This article is intended as a guide for foreigners who wish to buy real estate in the Philippine
Can foreigners own real estate in the Philippines?
Under certain circumstances, foreigners are able to own property in the Philippines, though they are not permitted to own land.
Condominiums
Foreigners can buy condominiums, as long as at least 60 per cent of the whole complex is held by Filipinos. A down payment of between 10 per cent and 30 per cent is usually required, and ownership is evidenced with a Condominium Certificate of Title.
Houses
Foreigners can own a house, but are not permitted to own the land on which the house is built. However, they can lease the land for a period of up to 50 years, and renew the lease for another 25 years.
"Leasehold rights acquired under long-term lease contracts may be sold, transferred or assigned," says Jones Lang LaSalle's Philippines Property Investment Guide 2015.
Land
Foreigners can own land if they are married to a Filipino citizen, although there have been attempts to change this law. In the situation where a foreigner is buying land with their Filipino spouse, the Filipino citizen will hold the land title. The maximum area of land that can be acquired for residential purposes is 1,000sqm in urban areas, or one hectare in rural areas. Evidence of ownership of land is demonstrated with a Transfer Certificate of Title.
"Foreigners are not permitted to own land in the Philippines, except in cases of hereditary succession," according to the JLL report. Foreigners are able to inherit land. If a foreigner is married to a Filipino citizen, if the Filipino dies, the foreigner can inherit the land. The same rule applies to children, if they are the heir.
Foreigners can also acquire land through a corporation, although the corporation can be only a maximum of 40% foreign-owned.
The system of land registration and classification in the Philippines is relatively complicated, particularly in remote regions.
Major property legislation
1987 Constitution Public Land Act (C.A. 141), as amended
Property Registration Decree (P.D. 1529), as amended
Urban Development and Housing Act (R.A. 7279)
Land Ownership by Filipinos Overseas (B.P. 185)
Investors’ Lease Act (R.A. 7652)
Local Government Code (R.A. 9640)
Special Economic Zone Act (R.A. 7916), amended by R.A. 8748
Condominium and Lot Buyers Protective Act (P.D. 957)
National Internal Revenue Code (NIRC) of the Philippines (P.D. 1158), amended by R.A. 8424, R.A. 7716, R.A. 9337, R.A. 9361, R.A. 9504, and R.A. 9648
National Building Code (P.D. 1096) Regional Headquarters Act (R.A. 8756), amending the Omnibus Investment Code (E.O. 226)
The Subdivision Development Act (P.D. 1216)
Retail Trade Liberalization Act (R.A. 8762)
Urban Land Reform (P.D. 1517)
Rental Reform Act (R.A. 9161)
Rent Control Act of 2009 (R.A. 9653)
Special Purpose Vehicle Act (R.A. 9182)
Condominium Act (R.A. 4726), amended by R.A. 7899
Land Use Ordinance
Comprehensive Agrarian Reform Program (R.A. 6657), as amended by R.A. 9700
Zoning Ordinance
Foreign Investments Act (R.A. 7042), amended by R.A. 8179
Real Estate Investment Trust (REIT) Act of 2009 (R.A. 9856)
Realty Installment Buyer Protection Act (R.A. 6552)
Indigenous Peoples’ Rights Act (R.A. 8371)
Intellectual Property Code (R.A. 8293), as amended by R.A. 9502
Before buying, the Housing and Land Use Regulatory Board (HLURB) advises potential buyers to check if the project has a Certificate of Registration and License to Sell issued by HLURB. This can be verified at the HLURB website.
Source
Housing and Land Use Regulatory Board
Jones Lang Lasalle Philippines Investment Property Guide 2015
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Philippines real estate glossary