How to Check If a Philippine Condo Is Still Open to Foreign Buyers (40% Cap)
Ask the condominium corporation or developer, in writing, for the project’s current foreign-ownership percentage before you pay any reservation fee. Under the Condominium Act (RA 4726), where the common areas are held by a condominium corporation, foreign ownership cannot exceed 40 percent, and in Hulst v. PR Builders (2008) the Supreme Court held that sales pushing a project past the cap are void. Foreigners cannot own land, which is why condo units are the usual route. See also Can a foreigner buy a condo in the Philippines? Updated October 13, 2026.
Five steps before you reserve
- Request the current foreign-ownership ratio from the developer (new units) or the condominium corporation (resales), in writing and dated.
- Confirm the structure. Most projects use a condominium corporation, which is what triggers the 40 percent rule.
- Check the title type on a resale: a Condominium Certificate of Title, not a land title.
- Have a Philippine real estate lawyer review the contract to sell before you pay a deposit, especially in a project near the cap.
- Avoid nominee arrangements that put the title in a Filipino’s name. They can be unenforceable and may run into anti-dummy rules.
For the numbers after you buy, see the monthly payment worked example and loans for foreigners.
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Sources: NDV Law (foreign ownership of condominium units); REN.ph Condominium Act essentials; Batas Natin (Constitution Art. XII Sec. 7 and the condominium exception); Pueblo de Oro. This is general information, not legal advice. Current as of October 2026.
Frequently asked questions
What happens if a condo project already has 40 percent foreign owners?
A further sale to a foreigner that exceeds the cap is void under the Supreme Court’s ruling in Hulst v. PR Builders. You would need a different project or a different ownership route reviewed by counsel.
Can a foreigner buy land in the Philippines?
Generally no. Foreign nationals are prohibited from owning land, which is why condominium units are the usual route.
Who do I ask for the foreign-ownership percentage?
The developer for new units, or the condominium corporation for resales. Get the answer in writing.
