Building in Costa Rica’s maritime zone: concessions, regulatory plans and beachfront rules
In Costa Rica's 200 m maritime zone, the first 50 m are public and the next 150 m can only be built on under a municipal concession and an approved coastal regulatory plan.
In Costa Rica's maritime zone, the first 200 metres inland from the ordinary high tide line, you cannot buy beachfront land outright in most places. The first 50 metres are public and cannot be built on, and the next 150 metres can only be used under a municipal concession that follows an approved coastal regulatory plan (Ley 6043). Foreigners with less than five years of residency cannot hold a concession directly.
This guide explains how the zona marítimo terrestre works, the difference between concession land and titled land, who can hold a concession, why the coastal regulatory plan decides what can be built, how the ICT and the municipality share the work, how permits work, and the due diligence to do before you commit to a beachfront lot.
This is general information, not legal advice. Laws, plans and interpretations change; have a Costa Rican attorney review any specific property or concession.
What is the maritime zone in Costa Rica?
The Ley sobre la Zona Marítimo Terrestre, Law 6043 of 1977, defines the maritime zone as a strip 200 metres wide along the whole Atlantic and Pacific coasts, measured horizontally from the ordinary high tide line, plus land and rocks uncovered at low tide (Ley 6043, art. 9). It is national property. Howler notes that Isla del Coco and the Papagayo Peninsula have their own separate regulations.
The law splits the 200 metres into two parts (art. 10):
| Section | Width | What it means |
|---|---|---|
| Public zone (zona pública) | First 50 m from the ordinary high tide line | Open to everyone. It cannot be owned, fenced or built on without legal authorization (arts. 10 and 12). |
| Restricted zone (zona restringida) | The remaining 150 m | Can be used under a concession granted by the municipality, within the limits of the law and the regulatory plan (arts. 10 and 40). |
| Mangroves and estuaries | Whatever their size | Treated as public zone in full, even where they extend beyond 50 m (art. 11). |
Article 12 also prohibits, without legal authorization, exploiting flora and fauna, fencing, building, cutting trees and extracting products in the zone. Building or developing against the law, or obstructing suspension or demolition orders, is a crime that carries a prison sentence (art. 62).
Concession vs titled land on the beach
This is the first question for any beachfront listing. Inside the 200 metre zone, most land is held by concession, not title. Outside it, land is normally titled property that foreigners can own on the same terms as Costa Ricans (ECIJA, July 2026).
| Concession (restricted zone) | Titled land (outside the zone) | |
|---|---|---|
| What you hold | A right to use a defined parcel for a set term, granted by the municipality | Ownership of the land |
| Term | Not less than 5 and not more than 20 years, renewable (art. 48 and art. 50) | No term |
| Annual cost | A canon (fee) set by the municipality, which replaces the property tax (art. 48) | Municipal property tax |
| Who can hold it | Restricted for foreigners (see below) | Foreigners and Costa Ricans alike |
| Transfer or mortgage | Needs express authorization; transfers without it are void (art. 45) | Normal sale and mortgage |
| Change of use | Needs consent of the municipality and the relevant institute (art. 43) | Follows municipal zoning |
A small number of properties within the zone were titled before the law took effect in 1977 (Dominical Property). If a seller says a beachfront lot is titled, your attorney should confirm exactly how and when that title was created. Both concessions and titled land have a registered plot plan and appear in the Registro Nacional (Dominical Property).
If the lot you want is titled land a little inland from the beach, the normal process applies. Our guide to buying land in Costa Rica to build covers it.
Can foreigners get a maritime zone concession?
Not directly, unless they have lived in Costa Rica for at least five years. Article 47 of Law 6043 says concessions are not granted to:
- foreigners who have not resided in the country for at least five years;
- companies with bearer shares;
- companies domiciled abroad;
- companies set up in Costa Rica only by foreigners;
- companies where more than 50% of the shares, quotas or capital belong to foreigners.
In practice, a foreign buyer without five years of residency can hold up to 49% of a Costa Rican company that holds a concession, with a Costa Rican partner holding the majority, or can qualify personally after five years of legal residency (ECIJA, July 2026; Howler). ECIJA also warns that a concession company cannot transfer shares to foreigners in a way that breaks these rules, and that such a transfer can be void.
In zones declared tourist zones by the ICT, one person together with their spouse and minor children may hold only one concession (art. 57).
Why the coastal regulatory plan comes first
A concession is only possible where there is an approved plan regulador costero, the coastal regulatory plan that zones the restricted zone into uses, lot sizes and building rules. In tourist zones, municipalities cannot grant concessions until the ICT and INVU have approved or prepared the development plans (art. 38). Until an area has been declared suitable for tourism, no works may be authorized there (art. 19).
Coastal plans cover only the 150 metre restricted zone, not the public zone (ICT legal opinion AL-A-0864-2024). They are prepared under a manual drawn up by the ICT and INVU and published in La Gaceta in July 2021. New plans need environmental viability from SETENA, and after public consultation the plan goes to the ICT board and INVU for final approval (Semanario Universidad, October 2023).
Coverage is patchy. In 2019 the ICT had 106 coastal regulatory plans on record, of which about 90 were estimated to need updating, and none of the 20 coastal municipalities had a plan covering its whole canton (La Nación, June 2019). Before you look at a lot, find out whether a current plan covers it at all.
