepared by the Adam Smith Center for Economic Freedom at Florida International University (FIU), one of the most rigorous comparative studies on political, economic, social, and international risk in the region.
The report, which evaluates twelve Latin American countries, places the Dominican Republic among the economies with the lowest structural risk for foreign investment and the highest expectations for economic growth. It also identifies the Dominican Republic as the country with the highest favorable recommendation for investment, with 76% of the experts consulted recommending investment in the country, representing a significant advantage compared to other countries in the region.
Stability in a Region Under Pressure
The study identifies the main investment risks in the region as the expansion of organized crime, the deterioration of public security, political polarization, and a generalized crisis of trust in political parties, congresses, and other key institutions. Institutional credibility was measured using the new “Trust-O-Meter” developed by the report, which places the region, on average, at an “alert” level.
Within this context, the Dominican Republic stands apart from other countries in the region. According to the report’s findings, the country records the lowest levels of political, economic, social, and international risk. This is largely due to the absence of internal confrontations that could compromise decision-making processes, the execution and respect of democratic processes, and overall governmental stability. The country’s political stability clearly contrasts with the volatile scenarios currently affecting other major economies in the region.
Macroeconomic Strength and Private Sector Confidence
As noted above, the performance of the Dominican economy is one of the key reasons the country is currently favorably positioned for investment. According to the report, the Dominican Republic ranks among the nations with the lowest economic risk, supported by consistent macroeconomic policies and a positive perception from the private sector regarding economic management.
While high levels of unemployment, inflation, and informality persist in most Latin American countries—factors that the study directly links to political and social instability—experts project a favorable medium-term growth outlook for the Dominican Republic. This expectation is supported by the continuity of policies aimed at industrial development, the attraction of foreign direct investment at the state level, trade openness, and the strengthening of bilateral relations with key partners.
Contained Social Risk in a Turbulent Hemisphere
One of the study’s most significant findings is the relevance of social risk in Latin America. The advance of organized crime and high levels of criminality across the region represent one of the main challenges, directly impacting investment, business operating costs, and legal certainty—an essential factor for formal economic activity.
In this area, the Dominican Republic shows social risk levels below the regional average, remaining relatively insulated from the more severe deterioration observed in other countries. Although none of the countries analyzed is completely immune to regional security challenges, the report acknowledges that, unlike others, the Dominican environment offers more favorable conditions for business activity, tourism, and productive investment.
Low International Risk and Strategic Positioning
The analysis of international risk further reinforces this positive perception. In a global environment marked by geopolitical tensions, the Dominican Republic ranks among the countries with the lowest international risk index, alongside Peru and Argentina. This perception stems from the country’s stable foreign relations, timely strategic alignment with key partners, and a foreign policy focused on strengthening cooperation across the continent.
Regional Leadership in Investment Recommendation
The study’s most compelling conclusion is the direct recommendation for investment. While countries such as Paraguay and Argentina received positive evaluations, the Dominican Republic led the regional ranking with a clear advantage.
For investors and companies, the report’s message is clear: in Latin America, the Dominican Republic offers a resilient profile against external pressures and internal stability that contributes to its consolidation as a preferred investment destination.
Final Reflections
The challenge for the Dominican Republic will be to consolidate the progress achieved in areas related to foreign investment, continue strengthening transparency, democratic institutions, and legal certainty, and remain adaptable to an increasingly competitive international environment.
Ultimately, in a continent facing growing warning signs and increasingly fragile political and economic stability, the Dominican Republic stands out not only for its recent performance, but also for the confidence it inspires in the future—solidifying its position as one of the most solid and attractive investment destinations in Latin America.
Law No. 98-25, which amends and supplements various provisions of Law No. 225-20 on Comprehensive Management and Co-processing of Solid Waste, aims to strengthen the national waste management system, reduce environmental impact, and promote the circular economy, in accordance with the provisions of Article 1 of Law No. 98-25, which redefines and expands the purpose of the existing regulation. This reform introduces new technical, financial, and operational obligations that directly impact companies and local governments.
