In Costa Rica, beachfront properties are regulated under the “Maritime Zone Law” (No. 6043), which is a significant piece of legislation governing coastal areas. Costa Rica’s Maritime Zone law divides the maritime zone into two distinct areas:
- Public Zone:
- This area extends from the high tide mark up to 50 meters inland.
- It is entirely public, meaning no private ownership is allowed.
- Construction and development are generally prohibited, except for infrastructure necessary for public use, such as piers or pathways.
- Concession or Restricted Zone :
- This zone stretches from the edge of the public zone (50 meters inland) to 150 meters inland.
- In this area, private individuals and businesses can apply for concessions, to use the land for specific purposes.
- These concessions are granted by local municipalities and must adhere to specific regulations and development plans.
- Concession holders can build on and use the land, but they do not own it outright. The concessions typically last for up to 20 years and can be renewed.
Concessions are not the same as freehold ownership; they are more like long-term leases with strict conditions. Foreigners can hold concessions, but they need a Costa Rican partner who holds at least 50% of the concession.
The concession system has environmental regulations and zoning plans that may vary according to the specific municipality. These plans are designed to protect the coastal environment and ensure sustainable development. Projects in this regions must comply with the Costa Rican Environmental Law and require an Environmental Impact Assessment for approval.
The Costa Rican Tourism Institute (ICT) also plays a role in regulating tourism-related developments in coastal areas. Building regulations are enforced to ensure that developments are sustainable and do not harm the coastal ecosystem.
The Ministry of Environment and Energy (MINAE) oversees environmental protection and can impose restrictions or additional requirements for development projects. The National System of Conservation Areas (SINAC) manages protected areas, and any beachfront property within or near these areas will have additional restrictions.
