Build Safely in Costa Rica

Construction contracts and project-risk controls for property owners, investors and developers.

Buying the land is only the first legal decision. Building exposes the owner to scope, price, timing, change-order, payment, permit, insurance, warranty and dispute risk. A project can have talented professionals and still fail because responsibilities were unclear, drawings conflicted, changes were undocumented or payments moved faster than verified progress.

Simple Legal Consulting helps owners convert the project into contracts and controls they can understand before work begins. We coordinate the legal structure with the architect, engineer, project manager, contractor, insurer, bank, escrow provider and other independent professionals.

Start with the legal question, then commission only the technical work the property actually requires.

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Intentional
Structure

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Collaborative
Energy

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Expert
Facilitation

Who We Help

  • Foreign families building or renovating a home.

  • Owners managing a project from abroad

  • Investors and developers constructing residential, hospitality or mixed-use projects.

  • Retreat, wellness and boutique-hospitality founders.

  • Buyers acquiring partially built or recently completed property.

  • Owners facing delays, unexplained cost increases, defects, abandonment or termination.

Before You Sign: Build the Contract Around the Real Project

A construction contract should not be signed until legal documents match the commercial and technical model. Fixed-price, cost-plus, unit-price, administration and hybrid arrangements allocate risk differently. The correct form depends on design maturity, budget certainty, procurement, owner involvement, market conditions and control of subcontractors and materials.

Our pre-contract review may address:

  • Identity, licences, authority and insurance of every contracting party.

  • Contract model and allocation of price risk.

  • Scope of work and exclusions.

  • Drawings, specifications, budgets, schedules and document priority

  • Site conditions, surveys, soil, water, access, utilities and owner information.

  • Permits and responsibility for obtaining and complying with them.

  • Subcontractors, suppliers and owner-nominated vendors.

  • Project administration, approvals, communication and reporting to an owner abroad

  • Advance payments, milestones, certifications, retainage and control of funds.

  • Taxes, duties, price adjustments, currency and owner-supplied materials.

  • Changes, variations and emergency work.

  • Extensions of time, force majeure, suspension and delay consequences.

  • Insurance, occupational risk, site safety and third-party claims.

  • Testing, inspection, punch lists, acceptance, warranties and defects.

  • Termination, demobilization, document access and replacement contracting.

  • Negotiation, expert review, mediation, arbitration or court proceedings

The Property Acquisition Process in Costa Rica. A real estate acquisition in Costa Rica generally involves two principal stages:

1. Lawyer-Led Legal Due Diligence, Coordinated Technical Review and Transaction Structuring

2. Purchase Closing and Property Registration


1. Lawyer-Led Legal Due Diligence, Coordinated Technical Review and Transaction Structuring

This is the investigation and risk-assessment stage of the acquisition. Simple Legal Consulting leads the legal review to determine whether the property is safe to acquire for the client’s intended purpose, under what conditions and with what contractual protections.

The review may involve title, Registry, cadastral, municipal, environmental and transactional information. When boundaries, terrain or development potential are relevant, SLC also coordinates independent professionals to examine the physical and technical condition of the property.

A title search alone cannot confirm that physical boundaries match the cadastral plan, that visible access is legally protected or that the client’s proposed project is compatible with the applicable land-use rules. Likewise, technical findings must be interpreted within the purchase agreement so that any discrepancy results in an appropriate legal response.

Why the lawyer leads the process

The scope of due diligence depends on the property and the client’s objectives. A condominium unit, rural parcel, coastal property and development site require different questions and professional assessments.

SLC leads the process by:

  • Defining the legal and transactional questions

  • Determining which matters require independent professional review

  • Coordinating the relevant specialists

  • Interpreting their findings within the legal due diligence

  • Connecting each material issue to a contractual or negotiation strategy

  • Advising the client whether and under what conditions to proceed

Independent professionals remain responsible for their own methodology, measurements, reports, plans and regulated technical conclusions.

Legal due diligence and transaction strategy

SLC reviews the legal and transactional condition of the property, identifies the principal risks and protects the client’s position through the purchase agreement.

