Orientation: Property and real estate in Costa Rica

In Costa Rica, foreigners are allowed to own property, and are treated equally under the law. All real property, autos, machinery, and land, is registered in the Registro Nacional, or the National Registry. With a new online service for searching titles, an owner can check his titles from time to time, to determine that no changes are made without his knowledge.

Whereas in many countries you may own the land and all water and mineral resources upon or under it, in Costa Rica the government retains administration of water and minerals, and after a long solicitation process may (and in the case of water usually does) allow you a usage license, amounts usually stipulated. Fees for water use are minimal.

The government is ceasing to allow sales, encumbrances, and developments of land when the farm has no Plano Catastrado, which is a plan drawn by a topógrafo, or surveyor, clearly marking boundaries and usually noting rights-of-way over it.

I can gladly refer you to verifiably capable professionals who can do a thorough search of any property title before a sale, even going back to original handwritten legal records when necessary. Unique Costa Rican testamentary and shared-ownership provisions have in the past rendered this type of search necessary. These complications are becoming much less common with modernization.

Land use is likewise controlled in theory, although only recently has the government begun to assume more of the authority it had legislated itself. If the municipalities wish to assume control of their own development, they are allowed to establish zoning plans, which, like North American zoning plans, stipulate land usage and types of construction. Failing a zoning plan, control of development falls to INVU, which is a national housing and development authority.

Likewise, a newly established environmental institute has  been commissioned to vet and approve all projects above a certain size, and can demand environmental studies be performed prior to development. Smaller homes can be exempted from this process, larger homes may not be.

For most immigrants, their interests will run to ample lots or small farms (called quintas), many with a home already built, and with appropriate approvals in hand.  For those who wish to build, constructions over 90m2 will require permit by INVU as well as by the municipality.

Taxation on real property in Atenas is only Impuestos Territoriales, and at the time of this writing are quite reasonable, payable at the municipality. No school taxes are imposed, and water is charged by the cubic meter in a monthly bill from Aqueductos y Alcantarillados, a national water utility.

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