Special Contribution and Strengthening of the System
One of the most significant changes is the introduction of a mandatory Special Contribution, through the amendment of Article 36 of Law No. 225-20 and the inclusion of Paragraph III, as established by Law No. 98-25. This contribution applies to all legal entities, both public and private, is calculated based on the annual income reported to the General Directorate of Internal Taxes (DGII), and becomes enforceable as of the 2025 fiscal year-end. The funds collected are allocated exclusively to financing transfer stations, recovery plants, sanitary landfills, and other infrastructure of the national waste management system, strengthening its financial sustainability, while also representing a new cost that companies must anticipate.
Increased Oversight and Corporate Responsibility
Law No. 98-25 amends and expands the provisions of Law No. 225-20 relating to the Ministry of Environment and Natural Resources, reinforcing its role as the governing authority of the system and its regulatory and supervisory powers over public and private stakeholders. Likewise, through the amendment of Articles 27 and subsequent articles of Law No. 225-20, the Extended Producer Responsibility (EPR) regime is broadened, imposing on producers, importers, and marketers the obligation to ensure the post-consumption management of waste derived from their products. These amendments promote the circular economy but entail greater technical and operational compliance requirements.
Regulation of Plastics, Municipalities, and Compliance Deadlines
The regulation introduces specific changes regarding single-use plastics and expanded polystyrene (foam), through the amendment and incorporation of provisions contained in Articles 30 to 34 of Law No. 225-20, as amended by Law No. 98-25, establishing mandatory technical requirements for their manufacture, importation, and commercialization, including biodegradability certifications. Likewise, Law No. 98-25 amends Articles 38 and 41 of Law No. 225-20, conditioning municipalities’ access to financial contributions on the approval of municipal waste management plans and establishing deadlines for the regularization and closure of open-air dumps. These reforms seek to reduce environmental and health risks, although they require operational adjustments at both the business and municipal levels.
Drawbacks and Challenges of Law No. 98-25
Despite the advances introduced, Law No. 98-25, by amending multiple provisions of Law No. 225-20, presents significant practical challenges. These include increased financial burdens on companies resulting from the Special Contribution incorporated into Article 36 of Law No. 225-20, as amended by Law No. 98-25, as well as the costs associated with complying with the revised Extended Producer Responsibility regime; a higher administrative and regulatory burden due to new registration, certification, and planning requirements; and the need to make operational and technical adjustments to products, processes, and supply chains, particularly in relation to single-use plastics. In addition, although the revised compliance deadlines are progressive, they may be demanding for certain sectors and municipalities with limited technical or financial capacity.
At Alburquerque Abogados, we support our clients in conducting a specific analysis of the impact of this regulation on their activities, as well as in the design and implementation of legal and operational strategies that enable them to comply with current regulations, minimize risks, and efficiently take advantage of the opportunities offered by the new comprehensive waste management model.
When did the new Criminal Procedure Code enter into force?
The new Criminal Procedure Code of the Dominican Republic entered into force on Tuesday, December 9, 2025, in the National District, and on Wednesday, December 10 of the same year in the rest of the country, following the enactment of Law No. 97-25 on Sunday, December 7, 2025. This new legislation fully replaces the previous procedural framework established by Law No. 76-02.
Its implementation introduces significant changes to the structure and operation of criminal proceedings, redefining the rules governing investigation, adjudication, and the participation of the parties, all under the principle of constitutional and conventional supremacy, in accordance with Article 1 of the Criminal Procedure Code.
As of its entry into force, judges, prosecutors, defense attorneys, victims, and defendants are now governed by a new legal framework that imposes higher technical and procedural standards, in line with the principles of legality, due process, and effective judicial protection established in Articles 3, 7, and 8 of Law No. 97-25.
What does this new Criminal Procedure Code entail?
