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Ownership

Buying in the Maritime Zone: What a Concession Actually Is

Costa Rica's Maritime Terrestrial Zone runs 200 metres inland from the high tide line along most of the coast. The first 50 metres is public and cannot be built on or held privately at all. The remaining 150 metres can be granted by the municipality as a concession — a right to use the land for a term, not ownership of it.

A concession is a lease, not a title

A concession is granted for a fixed period and must be renewed. It is registered, but in a separate register from ordinary property, and it does not produce a folio real in the way private property does.

Transferring a concession normally requires municipal approval, and in tourism-zoned areas the national tourism institute may also be involved. A sale agreed between two private parties does not complete until that approval exists.

Ask for the concession expiry date and whether the canon — the fee paid to the municipality — is current, before anything else.

Who is allowed to hold one

Article 47 of Ley 6043 restricts who may hold a concession. An individual must have held legal permanent residency for at least five years. A corporation must have at least 51% of its capital stock registered to Costa Rican citizens.

This is the single most common reason a coastal deal collapses late. A buyer who is neither a long-term resident nor willing to structure ownership accordingly cannot simply take over the concession, however willing the seller is.

The zoning plan matters

Concessions are granted according to a municipal zoning plan — the plan regulador. Where no approved plan exists, the municipality's ability to grant or renew concessions can be limited, and what may be built on the parcel may be unresolved.

The status of the plan for a specific area is a question for the municipality and your attorney, and the answer materially affects the value of what is being sold.

Common questions

Can I get a mortgage on a concession?

It is considerably harder than on titled property. A concession is a term right subject to municipal approval, which most lenders treat differently from a registered folio real. Assume you are looking at a cash transaction unless a lender tells you otherwise in writing.

What happens when a concession expires?

It must be renewed through the municipality. Renewal is normal where the holder has complied with the terms and fees, but it is not automatic, and the remaining term is part of what you are buying.

See what is available

Every listing carries a signed seller disclosure covering title, encumbrances, access, permits and condition.

This guide is general information about buying property in Costa Rica and is not legal advice. Consult a Costa Rican attorney before any transaction.