by Quatro Legal Real Estate Team | Mar 20, 2026 | Article, Real Estate

 
Land Use Permits in Talamanca’s Maritime Zone: What You Need to Know and Why It Matters

The Maritime–Terrestrial Zone (ZMT) is one of Costa Rica’s most valuable, sensitive, and highly regulated areas. Its natural beauty attracts residents, investors, and developers, but it also demands responsible and compliant management. Under Costa Rican law, each county has the authority to regulate the use and development of its Maritime–Terrestrial Zone through a Coastal Regulatory Plan (Plan Regulador Costero). In this article, we will focus specifically on the county of Talamanca.

In January 2026, the Municipality of Talamanca published a new regulation in La Gaceta redefining how use permits, temporary occupations, and occupation fees must be handled within this coastal zone.

For those who work in Real Estate whether as agents, developers, or property owners—understanding this regulatory shift is essential to operating with legal certainty, clarity, and compliance.

At Quatro Legal, we guide you through what has changed, why it matters, and how to ensure that your properties or projects are properly regularized.

What Is This New Regulation About?

The regulation establishes a clear framework for granting temporary and precarious use permits, as well as for regulating the occupation fee (canon) within the ZMT of the canton of Talamanca. It is essentially the transitional legal mechanism that will remain in place until the Coastal Zoning Plan (Plan Regulador Costero) enters into force.

This means that use permits are not concessions, they do not grant ownership or transferable rights. However, they do allow you to legally occupy and use a space within the restricted area of the ZMT during this interim period.

Who Does It Apply To?

The regulation applies to any individual or legal entity wishing to:

  • Regularize an existing occupation
  • Request a new use permit
  • Develop activities within the ZMT
  • Transfer occupation rights to third parties

Key Requirements for Obtaining a Use Permit

The regulation outlines the documents that applicants must submit, including:

  • A written request describing the current or proposed use
  • Identification documents or corporate representation documents
  • A dully recorded and certified cadastral map
  • A sworn declaration acknowledging the temporary and precarious nature of the permit
  • Proof of compliance with the Costa Rican Social Security Fund (CCSS)
  • A municipal certification confirming the absence of a better right holder
  • A sworn declaration recognizing potential Indigenous consultation processes

Each file will be reviewed by the Legal Department of the Municipal Council and the technical ZMT committee.

Restrictions You Should Be Aware Of

The regulation also specifies who cannot obtain a permit:

  • Foreigners with less than five years of continuous legal residency
  • Foreign companies or companies with bearer shares
  • Properties under dispute
  • Properties located within recognized Indigenous territories
  • Areas located within the Natural Patrimony of the State (Patrimonio Natural del Estado -PNE, by its acronym in Spanish)

Additionally, any administrative action affecting Indigenous territories requires prior, free, and informed consultation, and in some cases, explicit consent.

How Is the Occupation Fee (Canon) Calculated?

The canon is calculated based on several technical criteria, including:

  • District-level land valuation (municipal cadastre)
  • Direct Taxation platform
  • Proposed land use
  • Socio-environmental impact assessments (when applicable, issued by SINAC)
  • Homogeneous value tables from the Ministry of Finance

General Rate

0.25% of the land value per square meter.
There are also exemptions available for low-income families, primary residence uses, and Indigenous community projects.

Why This Matters for the Real Estate Community

For real estate agents, developers, and property owners, this regulation represents a significant opportunity:

Greater Legal Certainty

Regularizing an existing occupation provides predictability and clarity in all property-related transactions.

Increased Marketability and Buyer Confidence
A property within the ZMT that holds a valid use permit is far more attractive to investors.

Preparation for Future Concessions
Once the Coastal Zoning Plan is approved, those holding valid use permits may qualify for formal concessions, depending on what the plan ultimately establishes.

Partner with Experts

The ZMT is a highly regulated, multicultural, and environmentally sensitive area. Handling permits without proper guidance may result in rejections, invalid procedures, or the loss of the opportunity to regularize a long-standing occupation.

At Quatro Legal, we assist you in:

  • Determining whether your property is eligible for a use permit
  • Preparing the application file and meeting all requirements
  • Navigating Indigenous consultation processes when applicable
  • Understanding the scope, limitations, and benefits of the permit
  • Anticipating how the future Coastal Zoning Plan may affect your projects

Let’s Talk
If you would like clarity on how this new regulation may affect your properties, your listing portfolio, or a specific project in Talamanca’s coastal zone, we are here to assist you.
Please contact Alan Elizondo Medina at aem@quatro.legal.

 

Get a free consultation

Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to constitute legal advice. While we strive to ensure the accuracy and timeliness of the content, laws and regulations are subject to change. For the most accurate and up-to-date information, please contact our office directly. Some images may be AI generated.

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