The new Criminal Procedure Code maintains pre-existing procedural mechanisms within the Dominican criminal justice system, such as discretionary prosecution criteria, conciliation, and other alternative dispute resolution mechanisms, as provided for in Articles 35, 38, and 40 of the Code. These mechanisms remain applicable primarily to offenses punishable by a maximum sentence not exceeding five (5) years of imprisonment, as established by the law.
However, their scope has been redefined through more precise and objective limits, excluding their application when there is serious harm to the public interest, when the offense is of particular seriousness or complexity, when public officials are involved in the exercise of their duties, or when the social or economic impact of the offense is significant, in accordance with the criteria set forth in Article 35, paragraph 1, items (a), (b), and (c) of Law No. 97-25.
Positive aspects of the new Criminal Procedure Code
Among the most significant advances of the new Code is a clearer delineation of the functions of the Public Prosecutor’s Office and the judge, reaffirming the principle of separation of procedural functions expressly enshrined in Article 22. This redesign strengthens the judge’s role as a guarantor of rights and limits any deviation toward prosecutorial functions.
Judicial oversight is also reinforced throughout all stages of the proceedings, ensuring that judicial decisions are duly reasoned as required by Article 24, while higher technical standards are established for the collection, admission, and evaluation of evidence, in strict adherence to the principle of evidentiary legality set forth in Article 26.
This new regulatory framework seeks to reduce discretion, organize the conduct of the parties, and provide greater predictability to criminal proceedings, within a system that prioritizes procedural efficiency and respect for reasonable timeframes, in accordance with Article 8 of the Criminal Procedure Code.
Critical aspects and challenges of the new procedural regime
Despite its advances, the new Criminal Procedure Code presents significant challenges in its practical application. Increased procedural rigor and strengthened judicial guarantees may result in longer and more technically complex proceedings, with higher evidentiary burdens for the prosecution, in accordance with the presumption of innocence established in Article 14.
Likewise, restrictions on the use of alternative dispute resolution mechanisms for certain offenses, pursuant to the limits set forth in Article 35, increase litigation and heighten the personal, reputational, and financial impact of criminal proceedings for both individuals and legal entities.
The impact of the new Criminal Procedure Code on organizations and compliance
The new Criminal Procedure Code compels public and private organizations to reassess their approach to criminal risk, within a framework where criminal prosecution is governed by the principle of mandatory public action, pursuant to Article 30 of Law No. 97-25.
In this context, compliance ceases to be a merely formal practice and becomes an essential preventive tool, aimed at avoiding criminal liability, ensuring traceability of internal decisions, and responding appropriately to investigations led by the Public Prosecutor’s Office, within a criminal process characterized by greater judicial oversight and lower tolerance for structural deficiencies.
A new configuration of Dominican criminal proceedings
The new Criminal Procedure Code is not merely a legislative update; it redefines the balance between the effectiveness of criminal prosecution and the protection of fundamental rights, in accordance with the principles of human dignity, procedural equality, and the right to defense recognized in Articles 10, 12, and 18 of the Code.
Dominican criminal proceedings thus enter a new phase in which crime prevention, proper documentation of actions, and the reasoning behind every decision become central elements within a more robust and specialized judicial system, aligned with international cooperation mechanisms, pursuant to the framework of jurisdiction and competence established in Article 57 et seq. of Law No. 97-25.
At Alburquerque Abogados Consultores, we understand that the proper understanding and application of the new Criminal Procedure Code is essential to operate with legal certainty in the current environment. This new legal framework requires anticipation, specialized legal counsel, and a strategic vision of criminal proceedings, conceived not only as a litigation arena but also as a space where prevention and effective legal risk management are decisive.
We are delighted to share that The Legal 500 has once again highlighted Alburquerque Abogados – Consultores for its strong performance in the areas of Corporate and M&A, Dispute Resolution, Real Estate and Tourism, and Tax.
This achievement showcases the strength of our practice, the trust our clients place in us, and our team’s unwavering dedication to legal excellence and innovation across all areas of service.
At Alburquerque, we are committed to developing legal strategies that drive our clients’ growth and contribute to the advancement of the Dominican Republic’s business sector.