March 3, 2017 in Real Estate |

How to Effectively Resolve Zoning Disputes

Zoning issues can present significant roadblocks for real estate developers and owners of existing commercial properties seeking to make updates or modifications. Navigating the Dominican Republic’s laws and regulations can be a challenge, and resolving zoning disputes requires a thorough understanding of the law as well as the different resolution methods that are available.

Common Examples of Zoning Disputes

Zoning disputes can arise under a wide range of circumstances. From governmental action to challenges asserted by neighboring property owners, zoning disputes in the Dominican Republic frequently involve issues such as:

  • Environmental and land use considerations
  • Limitations on building height
  • Protections for residential areas
  • Setback requirements (the distance between a structure and a public road or property line)
  • Sign construction

Easements, variances, property tax assessments and other issues can be fertile ground for disputes involving construction and development projects as well.

Resolving Zoning Disputes in the Dominican Republic

So, if you are facing a dispute involving a zoning or other real property related issue in the Dominican Republic, what are your options?

1. Address the Issue Proactively                          

The first option is to address the issue proactively. When you are negotiating for the purchase of the property or planning your project, hiring an attorney to assess zoning and other considerations can allow you to resolve issues before they turn into disputes. Knowing what to expect will allow you to plan ahead and tackle potential issues before they slow you down or threaten your project.

2. Work With the Zoning Authority (or Property Owner)

If it is too late to avoid a dispute, your next option is generally to try to work with the zoning authority or the property owner who raised the issue. Resolving zoning disputes amicably can not only save costs, it can also help you establish relationships that may serve you well in future projects. With the help of an experienced local real estate attorney, you can explore creative alternatives and pursue compromised solutions (such as negotiating variances) that allow your project to move forward. In disputes with other private property owners, mediation and arbitration may be options as well.

3. Protect Your Real Estate Investment in Court

If an amicable resolution is not on the table, you may need to take your zoning dispute to court. In some cases, efforts to work in collaboration with a zoning authority or neighboring property owner simply will not produce the necessary results. Litigation, while often a last resort, is sometimes necessary in order to enforce property owners’ rights and overcome the roadblocks standing in the way of desirable real estate projects.

The Del Carpio Office – Experienced Real Estate Lawyers in the Dominican Republic

If you are facing a zoning, land use or other issue in connection with a real estate development or construction project in the Dominican Republic, contact The Del Carpio Office in Santo Domingo. To discuss your options with one of our experienced real estate attorneys tell us how we can help online today.

Providing dedicated litigation and commercial legal support.

Call 1 (809) 542 2930

How Can We Help You?

For more information you may contact us from Monday to Friday 8:30 am – 5:30 pm (EST) at the following number:

Office in the Dominican Republic:

Torre Friusa, Suite 12-A, Ave. 27 de Febrero # 228, esquina Ave. Tiradentes, La Esperilla, Santo Domingo, D.N. Dominican Republic

International Mailing Address:

P.O. Box 025522
EPS X15620,
Miami, Fl 33102-5522A

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