Essential Real Estate Legislation in Panama

Published on and written by Cyril Jarnias

Panama, with its dynamic economy and strategic position, is attracting an increasing number of foreign real estate investors. However, before diving into acquiring property in Panama, it is crucial to understand the legal and regulatory framework governing the local real estate market. This article will guide you through the essential aspects of Panamanian real estate laws and regulations, enabling you to make informed choices and secure your investments.

Panama: A Paradise for Foreign Investors?

Panama stands out as one of the most attractive destinations for foreign real estate investors in Latin America. This appeal is based on several key factors:

Foreigner-friendly legislation: Unlike many countries that impose restrictions on foreign buyers, Panama offers a particularly welcoming legal framework. Foreigners enjoy the same rights as Panamanian citizens regarding property acquisition, with a few exceptions.

A dynamic real estate market: The Panamanian real estate sector has experienced sustained growth for several years. According to data from the Panamanian Chamber of Construction (CAPAC), the real estate market recorded 5.8% growth in 2024, with positive prospects for the coming years.

Attractive tax incentives: The Panamanian government has implemented various measures to attract foreign investors, including exemptions from capital gains taxes on real estate under certain conditions.

However, it is important to note that certain restrictions apply, particularly regarding the acquisition of land located within 10 kilometers of national borders or in certain coastal areas. These limitations aim to protect the country’s strategic interests.

Good to know:

Foreigners can freely purchase real estate in Panama, enjoying the same rights as Panamanian citizens, with the exception of certain restricted areas near borders and coasts.

The Legal Framework of Panamanian Real Estate: What You Need to Know

The Panamanian legal system for real estate is based on a set of laws and regulations designed to protect both buyers and sellers. Here are the main provisions to be aware of:

Law 41 of 2007: This fundamental law governs real estate transactions in Panama. It establishes procedures for property registration, title transfers, and mortgages. The law requires all real estate transactions to be registered with the Public Registry of Panama to be legally valid.

The Panamanian Civil Code: It defines the rights and obligations of owners, tenants, and third parties involved in real estate transactions. The Civil Code also establishes rules regarding easements, rights of way, and other land ownership-related matters.

Law 6 of 2006: This law regulates the condominium regime in Panama. It defines the rights and responsibilities of co-owners in condominium buildings, as well as the rules for managing common areas.

Law 80 of 2009: It introduced measures to strengthen transparency in real estate transactions and combat money laundering. This law imposes due diligence obligations on real estate agents and notaries involved in transactions.

It is crucial to note that the Panamanian legal system places great importance on written contracts. Any verbal agreement concerning a real estate transaction has no legal value. Therefore, it is essential to formalize all agreements in writing and have them authenticated by a public notary.

Good to know:

The Panamanian legal framework for real estate is well-structured, with specific laws governing transactions, condominiums, and transparency. It is imperative to formalize all agreements in writing to give them legal validity.

Real Estate Taxation in Panama: An Attractive Regime for Investors

The Panamanian tax system is designed to encourage foreign investment, offering a particularly advantageous framework for property owners. Here are the main aspects of real estate taxation to know:

Property Tax: Panama applies a progressive property tax based on the cadastral value of the property. Rates range from 0% to 2.10% depending on the property’s value. However, there is an exemption for the first $30,000 of the cadastral value for primary residences.

Property Transfer Tax: When purchasing a property, a transfer tax of 2% of the higher value between the purchase price and the cadastral value is due.

Capital Gains Tax: Capital gains realized from the sale of a property are taxed at a fixed rate of 10%. However, if the property is the seller’s primary residence and has been held for at least two years, the sale may be tax-exempt.

Tax Incentives for Investors: Panama offers property tax exemptions for new residential constructions for a period of up to 20 years, depending on the property’s value. This measure aims to stimulate real estate development and attract investors.

Territorial Tax Regime: Panama applies a territorial tax system, meaning only income generated within Panama is taxable. Rental income from properties located abroad is not subject to Panamanian tax.

It is important to note that tax laws can change. In 2024, the Panamanian government introduced new measures aimed at simplifying the tax system and further encouraging foreign investment. These measures include a reduction in tax rates for certain categories of real estate and a simplification of tax filing procedures.

Good to know:

The Panamanian tax regime is particularly attractive for real estate investors, with moderate tax rates and incentives for new constructions. The territorial tax system also offers advantages for international investors.

Owner Rights and Protections in Panama

Panama provides strong protection for property rights, making it a sought-after destination for real estate investors. Here are the main aspects to know regarding owner rights:

Constitutional Guarantee: The Panamanian Constitution guarantees the right to private property. Article 47 states that every person has the right to private property for personal use and that expropriation is only possible for reasons of public utility or social interest, and with adequate compensation.

