Territorial planning: Executive Branch issues decree to implement the law’s regulation
The President of the Dominican Republic, Luis Abinader, issued Decree 396-25, which approves the implementing regulation of Law 368-22 on Territorial Planning, Land Use, and Human Settlements.
Background
Law 368-22 was enacted to regulate territorial planning, land use, and human settlements across the country. With its implementing regulation now approved, the goal is to ensure its effective enforcement.
The regulation was drafted by the Vice-Ministry of Territorial Planning and Regional Development of the Ministry of Economy, Planning and Development and underwent a prior public consultation process. Its preparation also involved the Executive Branch’s Legal Counsel and key government agencies such as the Ministries of the Presidency, Tourism, and Housing and Buildings, along with municipal representatives and the private sector.
Main Provisions
A key feature of the regulation is that local governments are now required to design and approve territorial planning plans.
These plans will enable a more efficient management of land use. For instance, municipal urban planning offices must authorize infrastructure projects only when they are compatible with the land classification of their jurisdiction.
For tourism-related projects, local land-use permits will not suffice: a “no-objection” certification from the Ministry of Tourism will also be required to confirm their viability.
The regulation further establishes that the Ministry of Finance and Economy will be responsible for certifying which municipal districts meet the requirements set forth in paragraph I of Article 24 of Law 368-22 — namely, those with sufficient productive, economic, and fiscal capacity and a population exceeding fifteen thousand inhabitants — to manage land use within their territories.
Significance for the Country
The approval of this regulation marks a key milestone in effectively implementing the national territorial planning policy, as it provides operational mechanisms for the law governing land use and human settlements.
For municipalities, it entails greater responsibility and tighter oversight of infrastructure and land-use projects, fostering more sustainable urban planning, better control of disorderly growth, and the promotion of coordinated territorial development.
Next Steps
Following the decree, local governments must begin drafting their territorial planning plans. It will be essential to monitor how municipalities organize to meet the established deadlines and requirements, as well as the coordination between national, regional, and municipal authorities to ensure effective implementation.
The enforcement of the implementing regulation of Law 368-22 on Territorial Planning and Land Use introduces a new compliance framework for businesses, real-estate developers, tourism entities, and local governments.
Contact us to learn how this regulation may affect your operations, investments, or urban and tourism development projects in the Dominican Republic.