I. General Aspects
1. Purpose. The Technical Instrument for Qualification establishes the procedure for the review of condominium plans in Tourist Marinas and Docks.
2. Acronyms. For the application of this Technical Instrument for Qualification, the following acronyms are provided:
- 1)APC: Platform and digital processing modules for construction plans and permits administered by the Colegio Federado de Ingenieros y Arquitectos.
- 2)AYA: Instituto Costarricense de Acueductos y Alcantarillados.
- 3)BCBCR: Benemérito Cuerpo de Bomberos de Costa Rica.
- 4)CIMAT: Comisión Interinstitucional de Marinas y Atracaderos Turísticos.
- 5)CFIA: Colegio Federado de Ingenieros y de Arquitectos de Costa Rica.
- 6)INVU: Instituto Nacional de Vivienda y Urbanismo.
- 7)MEIC: Ministerio de Economía, Industria y Comercio.
- 8)MINAE: Ministerio de Ambiente y Energía.
- 9)MINSA: Ministerio de Salud.
- 10)MIVAH: Ministerio de Vivienda y Asentamiento Humanos.
3. CFIA-Institutions Coordination. CIMAT, MINSA, AyA, INVU, BCBCR, and other institutions that are integrated into the digital project processing shall use the digital processing platform of the CFIA that has been developed for this purpose. The institutions may download the consultancy service contracts and the project plans.
4. Plans: The plans of a project intended to be subjected to the condominium regime in Tourist Marinas and Docks must contain:
A.- Master design plan (Plano de diseño de conjunto): Consists of a master plan showing the different areas of the condominium, including indicating the distance between vertices of the perimeter of the polygon under concession, insertion of the image of the cadastral plan, and a general table of areas. This plan must contain the following data or requirements:
i. Name of the project and name of the concessionaire, identity card number, if a natural person, or legal entity identification number, if a legal entity.
ii. Indicate that it concerns a concession in condominium, integrating a general table of areas that describes by columns: the use of each subdivision (subdivisión), quantity of units (fincas), subtotals, and total area, according to the following table:
General table of areas # 1 iii. Signature of the responsible professional, indicating their full name, professional title and degree, and their registration number with the Colegio Federado de Ingenieros y Arquitectos.
iv. Registration number of the cadastral plan of the property under concession with the Catastro Nacional and citations from the Public Registry of the Concession of the Property that is subjected to the condominium property regime.
v. Administrative location of the condominium indicating place, district, canton, and province in accordance with the Administrative Territorial Division of the Republic.
B.- Master distribution plan and proposed condominium distribution model: Corresponds to the detailed architectural proposal plan endorsed in the Technical Feasibility (Viabilidad Técnica) issued by CIMAT, showing the layout of the subsidiary units (fincas filiales) with their corresponding numbering, as well as the breakdown by general table of the areas necessary for the use and enjoyment of the condominium in accordance with the minimums established by article 3 of Ley 7744 and articles 12 and 13 of the regulation. This plan must contain the following data or requirements:
i. Name of the project and name of the concessionaire, identity card number, if a natural person, or legal entity identification number, if a legal entity.
ii. Indicate that it concerns a concession in condominium, integrating a general table of areas that describes by columns: quantity and areas of the subsidiary units (fincas filiales), type of use, subsidiary unit number, component, coverage percentage which shall not exceed 80% in any case, maximum coverage area in square meters, total private area (área privativa) in square meters, co-ownership coefficient (coeficiente de copropiedad), as well as the color symbology with their respective hatching and components, floor levels, and total area, according to the following table:
For the determination of symbology and hatching designated in the components section (first column), it must be expanded according to the following reference of AutoCAD 2022 parameters:
Note image capture, see download link: https://www.ict.go.cr/es/informacioninstitucional/ comision-de-marinas-turisticas.html#informaci%C3%B3n-y-estudios iii. Signature of the responsible professional, indicating their full name, professional title and degree, and their registration number with the Colegio Federado de Ingenieros y Arquitectos.
iv. Registration number of the cadastral plan of the property under concession with the Catastro Nacional and citations from the Public Registry of the Concession of the Property that is subjected to the condominium property regime.
v. Administrative location of the condominium indicating place, district, canton, and province in accordance with the Administrative Territorial Division of the Republic.