Property Title System: Panama uses a registered property title system, which offers increased legal security to owners. All property titles are registered with the Public Registry of Panama, ensuring transparency and traceability of real estate transactions.

Protection Against Illegal Occupation: Panamanian law offers strong protection against the illegal occupation of properties. Owners have the right to seek the eviction of illegal occupants through legal channels.

Tenant and Landlord Rights: Law 93 of 1973, amended by Law 7 of 2014, governs landlord-tenant relationships. It establishes clear rules regarding leases, security deposits, rent increases, and eviction procedures.

Right of First Refusal: In certain cases, particularly for condominium properties, co-owners may have a right of first refusal if a unit in the building is sold.

It is important to note that, while owner rights are well protected in Panama, there are also responsibilities. For example, owners are required to maintain their properties in good condition and comply with local regulations regarding urban planning and the environment.

In 2024, the Panamanian government strengthened owner protection measures by introducing new legal provisions aimed at speeding up judicial procedures in case of real estate disputes. These measures aim to ensure faster conflict resolution and strengthen investor confidence in the Panamanian real estate market.

Good to know:

Owner rights are solidly protected in Panama, with constitutional guarantees and a registered property title system. However, owners must also be aware of their responsibilities and local regulations.

Recent Regulatory Developments: What’s Changing for Investors

The regulatory framework for real estate in Panama is constantly evolving to adapt to new economic and social realities. Here are the main recent changes impacting investors:

Strengthening Anti-Money Laundering Efforts: In 2024, Panama adopted new measures to strengthen transparency in the real estate sector. Law 254 of 2024 imposes stricter due diligence obligations on real estate agents and notaries. These professionals must now verify the origin of funds used in real estate transactions exceeding $500,000.

Simplification of Administrative Procedures: The Panamanian government launched an initiative in 2025 to digitize real estate-related procedures. This measure aims to reduce delays and simplify processes for obtaining building permits and property registration. According to the Ministry of Housing and Land Management, this initiative is expected to reduce the time needed to finalize a real estate transaction by 30%.

New Environmental Regulations: Facing the challenges of climate change, Panama introduced new sustainable construction standards in 2024. Law 312 of 2024 imposes higher standards for energy efficiency and water management for new constructions. These standards also apply to major renovations of existing buildings.

Condominium Regime Reform: Law 428 of 2025 brought significant modifications to the condominium regime. It clarifies the rights and responsibilities of co-owners, strengthens the powers of condominium assemblies, and introduces more effective conflict resolution mechanisms.

Incentives for Rural Area Development: To encourage real estate development outside saturated urban areas, the government introduced new tax incentives in 2025. Investors who develop real estate projects in designated rural areas can benefit from property tax exemptions of up to 25 years.

These regulatory changes aim to strengthen the attractiveness of the Panamanian real estate market while ensuring its sustainability and transparency. It is crucial for investors to stay informed about these developments to optimize their investment strategies.

Good to know:

Recent regulatory developments in Panama aim to strengthen transparency, simplify administrative procedures, and promote sustainable development. These changes offer new opportunities for savvy investors, while imposing higher standards for compliance and sustainability.

Conclusion: Panama, A Promising Real Estate Investment Destination

Panama positions itself as a destination of choice for foreign real estate investors, offering a stable legal framework, attractive tax incentives, and a dynamic market. Recent regulatory developments, aimed at strengthening transparency and promoting sustainable development, only consolidate this position.

However, as with any international investment, it is crucial to understand the specifics of the local market and to surround yourself with qualified professionals. Real estate laws and regulations in Panama, although generally favorable to foreign investors, can be complex and require specific expertise.

The outlook for the Panamanian real estate market remains positive. According to forecasts from the Panamanian Chamber of Construction (CAPAC), the sector is expected to experience average annual growth of 4.5% over the 2025-2030 period, driven by investments in infrastructure and urban development.

For investors ready to seize these opportunities, Panama offers fertile ground for profitable and secure real estate investments, provided they navigate the local regulatory and tax landscape effectively.

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About the author
Cyril Jarnias

Cyril Jarnias is an independent expert in international wealth management with over 20 years of experience. As an expatriate himself, he is dedicated to helping individuals and business leaders build, protect, and pass on their wealth with complete peace of mind.

On his website, cyriljarnias.com, he shares his expertise on international real estate, offshore company formation, and expatriation.

Thanks to his expertise, he offers sound advice to optimize his clients' wealth management. Cyril Jarnias is also recognized for his appearances in many prestigious media outlets such as BFM Business, les Français de l’étranger, Le Figaro, Les Echos, and Mieux vivre votre argent, where he shares his knowledge and know-how in wealth management.

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