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I am in the process of building a house in Guanacaste. I am all too familiar with the fact that many aspects of a residential construction project, particularly in Costa Rica, can move slowly. It comes with the territory and I accept it. However, my builder and I have been bogged down on a particular issue and I’m wondering if the “fresh eyes” of others in this forum might see a work around to my dilemma. One side of my property is bordered by a public dirt road approximately 8 meters wide. I’ve been told that the standard for this road is 14 meters wide. We have been trying to get the engineer at the municipality in Santa Cruz in charge of such matters to provide the official boundary of the road so that our future construction will not be jeopardized if and when the road is eventually improved. For some time now, this particular individual has not been available or willing to get to the property and establish the boundaries of the 14 meter road width. Any other suggestions on how I should proceed in resolving this issue with the goal of resuming our construction? Thanks.
From having built in GTE for 6 years I have many contacts in Santa Cruz that may or may not still be involved with the Municipal government and could be called upon to assist you. Additionally, several of my oldest friends over the last 15 years are experienced builders and developers out there and they deal with the municipalities every week. Where are you located and who is your builder?
Lotus: Thanks for the suggestion. I have already had a private surveyor stake out the property. My builder is concerned that without a signed document from the municipality indicating the exact location of the 14 meter right-of-way for the road, any construction on my property near the road could be in jeopardy. My attorney backs up this opinion.
Perhaps you could suggest to the official that you could help each other out? remember that a policeman makes about what $300 a month, who could live on that, and I bet the official in question does not make much more. Lets be realistic here, you are only providing incentive to do his job, not asking for anything illegal. You are helping him prioritize his over burden schedule of duties.
The other side is he may not want to get involved in something that might latter come back to haunt him. He may not want to put his OK on the document because he may not know the code or law or he just does not want to take a chance. With the little money officials are paid, they have no incentive to make a delicate call regarding such matters. Did you find this reply helpful?
You bring up a very interesting point of view. However, before considering the first option it’s very important to keep in mind the bigger picture. Is it worth the risk? I believe there are legalities involved. Something not to be considered lightly. Builders can lose licenses and businesses as a consequence of such activities as suggested in the first part of your reply. The second part of your response brings up very valid points for consideration. Thank you.
Bill,
Is there a plano regulador for that area ? If yes, you are intitled to go see it, and you will know where the boundaries are for that road. If there is no plano regulador accepted for that area, I don’t think the municipality will give you any building permits.
Besides, I assume you would not want your new construction to be right next to the road, so if you assume the 6 meters missing for the new road will be right on your property, that will help you chose your building site on your land……If you build this way, and the road never gets to be done, the worst will be for you to have a little larger front garden
Just an idea
Hasta Luego
JoJo:
I am almost certain there is no plano regulador for the section of Playa Flamingo near the beach where I am building. Interestingly, we have received a building permit from the municipality for one of the two structures I am building on the property. We are concerned about one of these two buildings and its proximity to the road. My attorney again confirms that it is in my best interest to get written confirmation from the municipality on the exact location of the 14 meter boundaries of the road before building the structure. As the municipality apparently can have access to a certain portion of my property for the full width of the road. Quite the dilemma.
Bill, Cannot you just go to the municipality and see for yourself that plan where they have that new road, and then you can see if your building is too close or not.
I had a situation like that a few years ago. The plans changed and I lost the first 10 meters of my lot because the municipality thought they would enlarge the road…one day…eventuallyThey did not do anything so far, and it is not likely they will ever do anything. But that 10 meters is off limits for me to build. It doesn’t make much difference for me to build a little further from the beach, I have quite enough space. What about you ? Cannot you change the building location, just to make sure it is not on the way of their plan ? I think it would be much easier than trying to have papers signed at the muni.
I also think there must be a plano regulador and this is how they know there will be a larger road. Maybe it is not approved yet, but you still can go check it out at the city office…. From what I understand, your property is in a concession area, and I don’t understand how the municipality can grant permits without plano, let alone concession….we learn everyday !!!!!
Good Luck
JoBill. The municipality in Santa Cruz does not have a plano regulador for Flamingo. Your area is governed by INVU by-laws. So if you’re seeking info about the road and servidumbres adjacent to your property you will need to send your builder or lawyer to INVU.
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