Boutique hotel construction in Costa Rica: permits, design and timeline
What it takes to build a boutique hotel in Costa Rica: the ICT declaratoria and Law 6990 incentives, Salud, Bomberos, Law 7600, SETENA and water permits, design, phasing and costs.

A boutique hotel in Costa Rica needs everything a house needs, CFIA-registered plans and a municipal building permit, plus the approvals of a building open to the public: Ministerio de Salud plan review and a sanitary operating permit, Bomberos fire safety review, Law 7600 accessibility, an approved wastewater system and written water availability, and SETENA environmental viability once construction passes 1,000 m². The ICT declaratoria turística is voluntary and free, but it is the first step toward the tax incentives of Law 6990, which remains in force in 2026. Construction is priced per square metre of the whole building, rooms and back of house together.
This guide is general information, not legal or tax advice. Confirm incentives with a Costa Rican tax lawyer and permits with ICT, the Ministerio de Salud, Bomberos and your municipality.
It covers the ICT declaratoria and the Law 6990 tourism contract, each permit in the chain, designing the building around how a hotel runs, phasing, build costs at Decentra's rates and a realistic timeline. If you are building a single villa to rent, our guide to building a vacation rental covers the Law 9742 rules for that case.
Do you need an ICT declaratoria turística to build a boutique hotel?
No. The declaratoria turística is a voluntary recognition from the Instituto Costarricense de Turismo (Decree 41370-MEIC-TUR, the Reglamento de Empresas y Actividades Turísticas). It costs nothing, and since August 10, 2026 it is processed only through ICT's online Sistema de Gestión de Declaratoria Turística; ICT no longer accepts paper files or email requests (Delfino, August 2026).
What opens the hotel legally is the sanitary operating permit and the municipal licence: Decree 41370 lists both as requirements for any operating tourism business (article 5). The declaratoria sits on top of those and is the gateway to ICT's programmes and to the Law 6990 tourism contract.
Applying while the hotel is still a project
You do not have to wait until opening. Decree 41370 lets tourism businesses, except food and drink businesses such as restaurants, apply in the project modality (article 4). The project must commit to starting construction or operation within six months of the declaratoria, and where building or remodelling is needed it must include a construction schedule signed by an engineer or architect. It must also commit to meeting ICT's evaluation tools for its category (article 4). Lodging is classified under the older Decree 11217-MEIC, the Reglamento de las Empresas de Hospedaje Turístico, which sets the hotel, apart-hotel, guest house and other lodging types.
Law 6990 tourism incentives in 2026: what a hotel can still get
Law 6990, the Ley de Incentivos para el Desarrollo Turístico, dates from 1985 and is still in force. Its incentives are granted through a tourism contract, which ICT describes as an administrative act that applies the law to a specific company; the tax benefits come from the law and cannot be negotiated (ICT). The law covers businesses already operating as well as new projects, expansions and remodels (Law 6990, article 5, consolidated text by Bufete de Costa Rica).
To qualify for a tourism contract, ICT lists four requirements: a declaratoria turística, an approved financial study, approved construction or site plans, and the legal and technical requirements. It also sets minimum sizes for lodging:
| Lodging type | Minimum rooms for a tourism contract |
|---|---|
| Hotel | 10 |
| Country house, cabins or hostel | 7 |
| Apart-hotel | 7 |
| Guest house | 5 |
| Rural tourism lodge | 3 |
Source: ICT, Tourism contract requirements.
For lodging, ICT lists a term of seven years, with exemption from the taxes and surcharges on goods needed for new or expanded establishments, and a sales tax exemption on the initial investment only; vehicles and fuel are excluded (ICT). The consolidated text notes that Law 8114 of 2001 limited the purchase exemption in article 7 to the initial investment, with later additions and remodels paying sales tax (Bufete de Costa Rica).
One 2026 change to know: Law 10884, dated March 16, 2026, added an article 6 bis: hotels and tourist marinas that receive the incentives for the first time and offer spaces for artistic, cultural, artisanal or culinary expression must guarantee the participation of Costa Rican culture workers (Bufete de Costa Rica; Asamblea Legislativa, bill 24.458). Incentive rules change through reforms like this one, so have a Costa Rican tax lawyer confirm the current status of the Law 6990 incentives, and which apply to your project, before you count any of them in your budget.
