Property

Costa Rica — Property: Foreign Ownership

Foreigners have the same property ownership rights as Costa Rican citizens for regular titled land (no citizenship or residency requirement, no restriction on property type generally) — the AI draft's core claim of 100% foreign ownership for titled land is correct. The major exception is the Maritime Zone (ZMT): the first 50 meters from the high-tide line is public land that cannot be owned by anyone, and the next 150 meters is held via concession where foreign ownership is capped at 49%. The AI draft's transfer tax figure (3.33%) was incorrect — the actual rate is 1.5%, per Ley No. 6999.

Why this matters

Understanding that foreign ownership is unrestricted for regular land but capped at 49% within the 200-meter maritime zone is the single most important fact for anyone considering coastal property, and getting the transfer tax rate right (1.5%, not 3.33%) avoids a meaningful budgeting error.

Key facts

  • Foreigners can own regular (non-maritime-zone) titled property in Costa Rica with the same rights as citizens — no residency or citizenship requirement, and no general restriction on property type.
  • The Maritime Zone (Zona Marítimo Terrestre, ZMT) — the first 200 meters inland from the high-tide line along the coast — is the main exception: the first 50 meters is public land that cannot be privately owned by anyone, and the next 150 meters is available only via government concession.
  • Within maritime-zone concessions, foreign individuals or foreign-majority companies are capped at 49% ownership; a foreign individual generally needs 5+ years of legal residency to hold a concession directly.
  • The property transfer tax is 1.5% of the higher of the sale price or fiscal/cadastral value (Ley No. 6999) — not 3.33% as an earlier draft stated.
  • Some foreign buyers hold property through a Costa Rican corporation (sociedad anónima) for asset-protection or estate-planning reasons, but this is a choice, not a legal requirement for owning regular titled land.

Steps

  1. Confirm the property is titled land, not a maritime-zone concession — This determines whether standard foreign-ownership rules (no restrictions) or the 49% cap on ZMT concessions applies.
  2. Decide on personal name vs. corporate ownership — Foreigners can hold titled property directly in their own name; some choose to hold it via a Costa Rican corporation for liability or estate-planning reasons, which is optional, not required.
  3. Complete the purchase and pay the transfer tax — The notary closing the sale typically withholds and remits the 1.5% transfer tax to Hacienda before registering the transfer with the Registro Nacional.

Costs

  • Property transfer tax: 1.5% of the higher of the sale price or fiscal/cadastral value

Timelines

  • Property title transfer: Commonly a few weeks to a couple of months, depending on complexity; not a fixed, uniformly published timeline

Required documents

  • Passport
  • Proof of funds
  • Contract of sale
  • Notarized deed (Escritura Pública) for title transfer

Common mistakes

  • Assuming the 1.5% transfer tax is 3.33% (an outdated/incorrect figure) when budgeting
  • Not realizing that 'beachfront' properties often fall within the maritime zone and carry a 49% foreign ownership cap via concession, unlike regular titled land
  • Assuming a Fideicomiso (trust) or corporate structure is legally required to buy regular titled property as a foreigner — it is not; direct personal ownership is standard

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