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Building in Costa Rica
Building in Costa Rica requires navigating a complicated
system of governmental regulations. By law, any application
for a construction permit must be presented by a licensed
architect or engineer. It is advisable to contact a
reputable, licensed architect or civil engineer to guide you
through the construction process.
Architects and Engineers
Architects and engineers in Costa Rica must be licensed by
the Costa Rican Association of Engineers and Architects (Colegio
Federado de Ingenieros y Arquitectos, CFIA). This governing
body establishes a fee schedule that its members may charge.
Most fees are based upon a percentage of the value of the
construction project. According to the regulations of the
CFIA (Reglamento para la Contratación de Servicios de
Consultoria en Ingenieria y Arquitecturra), the involvement
of a licensed architect/engineer in a construction project
is separated into two phases. Phase 1 is construction plans
and permits, and phase 2 is control and execution.
Phase 1. Construction plans and permits. This phase
is further subdivided into several distinct professional
services that can be provided to the client by the
architect/engineer. The percentages cited below are those
that the CIFA has established as minimum chargeable fees.
Preliminary studies: .5%. These studies may or may not be
required, depending on the scope of the project.
Preproject design: 1.0 to 1.5%. Generally, during this
stage, the architect/engineer will meet with the client in
order to discuss the client’s construction requirements.
With this information, the architect/engineer will prepare
drafts of the proposed construction project for review by
the client. These drafts should include site planning and
preliminary work drawings.
Construction plans and technical specifications: 4.0%. This
is one of the most important steps in the overall
construction project since execution of the project will
depend on the quality and accuracy of your construction
plans. Once you and your architect/engineer have agreed on
the layout and design of the project, he or she will begin
drafting the plans. In Costa Rica, a complete set of plans
should include a site plan, distribution plan, elevation and
transversal and longitude perspectives, roof design and
drainage, design of footings and support beams, structural
plans, electrical design, mechanical and sanitary system
design, as well as a plan that details all of the interior
finishings of the construction. The architect/engineer will
prepare a materials list based upon your construction plans
and calculate a construction budget for you.
Phase 2: Control and execution. This stage involves
the actual construction and project supervision. The
regulations authorize three kinds of supervisory tasks, each
of which requires a larger time investment from the
architect/engineer. Inspection: 3 % of total construction
value. Here your architect/engineer will visit the
construction site at least once a week and will inspect it
to ensure that the plan specifications are being followed by
the general contractor. They will also verify the quality of
the materials being used and review invoices being presented
by the general contractor. Supervision: 5%. This requires
more direct involvement by the architect/engineer in the
day-to-day operation of the project.
Administration: 12%. Here, the architect/engineer takes
complete responsibility for the execution and completion of
the project.
The option you choose will depend upon the type of project
involved, the reliability of your builder/general
contractor, and the amount of time you are willing to
dedicate to the construction project. Phases 1 and 2 can
range from 9% to 18% of the estimated value of the
construction project, depending on the amount of services
required. As such, it is common practice to negotiate fees
with the architect/engineer. Most, of course, will be eager
for your business and, depending on the scope of the
project, will be willing to work out an agreement tailored
to your particular needs. Otherwise, have your attorney do
the negotiating for you to ensure that you will get the best
agreement possible.
Before you sign any contract, be sure that you understand
the fee structure and know exactly what is and is not
included in the fee. Likewise, clearly define the
responsibilities that your architect/engineer is going to
assume. Do the same thing with your general contractor and
any subcontractors.
Construction permits.
Before you purchase a lot with the intent of building on it,
you should conduct some preliminary studies on the property
to ensure that there won’t be a problem obtaining a building
permit. First, determine if the lot has basic services such
as water, electricity, telephone and drainage. Second, make
sure there are no restrictions placed on the lot that could
result in the denial of a construction permit. It will not
be enough to check the Public Registry. You should also
check the Ministry of Public Works (Ministerio de Obras
Públicas y Transporte) for future road construction
projects; the Ministry of Health (Ministerio de Salud); the
National Institute of Housing and Urban Development
(Instituto Nacional de Vivienda y Urbanismo) and the
municipality where the property is located. Finally, be
aware of any environmental regulation that may affect your
construction project, such as national wildlife refuges and
areas deemed protected by the forestry law.
Requests for construction permits are filed with the Permit
Reception Office (Oficina Receptora de Permisos de
Construccion), which is a centralized office that houses
government representatives from MOPT (Ministerio de Obras
Públicas y Transporte--roads), INVU (Instituto Nacional de
Vivienda y Urbanismo-housing), ICE (Instituto Costarricense
de Electricidad-telephone), AyA (Instituto Costarricense de
Acueductos y Alcantarillados—water), SNE (Servicio Nacional
de Electricidad-electricity), CFIA (Colegio Federado de
Ingenieros Y Arquitectos) and the Ministry of Health .
For a single family home that measures more than 70 meters
squared (735 feet squared), the applicant must provide the
following documentation: four copies of the construction
plans, four copies of the property cadastre plot plan (plano
catastrado), four copies of the permit checklist (hoja de
commission), two copies of your property deed (escritura),
one copy of the consulting contract with your
architect/engineer (contralto de consultoria), and approval
from the water company (AyA regarding availability of water,
and one copy of your electrical design plan approved by SNE.
Condominium projects, commercial construction, and
urbanization projects all carry additional requirements for
obtaining construction permits.
In
addition to these requirements, you will need to request a
building permit from the municipality in which the property
is located. By law, it is the municipality that is delegated
the responsibility to ensure that all constructions comply
with building regulations (Article 1, Construction Law). You
can, therefore, expect periodic visits to your construction
site by the municipal building inspector, who must certify
that the construction is proceeding according to code.
Whether you purchase an existing property or decide to build
your dream house, be well-informed about the procedures
involved so that you ensure your investment will be a
profitable one.
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