You may (or you may not!) have heard a lot of talk recently about the new lot segregation regulations that are coming in to affect this year. These regulations are to apply to all areas that do not currently have a Zoning Plan in place – and so will have an impact on our town.*
The new regulations were originally to be implemented February 14th 2020, but have now been postponed until June, to allow time for the INVU (el Instituto Nacional de Vivienda Urbanismo) to clarify and consult on some specific points that were felt to be unclear and controversial.
Whilst we do expect some further changes and clarifications to be provided before June, we thought it would be helpful to provide you with a very high-level summary of the regulations as they currently stand. From June 2020, all lot subdivisions will need to comply and so it is important to check with your topographer when thinking about your plans for either your existing property or for future purchases.
If you are feeling brave enough to tackle the full 108 pages of the new regulations, you can find them here! - https://www.invu.go.cr/documents/20181/33489/Reglamento+de+Fraccionamientos+y+Urbanizaciones/3af82375-d556-4f5d-85ac-50399105057c
Here is our very high-level summary:
- All new lot segregations (from June 2020) will need to be approved by both the local Municipal Government and by the INVU. This will likely increase the cost and length of time for processing new plat maps and subdivisions. (It should be noted that segregations that result in lots measuring 5 hectares or more are excluded from this requirement.)
- The Municipal Government must request the owner that is subdividing lots to make improvements to the road in front of the property, install public services if applicable and provide for rainwater drainage.
- All subdivided lots must have water availability from the AyA (ie. Municipal Water), a local ASADA or other source authorized by the AyA. In our area, wells that have the required registrations, permits and concessions are authorized by the AyA, wherever the Municipal Water is not available. But in short – your property will need to have a legal water source in order to make a subdivision.
- Subdivisions on a public road must have access to public services, a minimum size of 120m2 and a septic system or sewage treatment plant. The minimum road frontage required for each lot is 6 meters.
- Developers will be required to provide public services to all lots and provide 10% of the land in their developments for public use. **This is one of the specific points that the INVU will be debating and clarifying over the next three months.
- The minimum lot size for subdivisions of Agricultural Land is to be 10,000m2. There will be a maximum construction coverage of 10%, with a maximum of one 300m2 home of 1 or 2 floors, and the remaining allowed construction must be for agricultural or forestry use. This is a change from the current regulations that require a minimum lot size of 5,000m2, with a maximum construction coverage of 15%.
- Agricultural easements will remain at 7 meters wide and their surface must be permeable.
- Agricultural lots that are forested will have a minimum size of 20,000m2.
- No public land donation (10% rule), is required for agricultural subdivisions.
This is just a very high-level summary of some of the points that will affect our area and we provide this here with two LARGE caveats:
1.There will be some changes to the regulations before they are finally implemented in June 2020. We will update you when the final document is available!
2.If thinking about segregating your property from June 2020 onwards, be sure to talk with your topographer and lawyer in detail to make sure that your plans are in compliance with the new regulations.
Whilst these regulations are a change, we like to see them as a positive change, helping to promote a sustainable development in our area and throughout the country.
*We have Regulatory Plans in place for the beachfront, but not for titled land outside of the Maritime Zone.
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