C.- Master distribution plan for docks and services, as well as the proposed condominium distribution model: The presentation of this sheet shall only be required if the option for the development of individualized subsidiary units (fincas filiales) at the berthing positions is considered; it must correspond to the distribution plan of the architectural proposal for docks endorsed in the Technical Feasibility (Viabilidad Técnica) issued by CIMAT, showing a layout of the subsidiary units with their corresponding numbering, as well as the breakdown by general table of the areas necessary for the use and enjoyment of the condominium, including within these plans the following data or requirements:
i. Name of the project and name of the concessionaire, identity card number, if a natural person, or legal entity identification number, if a legal entity.
ii. Indicate that it concerns a concession in condominium with the dock distribution plan and the table with columns indicating: quantity, type of use, area of the subsidiary units (fincas filiales), subsidiary unit number, type of access, level, total private area (área privativa), and the co-ownership coefficient (coeficiente de copropiedad), as well as the color symbology with their respective hatching and components, according to the following table:
For the determination of symbology and hatching designated in the components section (first column), it must be expanded according to the following reference of AutoCAD 2022 parameters:
Note image capture, see download link: https://www.ict.go.cr/es/informacioninstitucional/ comision-de-marinas-turisticas.html#informaci%C3%B3n-y-estudios iii. Signature of the responsible professional, indicating their full name, professional title and degree, and their registration number with the Colegio Federado de Ingenieros y Arquitectos.
iv. Registration number of the cadastral plan of the property under concession with the Catastro Nacional and citations from the Public Registry of the Concession of the Property that is subjected to the condominium property regime.
v. Administrative location of the condominium indicating place, district, canton, and province in accordance with the Administrative Territorial Division of the Republic.
II. SUBMISSION OF PLANS TO THE CFIA
1. Documentary requirements for the procedure of the condominium property regime in Tourist Marina and Dock projects. For the design of project plans in Tourist Marinas and Docks under the condominium property regime, the requirements established in this Instrument and those by the special laws corresponding to these matters must be met, which are detailed in Section 4. "Urbanizations, Condominiums, and Residential Complexes" of the "Manual of Subclassifications of Construction Projects" made official on the site www.tramitesconstruccion.go.cr, in accordance with Decreto Ejecutivo N°33615- MPMEIC- SALUD-MIVAH, "Officialization of the Official Portal of the Government of Costa Rica for Construction Procedures".
In the event that the information indicated in this article is available through digital means or is issued by the same entity that reviews, the institutions must not request it from the administered party, but rather must verify said information internally or through available digital means.
The administered party shall only indicate the control number (official letter number, application consecutive number, or any other corresponding identification number) for its respective traceability.
The digital platform will not allow the review process of any plan to begin if the documentary requirements indicated in this article, as applicable, have not been provided.
2.- Technical requirements for construction plans of projects under the condominium property regime in Tourist Marinas and Docks: For condominium projects in Tourist Marinas and Docks, the technical requirements established by the Regulation to the Law Regulating Condominium Property and the provisions of this Technical Instrument for Qualification must be met.
Additionally, condominium projects in Tourist Marinas and Docks must comply with the technical requirements established in the Regulations of the current Regulatory Plan, or in its absence, in the Construction Regulations of the INVU approved in Board of Directors session No. 6306 of March 15, 2018, and its amendments. Likewise, comply with the Technical Feasibility (Viabilidad Técnica) granted by CIMAT, the standards of AYA specifically the current Technical Regulation for Design and Construction of Urbanizations, Condominiums, and Subdivisions (Fraccionamientos); the current Regulation for the Provision of Water and Sewer Services; the current Technical Standard for Design and Construction of Potable Water Supply, Sanitation, and Stormwater Systems; the current Regulation for the Approval and Reception of Treatment Systems, and the Technical specification for desalination and purification of seawater. Part I: Current general minimum requirements. Furthermore, it must comply with the regulations established by the BCBCR; in matters of prevention, human safety, and fire protection, which is mandatory, and what is indicated by the CFIA for processing on the platform.
3.- Requirements for sub-condominiums in Tourist Marinas and Docks: For the procedure of sub-condominiums in Tourist Marinas and Docks, the presentation of their respective cadastral plan is required, or failing that, the site design sheet of the project approved by the INVU of the parent condominium (condominio madre) that originates it.
In the case of preliminary projects (anteproyectos) of sub-condominiums, it will be required that the preliminary project of the parent condominium be approved by the INVU. To generate a parent subsidiary unit (finca filial matriz) in a sub-condominium, the construction plans approved by the INVU of the parent condominium must be presented. In the case of projects or construction plans of the sub-condominiums, the site design from the construction plans of the parent condominium approved by the INVU will be required.
