Costa Rica Real Estate Lawyer |
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| Zoning Zoning is one of the methods adopted by governments to control the physical development of the land that comes under its jurisdiction, and the types of uses that each individual property may be put to. Zoning laws typically demarcate the areas in which residential, commercial, industrial or recreational activities may take place, thereby helping proper planning of towns and cities. Contrary to popular belief, the concept of zoning surely does exist in Costa Rica, and purchasing property or constructing a building without honoring the local regulations can lead to serious complications in the smooth progress of your project. The Urban Code is the body that regulates zoning in Costa Rica. Principally the agencies involved in this process are the local municipal governments and the INVU or National Housing and Urban Institute which is the housing authority. Some of the regulations and laws are the Urban Planning Law of the year 1968, which revolves around the concept of urban development; the Law of Constructions and Regulations of the year 1949, which deals with minimum levels of measures to ensure public comfort, security, health and aesthetic value in the public ways and constructions; Regulation of Condominium Ownership Law of the year 1999, which defines the standards, requirements and procedures for submission of a Condominium Property Regime. Most important among these however, is the Maritime Zone Law of the year 1973, which lays down the criteria for ownership of the real estate property or raw land within the 200 meter mark from the shore line. This is based on the Costa Rican law as per which the beaches belong to everybody and hence has a right to use them; the first 50 meters (equivalent to 164 feet) above the mean high tide line is earmarked as public land. The 150 meters after this is what is referred to as the Maritime Zone and is controlled by the government. It is essential to procure a zoning plan for the land that you intend to develop. In case there is no zoning plan for the land that you would like to develop, the onus of making one lies on the developer – you. This zoning plan must address matters relating to areas of public use and other public amenities such as roads, water and electricity. It then needs to be submitted to the ICT or the tourism board, the INVU or the housing and urban development department), as well as the local municipality for approval. Please feel free to approach us for any help you may require with laws pertaining to Zoning. |