Permits for a boutique hotel in Costa Rica
These are the approvals in the chain. Several run in parallel inside CFIA's APC platform.
| Approval | Who issues it | What to know |
|---|---|---|
| Land use certificate | Municipality | Confirms that a hotel is a permitted use in the zone |
| Water availability | AyA, the local provider, an ASADA or a MINAE well concession | Required before the Ministerio de Salud reviews the plans |
| SETENA environmental viability | SETENA | D1 above 1,000 m² of construction; D1-C for 500 to 1,000 m² in a fragile area |
| Plans | CFIA (APC), with the Ministerio de Salud | Salud asks for a sworn declaration, water availability, wastewater disposal and the cadastral plan |
| Fire safety review | Bomberos | Plan review under its technical manual; NFPA standards are mandatory for new buildings |
| Wastewater treatment system | Ministerio de Salud | Location permit, then plan approval, if the hotel uses a treatment plant |
| Building permit | Municipality | Issued on approved plans |
| Sanitary operating permit (PSF) | Ministerio de Salud | Needed to operate; issued on a sworn declaration with inspection afterwards |
| Municipal business licence | Municipality | Needed to operate |
Sources: SETENA FAQ; CFIA APC requirements; CFIA water availability requirements; Decree 34768-MP; Decree 39887-S-MINAE; Decree 41370-MEIC-TUR, article 5; El Observador (March 2022) on Decree 43432-S.
Ministerio de Salud: plan review and the operating permit
At the plan stage, the Ministerio de Salud's requirements in APC are a sworn declaration, water availability, wastewater disposal and the cadastral plan, plus road, river, spring, airport, rail or high-voltage alignments where they apply (CFIA APC). To open, the hotel needs a permiso sanitario de funcionamiento. Decree 43432-S of March 2022, the general regulation for these permits, allows the permit on a sworn declaration and moves the inspection to after it is issued (El Observador, March 2022). If the hotel has a restaurant, pool or spa, ask the ministry which additional rules apply to those areas and design them in from the first drawings.
Law 7600: accessibility in a hotel
Law 7600, Costa Rica's equal opportunity law for people with disabilities, applies to private buildings that serve the public: new construction, extensions and remodels must meet the technical accessibility specifications (article 41). Establishments with parking must reserve 5% of the spaces for vehicles driven by or carrying people with disabilities (article 43). Where a building breaks the accessibility rules, construction permits are not processed until the work is corrected (article 67).
Fire code: Bomberos review
The regulation to Law 8228, the fire service law, makes fire prevention rules mandatory for any construction project, and makes NFPA standards mandatory for the design of new buildings, remodels and changes of use (Decree 34768-MP, articles 65 and 66). Bomberos reviews the plans and gives its approval under its technical manual (article 85), and its inspectors can inspect the building once it operates (article 71). For a hotel this shapes exits, travel distances, alarms, emergency lighting and, depending on size, fire water storage.
SETENA, water and wastewater
SETENA's FAQ sets the thresholds: under 500 m² of construction no environmental assessment is needed, 500 to 1,000 m² in a fragile area files a D1-C, and over 1,000 m² files a D1. Count the restaurant, staff areas and back of house with the rooms.
Water comes first in the schedule. The CFIA requirements accept an AyA or provider certification, an ASADA letter from an ASADA registered with AyA, or a MINAE concession for a well with potability tests. Read our guide to the water letter in Costa Rica before you buy a site.
For wastewater, a hotel without sewer either uses septic systems sized for its load or a treatment plant. A plant needs a Ministerio de Salud location permit, resolved within 22 calendar days and valid for two years, and then approved construction plans with an operation, maintenance and control manual, with effluent limits set by Decree 33601 (Decree 39887-S-MINAE, articles 12, 13, 16 and 17).
Designing a boutique hotel for operations
A hotel is a workplace as much as a set of rooms, and the costly mistakes are in the parts guests never see. Points to settle in design:
- Two circulations. Guests and staff should not share the same routes. Plan a service path from deliveries to the kitchen, laundry, storage and rooms.
- Back of house with real space. Laundry, linen storage, housekeeping, staff changing rooms and a maintenance workshop need floor area and ventilation. Count them in the building's m².
- Kitchen next to deliveries and waste. Put the kitchen where trucks can unload and waste can leave without crossing the guest areas.
- Repeatable rooms. Rooms that share layouts, bathroom stacks and window sizes are faster to build, cheaper to fit out and easier to maintain.
- Plant rooms and access. Water tanks, pumps, the electrical room and any treatment plant need access for maintenance without passing through guest areas.
- Materials for the coast. In salt air, specify corrosion-resistant hardware and fixtures and finishes that can be cleaned and repaired room by room.