This distribution must be indicated in a table in the Parent Condominium, which must be previously approved in a Condominium Preliminary Project, Construction Plans, or failing that, in a Modification of the Parent Condominium.
4.- Sealing procedure before the CFIA. To process the sealing of the project plans under the condominium property regime in Tourist Marinas and Docks before the CFIA, the responsible professional(s) must comply with the documentary and technical requirements indicated in this Technical Instrument for Qualification and must submit said information together with the CFIA professional consultancy services contract form.
This process will be carried out through the CFIA's digital project processing platform. To this end, the professional(s) responsible for the design and technical direction must complete the CFIA professional services contract form and send it via the digital platform provided for this purpose. To carry out this procedure, the professional(s) will have a username and access key, or failing that, a valid digital signature.
The CFIA will verify the submission and consistency of the documentary requirements provided by the professional, in accordance with the "Manual of Subclassifications of Construction Projects" and the corresponding project. If compliance in the submission of said requirements is verified, it will be admitted for processing; otherwise, it will be rejected.
The substantive analysis of the documentary requirements shall correspond to the competent institutions: AYA, BCBCR, CFIA, INVU, MINSA.
III.PROCEDURE FOR PRIOR AUTHORIZATION BY THE EXECUTIVE DIRECTORATE OF CIMAT FOR PLANS WITH SUBJECTION TO THE CONDOMINIUM PROPERTY REGIME OF A TOURIST MARINA OR DOCK CONCESSION
1. Prior authorization. In the procedure to develop a concession granted under the Law on the Concession and Operation of Tourist Marinas and Docks, Ley N° 7744 of December 19, 1997, and its amendments (hereinafter Ley 7744), by condominium, the authorization established in article 50 of the Regulation to the Law Regulating Condominium Property must be previously processed before CIMAT, together with the requirements established therein. This application and its requirements may be submitted through the digital platform APC Requisitos of the Colegio Federado de Ingenieros y Arquitectos (CFIA) or whichever is used at the time the procedure begins. Until access to the APC Requisitos platform is available for these purposes, the interested party may submit their application before CIMAT in digital format and send it to the email address: [email protected] 2. Aspects to be verified by the Executive Directorate of CIMAT for the authorization of plans: For the purpose of granting the authorization established in article 50 of the Regulation to the Law Regulating Condominium Property, CIMAT shall verify the following aspects:
a. That the plans must coincide with what is established in the preliminary project (anteproyecto) approved by CIMAT in the current technical feasibility (viabilidad técnica) for the case, or by CIMAT and the Board of Directors of the ICT in those concessions of the Proyecto Golfo de Papagayo. For this, the Executive Directorate of CIMAT shall verify that there are no modifications to the master concept approved in the technical feasibility for the project development, to the polygon of the area under concession according to its cadastral plan, and that the applicant concessionaire maintains the current right of their concession.
For the case of the review of plans for a project of a tourist marina or dock concession located in the Proyecto Turístico Golfo de Papagayo, the Executive Directorate of CIMAT must request the positive technical opinion of the Executive Directorate of the Proyecto Turístico del Golfo de Papagayo, which must render it within 30 business days. This opinion from the Executive Directorate of the PGP shall exclusively address the verification that the plans of the case, within the subjection to the proposed condominial use, are indeed in accordance with the Master Plan of the PGP. The technical opinion must be positive in order for the authorization of the plans to be granted by the Executive Directorate of CIMAT.
- b)The uses and regulations established in the preliminary project (anteproyecto) approved by CIMAT in the current technical feasibility (viabilidad técnica) for the case, according to articles 5 and 8 of Ley 7744.
- c)The application of the technical criteria corresponding to the planning tools applicable to the case, which shall follow the rules established in subsection f) of article 6 of the Regulation to the Law on the Concession and Operation of Tourist Marinas and Docks, Decreto Ejecutivo N° 38171-TUR-MINAE-S-MOPT of October 17, 2013, and its amendments.
- d)What is established in chapter V of the Regulation to the Law Regulating Condominium Property and in its sole annex, and in accordance with the following specifications:
d.1) Compliance with free access components and restricted access components shall be verified according to the general table of areas and location of free and restricted access elements for condominiums in tourist marinas and docks submitted by the applicant.
d.2) For the computation of coverage (cobertura), the entirety of the area registered in the cadastral plan of the concession shall be taken into consideration.
d.3) The area permanently covered by water, as long as it has no constructions, shall be considered as free common area (área común libre) or unbuilt private area (área privativa no construida), as applicable.