Depending on the property and transaction, the review may include:

  • Title, ownership and registered encumbrances

  • Mortgages, liens, easements, annotations and limitations

  • Contract conditions and due diligence deadlines

  • Legal and physical access

  • Registry, cadastral and municipal records

  • Land-use information and property-specific restrictions

  • Taxes, condominium obligations and local charges

  • Available permits and documentation for existing structures

  • Legal interpretation of independent specialist findings

  • Transaction structure and proposed closing conditions

Coordinated surveying and cadastral review

When physical or cadastral verification is justified, SLC defines, with our internal experts team, the questions that must be answered and coordinates an independent licensed land survey professional.

Depending on the agreed scope, the survey professional may:

  • Verify dimensions, perimeter, area and boundaries

  • Locate reference points and visible physical features

  • Compare field conditions with cadastral and Registry information

  • Identify potential overlaps, gaps or encroachments

  • Prepare elevation data or contour information

  • Support procedures involving segregation, consolidation or area correction

The surveying professional prepares, signs and assumes responsibility for the resulting measurements, plans and technical reports.

Site-potential and specialist review

When the buyer intends to build, subdivide, operate a business or develop the property, SLC helps define the project objectives and coordinate the appropriate professional assessments.

These assessments may consider:

  • Topography, slopes and elevation changes

  • Rivers, streams, drainage patterns and other natural features

  • Vegetation and areas that may require environmental review

  • Legal and physical access

  • Land-use regulations

  • Setbacks, density and maximum site coverage

  • Apparent opportunities and constraints affecting the proposed project

  • Matters requiring environmental, engineering, geological, geotechnical or licensed architectural review

Municipal land-use information may establish maximum site coverage and other development parameters. However, these percentages do not necessarily represent the property’s final buildable area. Water availability, access, environmental restrictions, easements, drainage, slope, soil conditions and other regulatory requirements may further limit development.

Any site-potential review is preliminary and intended to support the buyer’s decision-making. It is not an approved design, permit drawing, engineering opinion or guarantee that a proposed project will be authorized.

From findings to a property decision

SLC integrates the legal review with the independently prepared technical findings and explains how each material issue may affect the purchase agreement, negotiation and closing.

Depending on the results and the rights established in the agreement, the client may decide to:

  • Proceed with the acquisition

  • Request additional information or verification

  • Require corrections before closing

  • Add contractual protections or closing conditions

  • Renegotiate the price, timing or other terms

  • Extend the due diligence period

  • Reconsider or withdraw from the transaction

At the beginning of the engagement, we clarify what the client intends to acquire, how the property will be used, what the seller or agent has represented, whether construction or subdivision is contemplated and which risks would materially affect the investment decision.

2. Purchase Closing and Property Registration

If the buyer decides to proceed after completing due diligence and the agreed closing conditions have been satisfied, the transaction moves to the closing stage.

The transfer is generally formalized through a public deed executed before a Costa Rican Notary Public. The notary prepares the legal instrument, verifies the formal requirements of the transaction and submits the deed to the National Registry.

The closing process may include:

  • Preparation or review of the purchase deed

  • Verification of the parties’ identities and legal capacity

  • Corporate authorizations, when applicable

  • Coordination with escrow providers, banks and other professionals

  • Confirmation that required corrections or releases have been completed

  • Execution of the public deed

  • Payment of the applicable transfer expenses

  • Submission of the deed to the National Registry

  • Follow-up until the transfer is registered

Once the deed has been properly registered, the transfer of ownership becomes effective against third parties.

From Due Diligence Findings to a Protected Closing

SLC does more than collect documents and specialist reports. We turn the findings into practical legal and transactional advice.

Depending on the results, we may advise the client to proceed, request corrections, obtain additional professional input, add contractual conditions, renegotiate the transaction, extend the review period or reconsider the acquisition.

If the client proceeds, SLC helps ensure that the material due diligence findings are properly addressed in the purchase agreement, closing documents and registration process.

What Our Real Estate Legal Due Diligence May Cover

Frequently Asked Questions

Still have questions? Take a look at the FAQ or reach out anytime. If you’re feeling ready, go ahead and apply.

Let Us Identify What Must Be Verified

Send us the property listing, location, property identifier or cadastral plan, intended use, expected closing date and any draft offer or purchase agreement. We will identify the legal starting point and whether independent surveying or other professional input should be considered.

Request property due diligence