march 2008

<-- Newsletter Home

Government Decrees Controls on N. Pacific Growth
By AMCostaRica.com

The central government decreed what amounts to a zoning plan for the whole northern Pacific coast Wednesday in places where local plans do not exist.

A summary from Casa Presidencial said that the goal was to establish density limits for construction and set the maximum height for buildings.

The measure also will have the effect of permitting coastal development to go ahead in the absence of a local plan regulador. This has been a stumbling block for many coastal projects.

The decree, which has the force of law, regulates land up to 4 kms. (about 2.5 miles) for the coast. It defines its area of coverage as the Región Chorotega, basically the northwest coast of the country.

The package of decrees was signed by President Óscar Arias Sánchez; Rodrigo Arias, minister of the Presidencia; Carlos Ricardo Benavides, minister of Turismo; Fernando Zumbado, minister of Vivienda y Asentamientos Humanos; Jorge Woodbridge, minister of Competitividad, and Roberto Dobles, minister of Ambiente y Energía.

Officials said that the Cámara de la Construcción, the Colegio Federado de Ingenieros y Arquitectos and the Consejo de Desarrollo Inmobiliario were consulted in advance.

The decrees are supposed to endure for four years in places where the land is not covered by a plan regulador, basically a zoning and development plan.

The decrees set out four areas. The first is the public area of the Zona Marítimo Terrestre, the maritime zone. This is the 50 meters above the high tide line. Except for specialized ocean related facilities like docks, construction is forbidden here.

The next 150 meters, the restricted zone, is where developers can obtain concessions or long-term leases from the municipality and the Instituto Costarricense de Turismo.

The decrees establish two more zones. One has been called the intermedia, and this includes the next 800 meters after the restricted zone. The fourth zone is all the land from the limit of the intermedia to 4 kms. above mean high tide, in other words a strip 3 kms. wide.

According to the decrees, developments within the restricted zone can be no taller than 16 meters (52.5 feet). Casa Presidencial said this was three floors.

Buildings in the intermedia can be 24 meters tall, nearly 79 feet. Casa Presidencial said this was five floors. The final zone farthest from the beach can have structures 36 meters tall (118 feet). Casa Presidencial described this as eight floors.

The actual height rather than the number of floors seems to be the controlling factor in the decrees. The text of the decrees will be published in the official La Gaceta.

 

The drawings and specifications, renderings, plans, concepts, ideas, designs and arrangements embodied herein are and at all times shall remain the sole and exclusive property of KALIA MODERN ECO-LIVING LLC (“KALIA”): no part thereof shall be copied, published, transmitted or used in connection with any work or project or publication (of any kind and description) other than the specific project for which they have been prepared, without the express written consent of KALIA. KALIA, and its licensees, reserve the right to make changes in plans, terms, specifications, features, and/or special offerings at any time without prior notice. All renderings and floor plans are artist conceptual drawings and may vary from the actual plans, designs and homes as may be built. Square footage/meter numbers are approximate and may vary depending on the standard measurement and method used. Copyright © 2008 KALIA MODERN ECO-LIVING LLC., HSBC, Stewart Title and TACA logos are copyright their respective owners. All rights reserved.

WARNING: UNITED STATES GOVERNMENT AGENCIES, INCLUDING THE CALIFORNIA DEPARTMENT OF REAL ESTATE AND ALL OTHER FEDERAL AND STATE AGENCIES, HAVE NOT EXAMINED THIS OFFERING, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF TITLE, THE STATUS OF BLANKET LIENS ON THE PROJECT (IF ANY), ARRANGEMENTS TO ASSURE PROJECT COMPLETION, ESCROW PRACTICES, CONTROL OVER PROJECT MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), TERMS, CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS (IF ANY), OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND DEVELOPMENT LAW IN THE COUNTRY WHERE THIS SUBDIVISION IS SITUATED.