Costa Rica Construction Tips from Gary Schmieding

If you have a nice view from your property, play it smart.

Buy the land around it. There are a number of different agencies that must be identified and consulted with in order to determine if any setbacks or restrictions apply to a particular property. Official reviews must be obtained from these various agencies in order to receive a building permit so performing a preliminary study to determine any issues that impact development plans is highly recommended.

Obtaining construction permits in areas designated as “protected” require an environmental impact report approved by the Secretaría Técnica Nacional Ambiental (SETENA). Over 95 % of coastline areas are designated as “protected”!

Housing developers keep in mind that Costa Rican law allows you to dedicate only 60 to 70% of your land to be used for building lots. 20% to 25% will be used for roads and 5% to 20% for parks.

Splitting property into lots is possible however specific zoning restrictions on lot sizes will apply. In rural areas the minimum lot size is one hectare (10,000 M2 – 2.47 acres) with a minimum frontage of 40 meters (131 feet) along a public road.

The following are general guidelines for road and highway right of ways and building restrictions around streams, rivers and springs. There a number of other restrictions including tree cutting that may apply so it is important to determine any issues or restrictions before buying a property.

Along both coasts, the first 200 meters (656 ft.) above mean high tide is owned by the government. No building is permitted within the first 50 meters (164 ft.) above mean high tide. The area 50 meters (164 ft.) to 200 meters (656 ft.) above mean high tide may be leased from the local municipality with the Approval of the Instituto de Turismo (Costa Rican Tourist Board).

The “Right of Way” construction setback for roads designated as “public” is a minimum of 3.5 meters (11 ft. 6 in.). Right of Way setbacks along larger roads and highways can be as much as 28 meters (92 ft.). In both cases, distances are measured from the centerline.

Room must also be allowed for a sidewalk and front yard in most locations. The construction restriction along streams and rivers is a “minimum” of 15 meters (about 49 ft.). Streams and rivers with an incline over 45 degrees will usually have a 50 meter (165 ft.) restriction. Streams and rivers in protected zones, flood plains, or that feed public water supplies may have different restrictions.

Note that the natural channel of a stream, river, or spring cannot be “changed” in order to support construction including roads, driveways, and building sites.

Construction restrictions around natural springs are important to be aware of due to the large 100 meter (324 ft.) radius that applies (over six acres). This restriction applies to all forms of construction including roads, grading, establishing building lots and/or any form of construction that may alter the flow, runoff of water, or introduction of material like loose soil into the spring.

In cases where the spring is flowing into a designated “public water supply” the diameter of the restriction doubles to 200 meters (648 ft.). The existence of a spring can severely limit construction plans for even large properties as creating road access to areas adjacent to the spring may be blocked by the restrictions.

Building in Costa Rica does have it advantages because the natural features of a particular property may enable the construction of structures that incorporate these features into their design without the normal clearing and leveling typical for conventional construction.

NOTE: Gary Schmieding  does a wide range of consultancy work, so for more information please contect him directly at gschmieding@gmail.com