3. Flow of the plan authorization procedure before the Executive Directorate of CIMAT: Once the application is submitted in complete form and accompanied by the requirements indicated in article 50 of the Regulation to the Condominium Property Law and in this Technical Instrument for Qualification, the Executive Directorate of CIMAT shall have a period of twenty business days to review it and grant or deny the authorization. In the event that it must be forwarded for the authorization of the Board of Directors of the ICT in those concessions of the Proyecto Golfo de Papagayo, the period established in this article shall be suspended until the file is returned to CIMAT.
In the event that the application is submitted incompletely or with erroneous information, or fails to comply with the requirements established in the Regulation to Ley 7933 and in this Technical Instrument for Qualification, the Executive Directorate of CIMAT may make written and reasoned observations on said requirements, only once and within the period of ten business days following the day of receipt of the procedure. Likewise, in exceptional cases and when it is essential for the resolution of the procedure, the Executive Directorate of CIMAT shall have the power to request expansions or additional clarifications to the information provided in the application, which it shall do in writing, via email, in a reasoned manner, and only once within the period of ten business days following the day of receipt of the procedure. In both cases, the prevention notice from the Executive Directorate of CIMAT suspends the period for the resolution of the procedure and grants the interested party a period of ten business days for its attention, for which it shall indicate to the latter whether to do so through the digital platform "Construction Project Administrator" (Administrador de Proyectos de Construcción, APC) of the Colegio Federado de Ingenieros y Arquitectos (CFIA) or whichever is used at the time the procedure begins.
Until access to the APC platform is available for these purposes, the interested party may submit the documents responding to the prevention notice before CIMAT in digital format and send them to the email address: [email protected] In the event that the Executive Directorate of CIMAT denies an application in a reasoned manner, the applicant concessionaire may re-submit the same, addressing the pending resolution aspects; or file an appeal for reconsideration (recurso de revocatoria) before the Executive Directorate of CIMAT or an appeal (apelación) before the Board of Directors of the ICT, within the three business days following the date of notification of the denial. In the event the Board of Directors declares the appeal without merit, this resolution shall exhaust the administrative route.
Once the plan authorization from the Executive Directorate of CIMAT is obtained, the interested concessionaire must continue with the subsequent procedures in force for the approval of plans (visados de planos) on the digital platform "Construction Project Administrator" (Administrador de Proyectos de Construcción) (hereinafter APC) of the CFIA, under the terms of the following point IV.
IV.PROCEDURE SUBSEQUENT TO THE APPROVAL OF CONSTRUCTION PLANS WITH SUBJECTION TO THE CONDOMINIUM PROPERTY REGIME OF A TOURIST MARINA OR DOCK CONCESSION AUTHORIZED BY THE EXECUTIVE DIRECTORATE OF CIMAT
Procedure. Once the authorization is obtained from the executive directorate of CIMAT, MINSA, BCBCR, AYA, INVU shall accept for processing and shall review the construction plans under the condominium property regime, urbanizations, and residential complexes, with the presentation by the professionals involved of the plans and the professional services contract, sealed by the CFIA. This is in accordance with Chapter V of the Regulation to the Law Regulating Condominium Property.
Likewise, these institutions shall have their username and access key or a valid digital medium to enter the system and verify the projects that have been submitted or are being processed.
V. PROCEDURE FOR PROTOCOLIZATION AND INSCRIPTION IN THE PUBLIC REGISTRY
1. Public Deed. With the plans duly approved (visados) by the INVU, the Ministry of Health, and the respective Municipality, and once the construction permit is obtained from the respective Municipality, the Notary Public must attest to having had in view said plans, which will serve to draft the public deed referred to in articles 2, 3, and 4 of the Law Regulating Condominium Property.
For the case of properties subject to a concession right that are to be subjected to the condominium property regime, the notary public, through the public deed in which the concession is subjected to the condominium property regime, shall provide public attestation of the following aspects:
a. That the authorizations and approvals indicated in the Regulation to Ley 7933 and in this Technical Instrument for Qualification have been obtained.
b. That the concession contract is in force, having viewed the corresponding registries, according to the type of concession.
c. That the provisions of articles 2, 3, and 4 of the Law Regulating Condominium Property have been complied with.
2. Inscription in the Public Registry. The constitutive deed of the condominium property regime shall be inscribed in the Public Registry of Real Property, in the Condominium Property Section, in accordance with article 5 of the Law Regulating Condominium Property, article 17 of its regulation, and in accordance with the stipulations in the Regulation of the Public Registry and the general provisions issued by the Directorate of that Registry.