Legal considerations when buying a home in Curaçao: how to avoid surprises

Buying a home in Curaçao is a well-organized process, but it works differently than in the Netherlands. Not because it’s complicated, but because the priorities are different. The notary plays a more significant role, and regulations dictate what you can and cannot do. A legal review involves more than just “quickly checking” who the owner is. Still, you also have a great deal of freedom on the island.

In this Burbach Roycroft Insights, you’ll learn which legal points you should understand beforehand, so you don’t discover after the purchase that a missed detail turns out to be decisive.

In the Netherlands, the notary is sometimes seen as the final step. In Curaçao, the notary is an integral part of the security process. The transfer of ownership takes place via a notarial deed. It is only at that moment that you become the owner of the property. This also means that the notary reviews the details of the transaction—not only the deed itself, but also the legal status of the property.

An important part of the process is the land registry search. This goes beyond simply identifying the owner. It also examines encumbrances and restrictions, such as:

• Mortgages still encumbering the property
• Liens or claims
• Easements
• Leasehold or other limited rights

This may sound technical, but it directly affects your purchase. For example, an easement can determine who is allowed to drive on a road and whether there are utility lines that could impact your construction plans.

Many buyers underestimate due diligence. They don’t underestimate it because they’re negligent, but because they compare it to the situation in the Netherlands. In Curaçao, however, this is where the greatest certainty is found.

A thorough legal review typically examines three areas:

• Title and rights
• Who is the owner, and what encumbrances are on the property?

Usage and boundaries

Does what you are buying match how the property is legally registered? And are there agreements that affect its use?

Building or resort rules

For apartments and penthouses, this is often the deciding factor.

This is also where things sometimes go wrong, because it is important to know the rules at a resort or apartment complex. You are, so to speak, also “buying” those rules.

Buying an apartment always comes with its own set of rules. You’re purchasing private property, but you’re also part of a community. On Curaçao, this is reflected in the Homeowners’ Association structures and in regulations that go far beyond what most people expect.

That’s why, before you sign, you’ll want to know:

• What is considered private and what is common property
• How maintenance and reserves are handled
• Whether there are restrictions on renting out the unit
• Whether there are plans for renovation (and who pays for it)

Service fees are not just “a monthly amount.” They reveal something about the management. And, above all, whether a reserve fund has been built up. If there isn’t one, a one-time contribution is often required as soon as major maintenance is needed.

Many buyers want flexibility—to use the property themselves whenever they want and to rent it out when they’re not there. That makes sense. But on Curaçao, renting out a property often comes with conditions, especially at resorts and managed properties.

Examples of rules you’ll frequently encounter:

• Renting out only through a management company
• Minimum rental duration
• Restrictions on short-term rentals
• Periods during which owner-occupancy is restricted

The most important point: this information is rarely listed on real estate listing sites like Funda. It is found in bylaws, appendices, and resolutions of the homeowners’ association (VVE/HOA). That is why rental terms should always be part of the due diligence process.

A purchase agreement doesn’t just include the price of the property and the date of transfer. It also specifies where the risks lie and how to avoid disputes later on.

Here are some provisions you should read carefully:

• The condition in which the property is delivered
• Agreements regarding fixtures and equipment
• The point at which risk transfers
• Penalties for delay or termination

Sometimes there is a clause such as “as is, where is.” This means: “You are purchasing the property exactly as it stands now, in the location where it is situated, with all visible and invisible defects.”

That doesn’t have to be a problem, but you must then organize a technical inspection thoroughly and clearly document agreements regarding the handover.

New construction requires extra attention because you’re often buying based on drawings and promises. In such cases, legal certainty rests on three pillars:

• Payment linked to construction phases
• Clearly defined warranties
• A handover procedure that allows for repairs

It is precisely with new construction that discussions arise about what “ready for handover” means. A contract that specifies this in concrete terms prevents disappointment and delays.

A notary may ask about the source of funds, even if you are financing the purchase entirely on your own. This is standard procedure, as it is required by law and for compliance purposes. The most important advice is practical: make sure to get this sorted out in advance. That way, you’ll avoid delays in the transfer due to missing documents.

Buying a home in Curaçao doesn’t require more legal work, but rather the right kind of work. The greatest benefit lies in due diligence, and for apartments, especially in the bylaws, homeowners’ association (HOA) structures, and rental terms.

Being aware of these details now will prevent you from facing (unnecessary) surprises later on. This was, of course, the purpose of this article: to help you understand where certainty comes from—before you sign, not after.

Yes. The transfer of ownership is carried out through a notarial deed. You cannot become the owner without a notary.

Among other things, the notary verifies ownership, mortgages, liens, and legal restrictions. In addition, the notary drafts the deed and registers the transfer.

This refers to the legal review of ownership, encumbrances, rights, and regulations that affect usage. For apartments, this also includes a review of bylaws and documents from the homeowners’ association (HOA).

Not always. Many buildings and resorts have specific conditions. Rentals may be restricted by regulations or agreements with a management company.

This means that the property is purchased “as is.” This makes inspections and clear terms of delivery particularly important.

Notaries must comply with compliance regulations. For this reason, they may be asked to provide documents explaining the source of the purchase price.