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Station 2, Balabag, Boracay Island
Aklan, Philippines 5608

Boracay property legal process

Investment Guide 2026

The Legal Process
Step by Step

01

Complete Purchase Process

01
KEY STEP

Title Search & Verification

3–7 days

Verify the Certificate of Title (CCT for condos, TCT for land) at the Registry of Deeds in Kalibo, Aklan. Confirm the property is free from encumbrances, liens, mortgages, adverse claims, and court orders. BORACAYNAVI conducts this verification on every property we present.

02
KEY STEP

Zoning & Compliance Check

3–5 days

Verify the property complies with the Boracay Island Zoning Ordinance, DENR Environmental Compliance requirements, and TIEZA tourism zone regulations. Confirm there are no pending violations or stop-work orders.

03

Contract to Sell

1–2 days to sign

A preliminary agreement between buyer and seller, signed before a notary public, outlining the purchase price, payment schedule, conditions precedent, and penalties for breach. Typically accompanied by a 10–30% earnest money deposit.

04

Absolute Deed of Sale

1 day

The primary legal document transferring ownership, signed by both parties before a notary public once all contract conditions are met and the balance is paid. This document is the basis for title transfer.

05
KEY STEP

BIR: Capital Gains Tax & DST Payment

1–4 weeks

The seller pays Capital Gains Tax (6%) and both parties pay Documentary Stamp Tax (1.5% — typically buyer) at the Bureau of Internal Revenue. A BIR Certificate Authorising Registration (CAR) is issued after payment.

06

Transfer Tax Payment at City/Municipal Hall

1–3 days

Transfer Tax (0.5–0.75% of the sale price) is paid to the local government unit (Municipality of Malay). A Tax Clearance Certificate is issued.

07
KEY STEP

Registry of Deeds: Title Transfer

2–6 weeks

The new Certificate of Title (CCT or TCT) is registered in the buyer's name at the Registry of Deeds. This is the final step — upon registration, the buyer has full legal title.

Total timeline: A typical Boracay property transaction takes 6–12 weeks from signed Contract to Sell to new title registration. Remote purchases (via Special Power of Attorney) follow the same process and timeline.

02

Full Cost Breakdown

FeeRateWho PaysNotes
Capital Gains Tax6%SellerOn sale price or zonal value, whichever is higher
Documentary Stamp Tax1.5%Buyer (typically)May be negotiated between buyer and seller
Transfer Tax0.5–0.75%BuyerPaid to Municipality of Malay
Registration Fee~0.25%BuyerCalculated on property value per BIR schedule
Notarial Fees₱5K–₱30KBuyer/Seller sharedFor Deed of Sale and other documents
Legal/Attorney Fees₱30K–₱100KBuyerFor due diligence, document review, and registration
Total buyer-side cost estimate~3–5% of purchase price

Full Support

BORACAYNAVI guides every step

From title search through Registry of Deeds registration — we manage the full process so you don't have to navigate Philippine bureaucracy alone.

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