Guides / Guide

A practical guide for property buyers in Costa Rica

Concessions, titled land and possession rights, the thirty to sixty day review, where the money sits, and what the community expects from you.

First, what kind of property is it

Costa Rica does not have one kind of land ownership, it has three, and the difference decides what you can own, how long for, and who can hold the paper. Registered title is the strongest: a folio real, a plano, and a record at the National Registry that the state guarantees and that anyone can check online.

A property based on possession rights is the opposite. It rests on occupation rather than registration, and the law can convert long, public, peaceful occupation into ownership. Regular possession is measured in ten years with an apparently legal document behind it; irregular possession in twenty. Both can carry claims that never appear in a registry search.

Concessions are the third case, and the one buyers most often misread. Under the maritime zone law, the first fifty metres from the high tide line are public. The next hundred and fifty metres can only be held under a government concession, typically for twenty years or more, and a foreigner cannot hold that concession directly. The usual structure is a Costa Rican company where the foreign investor holds forty nine percent and a local partner holds fifty one.

Why the beachfront house is a different transaction

A beachfront property can look like the simplest purchase on the listing site and be the most complex file in the office. You are not buying land in the ordinary sense, you are buying into a concession structure, and the structure has rules about who may hold it, how it renews, and what happens to the improvements at the end.

Hotels work around this with two or more companies: one holds the concession and develops the beachfront amenities, and another, held entirely by the investor, owns the operating infrastructure. It is legitimate and it is common. It is also not something to improvise after the deposit is paid.

Due diligence is a period, not a formality

The review usually runs thirty to sixty days. It is the collection, analysis and interpretation of everything that affects the decision: title, zoning and land use, legal access, utilities, municipal taxes and arrears, pending litigation, construction permits and whether the buildings on the ground were ever authorised.

It also means coordinating people who do not work for the seller: a topographer to measure dimensions and occupation, an engineer or technical inspector for structures and soil, and a check that the parcel is outside a natural reserve or protected area. Each of those findings has to come back into the contract as a condition, or it is only an observation.

The agreement comes before the inspection

The purchase option or sale agreement is signed before anyone knows what the land is. That is why its drafting matters more than its price clause. It should fix the object of the contract, the price, the timelines, the deposit and who holds it, the exact matters the review will cover, the representations each side gives, and a dispute resolution clause.

Arbitration is worth considering, because it keeps a commercial disagreement out of a court calendar. The exit right and the long stop date belong in the same document. If they are missing, the review becomes a negotiation you have already lost leverage in.

What the transaction costs

Beyond the price, expect a real estate commission, usually in the range of five to six percent and normally carried by the seller, so read the listing agreement before you assume. The buyer side carries the closing: transfer tax, stamps, and the notary who drafts, transcribes and registers the deed.

The detailed split we use sits in the costs section of this site, at roughly 3.8 percent of the higher of price or fiscal value, plus 13 percent VAT on the notary fee. That figure is an estimate: the taxes are assessed in colones, so the dollar amount moves with the exchange rate, and the stamps change with the municipality and the classification of the land. We compute it for your file rather than quoting a slogan. Legal work on the review is quoted separately, because a flat parcel with contours is a different job from a steep lot with no survey.

The money should not sit with the seller

A deposit paid directly to a seller is a deposit you have to argue for later. Escrow changes that. A registered escrow company holds the guarantee deposit from the days after signature, through the review period, and releases it only on the written instructions in the agreement. If the review is positive, the balance is funded to the same escrow before the closing date so the funds are provably there.

The escrow agent is not your lawyer and not the seller's. That is the point. We negotiate the release instructions with the agent and the counterparty, and we make sure the conditions in the agreement and the instructions to the escrow say the same thing.

After the signature

Closing is not the end of the file. The deed has to be registered at the National Registry, and the transfer of utilities and services has to be arranged, which is where a good notary earns the fee. Registration is also the moment when a defect in the chain becomes visible, which is why the review and the drafting happen months earlier.

If you are buying through a company rather than in your own name, the post closing work is larger: corporate records, tax registration, and the question of who signs for the entity in a future sale.

The part nobody puts in the brochure

A foreign buyer arrives with capital in a place where capital is scarce. That has consequences, and pretending otherwise is how a community turns against the people who bought into it.

Gentrification is not an abstract argument in a coastal town. It shows up as rents that local families cannot pay, as seasonal work that replaces year round work, and as a village that empties in the low season. The purchase is legal either way. What it does to the place is a choice.

Being a good neighbour is also an investment strategy

Engage with the community rather than the expat bubble. Support local businesses, learn how the town actually works, and be conscious that your purchasing power lands on a local economy that did not have it before. Where development is possible, the question is whether it adds to the place or prices the place out.

One practical route is to buy local work. Costa Rica has a serious contemporary art scene and San José has galleries worth the trip, and the firm's own offices are hung with it. Buying a piece by a Costa Rican artist puts money into the local cultural economy in a way that a decorative import does not.

Residency through investment

Property investment has been linked to investor residency, historically at a USD 150,000 threshold, with a file that includes apostilled birth and criminal records, fingerprint registration, consular registration, proof of the investment in your own name, municipal proof of the property value and payment of government fees.

Treat the threshold and the incentives around it as moving parts. The rules have been amended and the transitional incentives have expired, so confirm the current figure in writing with the immigration authority before you size a purchase around it. If residency is the goal, tell us at the start, because it changes how the property should be titled.

Financing a purchase as a foreigner

Finance exists for foreign buyers, though it is narrower than in your home market. Some Costa Rican banks run programmes aimed at non residents, and specialised lenders price the risk differently. The practical difference shows up in the down payment and the rate rather than in the principle.

The order matters more than the offer. A lender's valuation and its conditions belong inside the purchase option as financing conditions with a date attached, so a refused loan is a documented exit rather than a lost deposit. We read the credit terms against the contract timeline before anything is signed.

A property is a holding, not a single decision

For an owner who is not in the country, management is the difference between an asset and a liability: maintenance, security, rental bookings, guest handling, the small repairs that turn into large ones if nobody looks. Choose the manager with the same care as the lawyer, and put the scope, the fee and the termination right in writing.

Resale value is decided long before resale. Location, legal access, title quality, water, the condition of the structures and whether the land can carry something else all matter more than finishes. A clean cadastral file and an access you can prove are worth more at exit than a new kitchen.

What we actually do

We act for the buyer, coordinate the topographer, the technical inspector and the architect, review and draft the agreement and the escrow instructions, negotiate with the seller and the agent, and follow the registration to the end. The technical people sign their work. We sign the advice.

If any of this reads like too much caution, consider the alternative: a deposit you cannot recover, a boundary that was never surveyed, or a beachfront property that turns out to be a concession you are not allowed to hold directly.

This note expands material originally published by Simple Legal Consulting.

Read the original article

Send the property before you sign.

Location, area, folio, cadastral plan and the closing date. We will tell you where the review starts and what would change our answer.

Phone
+506 6182 6836
Email
hd@simple-legal.consulting
Office
Futura Business and Plaza, A105. Lindora, Santa Ana, San José.