Quick Answer
Boracay property transactions are governed by the Philippine Condominium Act (RA 4726), the Maceda Law (RA 6552), and BIATF regulations. Foreign buyers receive a CCT for condominiums. All titles must be verified at the Registry of Deeds. BIATF compliance is mandatory for all developments.
Key Legal Concepts & Terminology
Primary title document for land ownership in the Philippines. Registered with the Registry of Deeds.
Title document for condominium unit ownership. Equivalent to TCT for condo units.
Government body regulating all development and operations on Boracay Island.
Issues License to Sell for new property developments. Verify before buying pre-selling.
Governs condominium ownership. Establishes 40% foreign ownership cap per building.
Protects buyers on installment payments. Provides grace periods and refund rights.
1.5% of purchase price. Paid by buyer at BIR upon execution of Deed of Sale.
BIR document required for title transfer. Issued after DST and CGT payment.
TCT vs. CCT — Understanding Philippine Property Titles
The Philippines uses two primary title documents for property ownership. A Transfer Certificate of Title (TCT) is issued for land ownership and is the most fundamental proof of land ownership in the Philippines. A Condominium Certificate of Title (CCT) is issued for condominium unit ownership under the Philippine Condominium Act.
For foreign buyers purchasing condominium units in Boracay, you will receive a CCT in your name. The CCT is registered with the Registry of Deeds and carries the same legal weight as a TCT. It specifies the unit number, floor area, and your ownership interest in the common areas of the condominium corporation.
Before purchasing any property in Boracay, BORACAYNAVI conducts a title search at the Registry of Deeds to verify: (1) the title is clean and free of encumbrances; (2) there are no adverse claims or lis pendens; (3) the seller is the registered owner; and (4) the property is not subject to any government acquisition or expropriation.
BIATF Regulations & Compliance
The BIATF was established by Executive Order No. 53 (2018) following the closure and rehabilitation of Boracay Island. It is composed of representatives from DENR, DILG, DOT, DPWH, and other government agencies, and has broad authority to regulate all activities on the island.
Key BIATF regulations affecting property buyers include: height restrictions (typically 2–3 floors maximum in most zones, with exceptions for approved resort developments); setback requirements (25 meters from the mean high water mark for all structures); density limits; environmental compliance requirements; and operational standards for businesses.
All new developments must obtain BIATF clearance before construction. Existing developments must maintain ongoing BIATF compliance. BORACAYNAVI verifies BIATF compliance status for all listed properties as part of our standard due diligence process.
Due Diligence 10-Point Checklist
Title Verification
Verify TCT/CCT at Registry of Deeds. Check for encumbrances, liens, adverse claims, and lis pendens.
BIATF Compliance
Confirm the development has obtained all required BIATF clearances and is operating in compliance.
DHSUD License to Sell
For pre-selling developments, verify the developer has a valid DHSUD License to Sell.
Foreign Ownership Ratio
For condominiums, verify the current foreign ownership ratio is below 40%.
Tax Clearance
Verify the property has no outstanding real property tax obligations.
Foreshore Easement
For beachfront properties, verify the structure is set back at least 25 meters from the mean high water mark.
Condominium Corporation
Review the condominium corporation's financial statements, meeting minutes, and house rules.
Developer Track Record
For pre-selling, research the developer's track record of completing and delivering projects.
Physical Inspection
Inspect the unit and common areas. Check for structural issues, water damage, and maintenance standards.
Legal Review
Have a Philippine real estate attorney review all contracts before signing.
Frequently Asked Questions — Legal Guide
A TCT (Transfer Certificate of Title) is issued for land ownership. A CCT (Condominium Certificate of Title) is issued for condominium unit ownership. For Boracay condominium buyers, you will receive a CCT. Both are registered with the Registry of Deeds and carry equal legal weight as proof of ownership.
The BIATF (Boracay Inter-Agency Task Force) was established following the island's 2018 rehabilitation to regulate development and operations. It controls building heights, setbacks, density, environmental compliance, and business operations. All property developments and businesses must obtain BIATF clearance. Non-compliant properties risk closure orders.
The Maceda Law (RA 6552) protects buyers of real estate on installment payments. Key protections include: the right to a grace period of 1 month per year of installments paid before cancellation; the right to a refund of 50% of total payments made (increasing to 90% after 5 years) if the contract is cancelled; and the right to assign the contract to a third party.
The Philippine Condominium Act (RA 4726) governs condominium ownership in the Philippines. It establishes the legal framework for condominium corporations, master deeds, and unit ownership. Key provisions relevant to foreign buyers include the 40% foreign ownership cap per building and the rights and obligations of unit owners within a condominium corporation.
Philippine law requires a 25-meter easement from the mean high water mark along all coastlines. No permanent structures can be built within this zone. In Boracay, this means that properties marketed as "beachfront" must be set back at least 25 meters from the shoreline. BORACAYNAVI verifies easement compliance for all beachfront listings.
Essential due diligence includes: (1) title verification at the Registry of Deeds (check for encumbrances, liens, adverse claims); (2) BIATF compliance verification; (3) DHSUD License to Sell verification for new developments; (4) tax clearance verification; (5) foreign ownership ratio check for condominiums; (6) physical inspection; and (7) review of condominium corporation documents.
Written by the BORACAYNAVI Editorial Team · Reviewed by: Licensed Philippine Real Estate Broker · Last updated: January 2026 · This guide is for informational purposes only and does not constitute legal advice.