Building permits and zoning certificates

Translated from the Spanish original. If there is any discrepancy between the two versions, the Spanish text prevails. Read the original in Spanish.

A couple decides to build a second floor to rent out, or a neighbor wants to roof the patio and add another room. The foreman says “that doesn’t need a permit,” and work starts. Months later a municipal inspector shows up, the work is shut down, and a word nobody wants to hear comes up: demolition. Before buying the first bag of cement, it is worth knowing what the law requires.

Does every project need a permit?

Yes. The Construction Act (Ley de Construcciones), No. 833, provides that all construction work, whether permanent or temporary, must be carried out with a permit (licencia) from the municipality (Article 74). No building may be built, adapted, or repaired without complying with the applicable regulations (Article 2).

What changes with the size of the project is the procedure. Repairs, remodeling, additions, and other minor works whose value does not exceed ten base salaries (salarios base) do not require the signature of an engineer or architect, but they do require the municipal permit (Article 83 bis). The base salary (Law 7337) changes every year: confirm it with the municipality. Work that alters the structure or the electrical or mechanical systems in a way that puts occupants at risk is not minor work, and the municipality may deny successive permits if it finds that a large project is being split up to evade controls.

For all other work, only an engineer or architect who is a member of the Association of Engineers and Architects (Colegio Federado de Ingenieros y de Arquitectos) may sign the permit application, and that professional is required to supervise the work (Article 83).

What is a zoning certificate, and why is it requested first?

The zoning certificate (certificado de uso de suelo) is the municipal document stating whether what you want to do on your land is compatible with zoning, that is, with the rules on which activities are allowed in each zone of the canton. The Urban Planning Act (Ley de Planificación Urbana), No. 4240, prohibits using land or buildings for purposes incompatible with zoning and requires that certificate (Article 28). Without it, business licenses (patentes) for commercial or industrial establishments are not granted either (Article 29).

The same Act states that the municipality will not allow construction, among other cases (Article 58):

When the work does not comply with the use, location, setbacks, lot coverage, and other zoning conditions.
If the lot comes from a subdivision made without the approval stamp (visado) required by law.
If the land lacks adequate access to a public road.
If more than one dwelling is to be built on a lot whose dimensions are equal to or smaller than the minimum.
If there is a reservation for public use or a declaration that the area is uninhabitable because of flood or landslide risk.

What other documents are usually requested?

For a single-family home, the Regulations on the Review of Construction Plans (Reglamento para el Trámite de Revisión de los Planos para la Construcción, Executive Decree 36550) require, when the canton does not have a zoning plan (plan regulador) with an integrated environmental component, proof of water availability and of how wastewater will be disposed of, for example through soil infiltration tests (Article 3). Depending on the location, alignment surveys (alineamientos) may be required: for the street, for a river or stream, issued by the National Housing and Urban Development Institute (INVU), or for springs and wells.

Before applying for the permit, you may ask the municipality to indicate the official alignment and grade for your property, and the municipality must do so within the following three months (Article 18 of Act 833).

What happens if I build without a permit?

Anyone who builds without a municipal permit, in addition to paying the fine, will be required to demolish what was built (Article 18 of Act 833). Building without a permit, with an expired permit, or departing from the approved plans are violations (Article 89).

If the work is already finished without a permit, the municipality opens a record and gives the owner a non-extendable period of thirty days to submit the project and the permit application (Article 93). If the owner does not comply, a final deadline is set (Article 94). If the owner still does not submit the project or make the corrections, the municipality orders the defective parts torn down, or does it at the owner’s expense, and may order the building vacated and closed (Article 96). The penalty may be contested within five business days (Article 97). In addition, the municipal official’s decision may be challenged by a motion for reconsideration and an appeal to the mayor’s office (alcaldía), within five days (Municipal Code, Código Municipal, Act 7794, Article 171).

A municipal permit always leaves the rights of third parties, such as neighbors, intact (Article 76).

Practical recommendations

Request the zoning certificate before buying or designing. It will tell you whether the project is feasible on that lot.
Do not rely on “that doesn’t need a permit.” Even minor work requires a municipal permit.
Hire a professional who is a member of the Association of Engineers and Architects. Besides signing the plans, that professional answers for the work before the municipality.
Keep your permits. The plans and the permit must be kept at the construction site (Article 17 of Decree 36550), and they will be useful when you sell or apply for a loan.

Need help?

A denied permit, a shutdown, or a demolition order comes with short deadlines to respond. At Murillo y Guzmán we can review the situation of your land and your project and represent you before the municipality. Book a consultation.

This article is for informational purposes only and does not constitute legal advice for any specific case. To discuss your situation, book a consultation.

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