Home Property in Philippines
How to buy a house in Philippines?
Here you will find the detailed information about real estate purchasing in Philippines:
- the right way to choose the property and to effect the deal;
- property taxes and duties that should be paid;
- everything about home loans in Philippines;
- home property management and renting;
- rental, commercial properties and related investment properties.
Real estate for sale
Most recent offers from house owners in Philippines and from real estate agencies. Advertisements with the fixed price and auctions are listed here.
You can leave a comment and give advice to other visitors planning to buy a home in Philippines.
Foreigners are entitled to purchase housing in the Philippines, but cannot own land. Thus, having purchased a house, foreigner does not become the owner of the attached land. It can only be leased for a period of 50 years, which can be extended for another 25 years.
In case a foreigner is keen to acquire land after all, there are several possible ways to do that. The first is marriage to a citizen of the Philippines, which allows land ownership under the Philippine name. However, in case of spouse’s death or divorce, land cannot be transferred to a foreigner. The second possibility to purchase land is through a legal entity. Such company must have no more than 40 % of foreign capital share.
The maximum area of purchased housing is one thousand sq. m. in a city, and one hectare in rural localities.
When purchasing a new piece of real estate in the Philippines, it is crucial to employ the services of reputed developers and certified real estate agencies. This advice is particularly relevant in case property you are planning to buy is yet under construction.
Real estate acquisition generally requires a simple agreement. After property has been selected and inspected, and all the documents have been reviewed, buyer has to sign a notarized sale and purchase agreement. Another advantage of hiring a reputed real estate agency is that they not only provide all necessary information related to any required transactions, but also assist in getting a mortgage loan.
Condominium apartment purchase
Apartment vendees receive a title certificate after full property value has been paid. The deposit usually makes up 10–30 % of total value. Foreigners cannot own over 40 % of apartments in a building.
A so called Special Resident Retiree’s Visa (SRRV – a document issued to foreigners, who are willing to invest in the country’s economy) provides some additional advantages apart from authorization to purchase housing or lease land. The owners of SRRV may also become permanent residents of the Philippines with a multiple entry visa. In order to receive the SRRV, a foreigner has to invest over $50 000 in the economy of the Philippines. Investors must be 35 years and older.
The process of land purchase in the Philippines is tedious and time-consuming. Apart from restrictions placed on foreigners, land registration and classification systems will certainly make any investor think twice. The farther from the capital, the more precautions need to be taken.
Then again, difficulties with land purchase can also be encountered in the national capital region. There are eleven laws in the Philippines that are directly related to land registration, and another nine governing land disposition and management. The Department of Environment and National Resources, the Land Management Bureau and several other agencies exercise direct and indirect control over land ownership. Moreover, Philippine courts are also authorized to decide on land assignment.
Transfer of ownership
1. Seller and buyer agree upon property sale. Lawyer drafts and notarizes the Deed of Absolute Sale (DOAS).
2. Real estate tax declaration is certified at the Bureau of Internal Revenue (BIR) and submitted to the municipal tax office.
3. Buyer pays real estate tax to the city treasurer’s department.
4. Local tax office evaluates market value of property.
5. Buyer pays capital transfer tax to the local tax office.
6. VAT and stamp duty are paid to the Bureau of Internal Revenue.
7. Registration Department cancels the previous title and issues a new one in the buyer’s name.
8. Henceforth, buyer becomes a new property owner, receives a copy of title certificate, and requests tax declaration from the local tax office.
In order to register new property title, buyer has to submit the Transfer Certificate of Title (when purchasing a detached house or uncultivated land) and the Land Registration Act at the Registration Department. Deeds are to be registered in the region of property location. However, the records are highly inaccurate, while the number of mistakes and duplicates keeps growing. Land census authorized by the Public Land Act back in 1903 is far from complete.
The whole registration process consisting of eight steps can take more than a month.
Local transfer tax is charged by municipal government and makes up 0.5–0.75 %, depending on transaction amount, property remoteness from the capital, and actual market value, which is usually higher than the assessed value.
Legal counsel fees are negotiable – either around 20 000 Philippine pesos or 10 % of property value.
Capital gains tax amounts to 6 % of property total price or actual market value, whichever is higher. This tax is in fact a local transaction tax, which depends on property remoteness from the capital, and may be covered by either buyer or seller. In some cases, one party pays all the taxes and duties, which reflects on deal value.
Real estate agency fee makes up 3–5 % of transaction amount.
Stamp duty amounts to either 15 Philippine pesos ($0.30) for every thousand pesos ($20) of deal value prior to stamp duty payment or 1.5 % of transaction amount.