“It is a priority of the State to formulate and implement, by law, a territorial planning plan that ensures the efficient and sustainable use of the nation's natural resources, in accordance with the need to adapt to climate change.” Article 194 of the Constitution.
SANTO DOMINGO.- The Dominican Republic commemorates today, November 6, 2021, the 177th anniversary of the Dominican Constitution, the most important law within the pyramid of laws of a country, which governs the norms of social coexistence.
We extract the contents of the main regulations contained in the Magna Carta, which have links with the real estate field.
Article 59 enshrines the right to housing. “Every person has the right to decent housing with essential basic services. The State must establish the necessary conditions to make this right effective and promote housing plans and human settlements of social interest. Legal access to titled real estate is a fundamental priority of public housing promotion policies,” states the main legal norm of the Dominican Republic.
Section four addresses the issue of collective rights and the environment, a timely topic for the real estate industry given the current global need for the development of ecological spaces in response to the threat posed to humanity by climate change. Article 66 of the Constitution defines collective and diffuse rights.
“The State recognizes collective and diffuse rights and interests, which are exercised under the conditions and limitations established by law. Consequently, it protects:
1) The conservation of the ecological balance, fauna and flora;
2) Environmental protection;
3) The preservation of cultural, historical, urban, artistic, architectural and archaeological heritage.
Article 67 refers to environmental protection. “It is the duty of the State to prevent pollution and to protect and maintain the environment for the benefit of present and future generations.” Consequently:
1) Every person has the right, both individually and collectively, to the sustainable use and enjoyment of natural resources; to live in a healthy, ecologically balanced environment suitable for the development and preservation of different forms of life, the landscape and nature;
2) The introduction, development, production, possession, marketing, transport, storage and use of chemical, biological and nuclear weapons and internationally banned agrochemicals, as well as nuclear waste, toxic and hazardous waste, are prohibited;
3) The State will promote, in the public and private sectors, the use of non-polluting alternative technologies and energies;
4) In contracts entered into by the State or in permits granted that involve the use and exploitation of natural resources, the obligation to conserve the ecological balance, access to technology and its transfer, as well as to restore the environment to its natural state, if it is altered, will be considered included;
5) Public authorities shall prevent and control factors of environmental degradation, impose legal sanctions, establish strict liability for damage caused to the environment and natural resources, and demand remediation. They shall also cooperate with other nations in the protection of ecosystems along maritime and land borders.
Section IX relates to land-use planning and local government. Chapter one of it explains the organization of the territory.
Article 193 of the Constitution outlines the principles of territorial organization. “The Dominican Republic is a unitary state whose territorial organization aims to promote its integral and balanced development and that of its inhabitants, compatible with their needs and with the preservation of their natural resources, their national identity, and their cultural values,” it explains.
It adds that the territorial organization will be done in accordance with the principles of unity, identity, political, administrative, social and economic rationality.
Article 194 addresses the territorial planning plan. “It is a priority of the State to formulate and implement, by law, a territorial planning plan that ensures the efficient and sustainable use of the nation's natural resources, in accordance with the need to adapt to climate change.”.
