Who can buy: what foreigners may and may not own in the Philippines
The short answer first: a foreigner cannot acquire Philippine land in their own name, and what they mainly buy is a condominium. Article XII, Section 7 of the 1987 Constitution provides that, except by hereditary succession, private lands may only be transferred to those qualified to acquire or hold lands of the public domain.
Condominiums have their own rule. Section 5 of the Condominium Act (RA 4726) provides that where the common areas are co-owned by unit owners, a unit may not be transferred to anyone other than Filipino citizens or corporations at least 60% Filipino-owned, except by inheritance; where a condominium corporation holds the common areas, a transfer is valid only if the accompanying membership or shares would not push foreign interest in that corporation beyond the legal limit. In practice that becomes 1 line: foreign ownership in a single condominium project is capped at 40%. Confirm the building still has room before signing.
Beyond condominiums there are 3 other recognised routes: owning the house or building itself without the land, leasing land long term (typically up to about 50 years, renewable for a further 25), and registering land in a Filipino spouse's name. A local company holding land must be a 60/40 structure, and using a nominee violates the Anti-Dummy Law. The four routes are set out in what foreigners can buy in the Philippines.
One expectation to set straight: buying does not grant residency. Staying long term is a visa question; see does buying property give residency.
Does the building still have foreign allocation, and does the title include land? → Have Yixing confirm whether you can buy before you discuss signing
The purchase process: six steps from due diligence to title transfer
The order is fixed, and a missing stop blocks the next one. The usual result of getting it wrong is money paid with no title to show for it.
- Step 1, due diligence. Before any money moves, obtain a certified true copy (CTC) of the title from the Registry of Deeds yourself and check 3 things: that the registered owner matches the seller's ID, that the area and unit number match the contract, and whether the annotations show a mortgage, levy, adverse claim or registered sale contract. For pre-selling units, check the developer's licence to sell (PD 957 Section 5) and the broker's licence (RA 9646 Section 29).
- Step 2, reservation. A reservation holds the unit and the price terms but transfers nothing; whether it is refundable depends on the agreement.
- Step 3, contract and notarisation. Pre-selling and instalment purchases usually use a Contract to Sell, followed by a Deed of Absolute Sale once fully paid. Only a notarised deed is accepted by the BIR and the Registry of Deeds. See Contract to Sell vs Deed of Absolute Sale.
- Step 4, payment or financing, with every payment tied to a document you can verify; section 6 explains how.
- Step 5, taxes at the BIR Revenue District Office covering the property, to obtain the eCAR. You first get an approved ONETT Computation Sheet, then apply for the eCAR with the returns, proof of payment and the transfer document. Section 58(E) of the Tax Code is the reason: the registry may not register a transfer until the BIR has certified that it was reported and the tax paid.
- Step 6, the transfer itself, in three stops. Pay the transfer tax and obtain a real property tax clearance from the local treasurer — Section 209(b) of RA 7160 lets the registry refuse registration without one. Then the Registry of Deeds cancels the old title and issues a new one. Finally the assessor issues a new tax declaration; Section 208 of RA 7160 requires notice to the assessor within 60 days of transfer.
Only after all 6 is the transfer complete; turnover gives possession, not ownership. The documents and official sources for each stop are in the step-by-step buying process.
Philippines property purchase costs: the one-time, holding and resale blocks
Split them by when they fall due: one-time, annual holding, and resale. This section covers what each block is made of, who bears it and at which stop it is paid. No amounts and no rates appear here — rates and the tax base follow the BIR, the local government and current tax law.
Block 1, one-time costs from reservation to new title, roughly 7 items: the price itself, including reservation and down payment; national taxes on the sale, paid at the BIR stop; the local transfer tax, paid at the treasurer; registration fees at the Registry of Deeds, which the LRA's fee estimator can approximate in advance; notarisation of the deed; the broker's commission; and incidentals such as certified copies, authentication, translation and a power of attorney.
Who bears them is a separate question. The law names the taxpayer — the transfer tax, for instance, falls on the seller and is due within 60 days of the deed — but who actually pays is frequently set in the contract. So allocate every tax and fee line by line before signing.
Block 2, holding costs, mainly 4 items: annual real property tax, association dues and parking, insurance, and property management if you live abroad. One timing rule: PD 957 Section 26 provides that until title passes the developer pays real estate tax without recourse to the buyer. See what you pay every year after buying.
Block 3, resale costs: the seller's national and local taxes, commission, and clearing any unpaid property tax and dues.
Why nobody can quote one number: the tax base itself moves. Section 18(a)(3) of RA 12001 has the Commissioner use the schedule of market values or the actual selling price, whichever is higher, and Section 29 provides that until those schedules are updated the highest of the existing schedule, the zonal value or the actual price applies. Add locally set rate ceilings, the asset's classification and the contractual allocation, and a generic quote cannot exist. Ask for an itemised computation against a specific unit under current law.
How long it takes: pre-selling and ready units run on different clocks
There is no published official timeline from signing to new title, but 2 kinds of timing are knowable: statutory deadlines, and the very different rhythms of ready and pre-selling units.
