Yes, he can buy a condo. Foreigners are allowed to buy the 40% share of the entire condominium project.

No need for a business visa also.

Permits are only applicable to filipinos who owns townhouses and apartments for business. Condo and houses do not fall into that category since it’s a residential dwelling.

Thank you.

Lea

Can a foreigner own a Condo if he has just a tourist visa? 21 day entry renew every 2 months

Also if he bought several Condos and rented some of them out
would he have to have a business visa?

many thanks

graham….

I have here 2 storey house, 5 bedrooms, with parking area and have a nice and friendly neighborhood. But the House is for Sale with clean Title.

I would like to share with you and the rest of the group the Law governing Land Ownership in the Philippines. This is very long but please bear with me. People would come up to others and say yes , there’s a way for a foreigner to own land in the Philippines. I am hoping that through this, everyone will be guided accordingly, to avoid trouble in the future. Please be aware also that some lawyers and judges have failed the Real Estate Licensure Exam. Therefore, there is a possibility that not all lawyers know the Real Estate Law here.

WHO CAN OWN LANDS IN THE PHILIPPINES:

Only Philippine Nationals can own land in the Philippines.

WHO ARE CONSIDERED PHILIPPINE NATIONALS (R.A. 8179)

1)Filipino Citizens

2)Corporation Organized under Philippine Laws, 60% of the capital stock outstanding and entitled to vote is owned and held by Philippine citizens;

3)Corporation organized abroad and registered as doing business in the Philippines under the Corporation Code, 100% of the capital stock outstanding and entitled to vote is wholly owned by Philippine citizens;

4)Domestic Partnership wholly owned by Philippine citizens;

WHO ARE CONSIDERED FILIPINO CITIZENS (Art. IV, Sec. 1 1987 Constitution)

1)Those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution;

2)Those whose fathers or mothers are citizens of the Philippines;

3)Those born before January 17, 1973 , of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and

4)Those born in the Philippines of foreign parents who before the adoption of said Constitution had been elected to public office in the Philippines.

REASON WHY THERE IS A NEED TO ELECT PHILIPPINE CITIZENSHIP WITH REGARD TO THOSE BORN BEFORE JANUARY 17, 1973 OF FILIPINO MOTHERS:

Under the 1935 Constitution, a child born is considered a Filipino citizen only if his Father is a Filipino Citizen. If born of a Filipino mother but an alien father, the child has to elect Philippine Citizenship upon reaching the age of majority, (which at that time was set at 21 years old.)

EXCEPTION TO THE RULE THAT ALIENS CANNOT OWN LANDS IN THE PHILIPPINES:

ALIENS may own lands in the Philippines only under the following circumstances:

A) Former Natural born Filipino citizens.

LIMITATIONS TO OWNERSHIP AS PROVIDED BY BP BLG. 185:

1)The land shall be used by him/her as residence; and

2)The area shall not exceed 1000 square meters if an urban land or 1 hectare if a rural land;

3)If the former natural born Filipino citizens already owns urban or rural land for residential purposes, he may still be entitled to be a transferee of additional urban or rural land, provided that the total land area owned by him will not exceed the allowed maximum limit.

4)In case of married couples, one of them may avail of the privilege herein granted provided, that if both shall avail of the same, the total acquired shall not exceed the maximum area fixed herein;

5)He/she cannot acquire more than two (2) lots;

6)If he/she acquires two lots, the same must be situated in different municipalities or cities;

7)If he/she has already acquired urban land, he/she shall be disqualified from acquiring rural land, and vice versa.

LIMITATIONS TO OWNERSHIP AS PROVIDED BY R.A. NO. 8179:

Land acquired under this act shall be primarily, directly and actually used by the transferee in the performance or conduct of his business or commercial activities in the broad areas of agriculture, industry, and services, including the lease of land, but excluding the buying and selling thereof. (Section 5 , Rule XII of RA 7042, as amended by 8179).

The area shall not exceed 5,000 square meters if an urban land or 3 hectares if a rural land.

In case he/she already owns urban or rural lands for business or other purposes, he/she shall still be entitled to be a transferee of additional urban or rural land for business or other purposes which when added to those already owned shall not exceed the maximum areas allowed.

In case of married couples, one of them may avail of the privilege herein granted provided that, if both shall avail of the same, the total area acquired shall not exceed the maximum area fixed herein.

A transferee who has already acquired urban land shall be disqualified from acquiring rural land and vice versa. However, if the transferee has disposed of his urban land, he may still acquire rural land and vice versa provided that this will be used for business or other purposes.

B) If the foreigner acquired the same through succession as one of the legal heirs of the deceased:

C) Dual citizenship under the Dual Citizenship Law (RA 9225 effective on Sept. 17, 2003). Filipinos who had lost their Philippine citizenship by acquisition of citizenship of another country may reacquire their citizenship under this law without renouncing their foreign citizenship. This reacquisition of Filipino citizenship shall grant full civil and political rights to the Filipino dual citizen, including the right to own private lands and properties in the
Philippines, without limitation other than those normally imposed on Filipino citizens.

D) Foreigners can acquire condominiums but up to a certain extent only;

E) Lands acquired by Americans prior to July 4, 1946 (vested rights)

F) Lands acquired by Americans before July 3, 1974 provided the following requisites are present:

1) They are formerly Filipino Citizens OR who on May 27, 1976 had continuously resided in the Phils. for at least 20 years OR have become permanent residents of the Philippines; and

2) Had acquired private residential lands not exceeding 5,000 square meters for a family dwelling (P.D. No. 173)

Thank you and God bless. Merry Christmas!

Lea