What a regulatory plan controls
The plan sets the permitted use of each area, such as residential, tourist or commercial use, along with density, lot size, height and setbacks. For single family housing lots in declared tourist zones, the regulations set a minimum lot of 200 m² and a maximum of 4,000 m², and the maximum canon rate is higher for commercial uses (up to 5%) than for residential use (up to 3%) (Executive Decree 37882 amending the Reglamento to Law 6043, 2013). Check the actual plan for the specific parcel, since the use it allows decides what you can build.
Who does what: municipality, ICT and other agencies
- Municipality: the only body that can grant concessions in the restricted zone of its canton (art. 40). It collects the canon and issues building permits.
- ICT (Instituto Costarricense de Turismo): approves concessions in tourist areas (art. 42), prepares or approves coastal plans with INVU (art. 38) and shares responsibility for enforcing the law with the municipalities (Howler).
- INVU: approves coastal regulatory plans with the ICT (art. 38).
- Outside tourist areas: the law gives the approval role to the Instituto de Tierras y Colonización (art. 42). The approving body may refuse only if the concession breaks the law, and must give written reasons.
- SINAC (MINAE): manages forest and wetland land that is part of the state's natural heritage (Patrimonio Natural del Estado). In 2024 the Procuraduría told the Cóbano district council that it cannot grant or extend concessions on land with forest or wetlands (Semanario Universidad, December 2024).
What can you build in the maritime zone and how do permits work?
Inside the public zone, private building is not allowed: the land cannot be owned, fenced or built on and must stay open to everyone (ECIJA, July 2026). In the restricted zone, you can build what the regulatory plan allows for your parcel, typically a private home or tourist uses such as hotels and restaurants, once you hold the concession (Dominical Property).
The order matters. Law 9242, which regularized some buildings that already existed in the restricted zone, also states that municipalities cannot authorize or allow new construction that is not backed by an approved, registered concession that conforms to the coastal regulatory plan in force (Ley 9242, art. 6, via Bufete de Costa Rica). So the usual sequence is:
- Confirm the plan. An approved coastal regulatory plan covers the parcel and allows the use you want.
- Secure the concession. Apply to the municipality, or acquire an existing concession with the transfer authorized under article 45. In tourist zones the ICT approves it (art. 42).
- Design to the plan. CFIA-registered plans that respect the plan's use, density, height and setbacks.
- Environmental review. SETENA environmental viability where it applies; see our SETENA permit guide.
- Building permit. Filed with the municipality like any other permit, with the usual utility letters. Our permits and water letters page explains that side.
Also remember that a concessionaire cannot change the use of the parcel or its buildings without the consent of the municipality and the relevant institute, even if the concession documents do not say so (art. 43).
Mangroves, estuaries and protected land
Mangroves and estuaries are public zone regardless of their size (art. 11), so a lot that touches one can lose far more than the usual 50 metres. Developments that could affect estuaries or mangroves need a technical opinion from the Ministry of Agriculture and Livestock (art. 22), and unauthorized exploitation of flora or fauna in the zone, including mangroves, carries six months to four years in prison (art. 61) (Bufete de Costa Rica reproduction of Law 6043).
Forest and wetland inside the zone is a second trap. Land classed as Patrimonio Natural del Estado is managed by SINAC and has to be excluded from municipal concessions (Semanario Universidad, December 2024). A concession map drawn years ago may not match today's forest cover.
Due diligence for a beachfront lot in Costa Rica
| Check | What to ask for | Why it matters |
|---|---|---|
| Where the 200 m line falls | The registered plan and a survey showing the 50 m and 200 m lines | Decides what is public zone, restricted zone or titled land |
| Concession status | Registry record, term, expiry date and canon payments | Unpaid canon is a ground for cancellation (art. 53) |
| Who may hold it | Company structure and shareholding | Foreign ownership above the limits breaks article 47 |
| Regulatory plan | Approved plan in force and the use zoned for the parcel | No plan, or the wrong use, means no new building (Law 9242, art. 6) |
| Transfer approval | Written authorization for the assignment | Transfers without it are void (art. 45) |
| Natural heritage | SINAC position on forest, wetlands and mangroves | Protected land cannot be under concession |
| Existing buildings | Permits on file for anything already built | Unlawful building carries criminal penalties (art. 62) |
| Services | Water letter, power and road access | A permit still needs water; see our water letter guide |
Renewal also deserves a look. Article 50 allows renewals within the term limits of article 48 if the concessionaire is current on the canon, and a 2021 amendment (Law 9974) lets holders ask for early renewal once at least half the term has passed, but only to use the concession as a guarantee for new investment or improvements or to refinance credit (Bufete de Costa Rica). Howler suggests starting the renewal process six months before expiry.
Have a Costa Rican attorney with maritime zone experience run these checks before any money moves. On the building side, our land and construction consulting looks at slope, access, services and buildable area so you know what the lot can realistically hold.
How Decentra Homes helps
Decentra Homes is a design-build custom home builder in Costa Rica, founded in 2020, with design and construction CFIA-licensed under SANYC Ingeniería (CFIA registration CC-10880) and plans by our CFIA-licensed architect, Sergio Cerceño. Our showroom is in Altos de Flamingo, Playa Flamingo, Guanacaste, by appointment. We have completed 50+ residential and commercial projects and build first in concrete, then hybrid and steel frame. Consulting is $200 per hour with a CFIA-licensed engineer and architect with 15 years of experience, and works alongside your attorney, who handles the concession itself. Minimum construction budget $350,000 USD, before land (new builds). Message us on WhatsApp +506 8733-2930 or through our contact page.