The statutory deadlines are hard, and missing one stalls the eCAR, the registration and the tax declaration together: the income-type tax on the sale within 30 days of the sale; documentary stamp tax within 5 days after the close of the month the deed was signed; local transfer tax within 60 days of the deed; the notary sending the treasurer a copy within 30 days of notarisation; and notice to the assessor within 60 days of transfer. Laying those 5 dates on one page is more useful than asking how many months it takes.
Then the registry end. The LRA states that an electronic title (PHILARIS) requested at the local registry can be claimed after 1 working day and a manual title after 3 working days; eSerbisyo door delivery takes 3 to 5 working days in Metro Manila and 5 to 7 elsewhere, with manual titles possibly needing another 5 to 7.
Ready and resale units stall almost entirely on paperwork — no TIN, an unnotarised deed, a missing certified tax declaration, or documents signed abroad without authentication will each send you back.
Pre-selling runs on another clock. You pay under the Contract to Sell schedule, and turnover and transfer are separate events. PD 957 Section 25 requires the developer to deliver the title once the buyer has paid in full, without charging for issuance beyond registration costs, and to redeem any remaining mortgage within 6 months of delivery. So it depends on the payment schedule and the developer's follow-through; holding the keys while the title sits in the developer's name is common.
Document checklist: before signing, at the tax stop, at the transfer
Prepare by 3 moments.
Before signing, for due diligence: a certified true copy of the title, requested at the registry where the property is, at any computerised registry through Anywhere-to-Anywhere, or online through the LRA eSerbisyo portal, using a letter request or Transaction Application Form, a title photocopy and an ID; a certified copy of the latest tax declaration from the assessor; the seller's real property tax receipts; the developer's licence to sell and the broker's licence; and your own TIN — the first item on the BIR checklist is both parties' TINs on a TIN Verification Slip, and without it no computation can be issued.
At the BIR stop: both parties' TINs, the notarised deed, a certified copy of the tax declaration, a certified copy of the title, and the seller's invoice or official receipt; where a representative transacts, the special power of attorney; a PSA-certified marriage certificate where the transferor is married; and a board resolution where the seller is a corporation.
Signing from abroad adds a step. The BIR checklist requires a deed or power of attorney executed abroad to carry a Philippine consular certification or an apostille, while the LRA FAQ refers to authentication by the nearest Philippine consulate. Because the wording differs, confirm with the receiving RDO and registry which each accepts before filing.
At the registry: the original deed, a certified copy of the latest tax declaration and the owner's duplicate title, plus the BIR CAR, the tax clearance and proof of transfer tax payment; later transfers of a condominium title also need a Certificate of Management. PD 1529 Section 53 requires the owner's duplicate with any voluntary instrument.
Three places buyers fall through: title checks, contract type, payment route
All 3 happen around payment, and all 3 are avoidable by self-checking.
One: relying on the seller's photocopy of the title. A photocopy proves nothing; pull the registry's certified copy yourself and read the annotations. PD 1529 Section 51 makes registration the operative act as to third persons, and Section 52 makes a registered instrument constructive notice from the time of registration. Two more checks people skip: whether anyone is occupying the property, and how much foreign allocation the project has left.
Two: mistaking the contract type. A Contract to Sell is conditional and ownership does not pass until the price is paid in full; a Deed of Absolute Sale transfers ownership once signed and delivered. Instalment buyers of residential property are additionally protected by RA 6552, the Maceda Law. One point routinely missed: PD 957 Section 17 requires the seller to register the contract with the registry where the property is, whether or not the price is fully paid, so pulling a CTC yourself later to look for that annotation is the cheapest self-check available.
Three: a payment route that is not tied to documents. Ask 3 questions before every payment: is the payee the registered owner or the licensed developer, who issues the official receipt or invoice, and who bears this tax under the contract? On a full-payment purchase, final payment, signing and notarisation of the deed, and handover of the owner's duplicate title should happen together, and you should not pay in full before you hold the notarised deed and the original title. Where a pre-selling project is mortgaged, PD 957 Section 18 lets the buyer pay instalments directly to the mortgagee.
This is a general description of the process. Documents, rates and deadlines follow current BIR, LRA and local government publications, and nothing here is legal or tax advice; consult a licensed lawyer and a tax professional on your case. Yixing handles the practical part: running the checklist on a property, sequencing signing and payment, and turning the documents and statutory deadlines into one timeline. We do not promise outcomes.
Annotations you cannot read, a contract you cannot classify, and a payment you are unsure about? → Have Yixing turn due diligence, signing and transfer into one dated checklist
Frequently Asked Questions
What are the conditions for buying property in the Philippines, and can foreigners buy?
What is the process for buying property in the Philippines?
What cost blocks are involved in buying property in the Philippines?
How long does a title transfer take?
What documents do I need to buy?
What is the difference between a CTS and a DOAS?
Does buying property give me residency?
Let’s talk through your situation — free
Every company is different. Leave your details and a Chinese-speaking advisor will get back within 1 business day with practical, industry-specific guidance and a transparent quote.
Get help with Settling In → Free consultation
