Maritime Zone Property
Owning property in the Maritime Zone in Costa Rica is a common practice and we specialize in it!
Many properties in beach areas in Costa Rica are deemed by the government to be in the Maritime Zone.
These properties are not titled, but can still be owned and built on.
Buying Beachfront Land in Costa Rica
A foreigner can indeed own a Maritime Zone property, but it's important to understand the specific process and the restrictions on owning such a piece of land.
Instead of a traditional title, the ownership is granted through a concession. A concession gives you the legal right to use, develop, and enjoy the property for a specified period, and can then typically be renewed thereafter.
The process of obtaining this concession and the right of possession can seem complex, but with the right legal guidance, it's a straightforward and manageable process.
It's a common and safe way for foreigners to acquire property in this beautiful part of Costa Rica.
We work with experienced lawyers in the area and make sure you are guided through the steps that although may seem foreign to you, are all part of a clear legal framework we are accustomed to.
Key Points of Maritime Property
Definition
The maritime terrestrial zone in Costa Rica is a 200-meter strip from the high tide line. The first 50 meters are for public use, and the remaining 150 meters can be subject to concessions (leases).
Owner's Position
Even if you own a property that borders the sea, you do not own the beach (the first 50 meters), as it is a public good. There are construction restrictions, and a concession is required to use/own the portion corresponding to the property.
Concession
As indicated by the municipality, concession is given to residents who have lived in the country for five years without leaving during that time, Costa Rican individuals, and corporations with at least 51% Costa Rican ownership. Hence creating a corporation to purchase property is common practice in the beach community, and something we will walk you through for an easy process.
The term is usually 5 - 20 years and as long as no restrictions have been violated and all payments have been made, the owner's position is secure and the concession will be renewed for another 20 years.
Concessions are stored in the National Registry under the Concessions Registry as opposed to the Property Registry.
Role of the Municipality
The municipality is the entity responsible for granting concessions to use properties in the maritime zone and for overseeing that regulations are followed.
Properties in the Maritime Zone are not registered in the same manner as titled properties; information is only available if there is a file at the municipality. These properties belong to the state and are administered by the municipalities, which is why they cannot be officially sold.
Transfer of Ownership
To “buy” a property in the Maritime Zone, you make a transfer of ownership of concession, and the existing file at the municipality is continued. If the property is owned by a corporation, it's easier; they simply change the board of directors. If it is owned by an individual(s), the existing file must be closed and a new one opened. These transfers are private and will never result in a title deed. Only the concession can be registered, but it is not a title in itself.
Importance of Maintaining the Property
It is crucial to keep documentation up-to-date, have a physical or legal presence as the owner, and perform adequate maintenance to avoid problems.
Danger of Abandoning the Property
Abandonment can lead to illegal occupation (by "squatters" or precaristas) and the potential loss of rights to the property.
Property Protection
Property can be protected by appointing a legal representative in Costa Rica or by creating a corporation (sociedad) to facilitate management. Our lawyers can get this set up for you.
Legal Advice
It is essential to seek specialized legal advice in real estate to understand the laws and regulations and avoid future issues. Here in the beach area, we have experienced lawyers that deal with the purchase of these properties on a regular basis.
Documents
The concession file and application must be kept up-to-date. The "Muni" (municipality) in Goflito even has a special window with an English-speaking clerk to take care of Martime Zone property.
Get in Touch
We’re here to help you with all your real estate needs. Whether you’re buying, selling, looking for investment opportunities, wanting to rent, or simply have questions about purchasing in Costa Rica, our team is ready to assist you.