- Accessibility built in. Plan the Law 7600 routes, parking and accessible rooms in the first layout, not as a later change.
Our commercial construction page explains how we run hotel and other commercial projects from site to handover.
Phasing a boutique hotel build
Many owners open with part of the hotel and add rooms later. Law 6990 covers expansions as well as new projects (article 5), so a later phase can still be part of the incentive picture, but ICT notes that the sales tax exemption applies to the initial investment only, so check the tax position of each phase with your lawyer. If you apply for the declaratoria in project modality, remember the six-month start commitment (Decree 41370, article 4).
- Design and permit the master plan for the full hotel, then build in phases.
- Size water storage, wastewater, electrical service and the kitchen for the final room count.
- Build the first phase so later construction does not cross guest areas or block access.
- Keep SETENA's five-year window for starting works in mind for later phases.
A development feasibility study tests the site, the room count and the phases before you commit to the land.
How much does it cost to build a boutique hotel in Costa Rica?
Decentra prices a hotel like any building, by its total built area and finish level. Our 2026 construction rates, before land, are about $700 per m² for a basic finish, about $1,000 per m² mid-range, $1,000 to $1,200 per m² upper mid-range, $1,500 to $1,800 per m² luxury and $1,800+ per m² ultra luxury. Pools cost about $2,500 per m² of pool, all in. Design and plans run about 5.5% to 6% of construction value under the CFIA fee schedule, and we recommend a 10 to 15% contingency.
The key is to price the whole building, not just the rooms. An example only, using Decentra's rates, with layout figures chosen to show the method:
| Item | Example quantity | Construction before land |
|---|---|---|
| Guest rooms, 12 rooms of 40 m² | 480 m² | Included in the total below |
| Reception, restaurant, kitchen, laundry, staff and storage | 220 m² | Included in the total below |
| Building total at luxury finish ($1,500 to $1,800 per m²) | 700 m² | $1,050,000 to $1,260,000 |
| Pool at about $2,500 per m² | 40 m² | About $100,000 |
Add design and plans, the contingency, site works such as roads, parking and a treatment plant, and the furniture, equipment and pre-opening costs, which are outside construction. Minimum construction budget $350,000 USD, before land. We do not estimate occupancy, room rates or returns.
How long does it take to build a boutique hotel?
Only a few steps have fixed legal times. The rest depends on the site, the size of the hotel and how complete each file is.
| Stage | What happens | Fixed times we can confirm |
|---|---|---|
| Site and feasibility | Title, zoning, water, access and a concept | None |
| Design | Architecture and engineering for the full hotel | None |
| SETENA | D1 and its instrument | 14, 21 or 28 natural days once SETENA's conditions are met |
| Treatment plant, if needed | Location permit, then plans | 22 calendar days for the location permit |
| Plan reviews and building permit | CFIA, Salud, Bomberos, municipality | Varies by municipality |
| Construction | Building, site works and fit-out | Our custom homes typically take 5 to 8 months on site once the permit is issued; a hotel's schedule is set by its size and phases |
| Opening permits | PSF, municipal licence, optional ICT declaratoria | PSF on a sworn declaration |
Sources: SETENA FAQ (Decree 43898); Decree 39887-S-MINAE, article 12; El Observador (March 2022).
Checklist before you design a boutique hotel
- Confirm that a hotel is a permitted use on the land and how much coverage and height the zone allows.
- Get written water availability for the full room count.
- Decide septic or treatment plant and start the location permit early.
- Decide the lodging type and room count with ICT's categories and the tourism contract minimums in mind.
- Ask a tax lawyer whether a Law 6990 contract makes sense for your project, before you buy equipment.
- Design the back of house, accessibility and fire routes with the rooms, not after them.
- Budget the whole building per m², plus pool, site works, design, contingency and fit-out.
How Decentra helps with boutique hotel construction
Decentra Homes is a design-build custom home builder in Costa Rica that also builds commercial and multi-unit projects, founded in 2020, with 50+ residential and commercial projects. We build in concrete first, then hybrid and steel frame. Design and construction are CFIA-licensed under SANYC Ingeniería (CFIA registration CC-10880), with CFIA-licensed architect Sergio Cerceño, and we handle land consulting, architecture, permits, construction and pools in one team.
If you are still choosing a site, our construction consulting is $200 per hour with a CFIA-licensed engineer and architect with 15 years of experience. Financing is available through a third-party lending partner for qualified clients. Message us on WhatsApp or through our contact page, or visit our showroom in Altos de Flamingo, Playa Flamingo, by appointment.