The Ministry of Health, the Benemérito Cuerpo de Bomberos, AyA, and INVU shall accept for processing and review the construction plans under the property in condominium regime and housing developments, upon the presentation by the involved professionals of the plans and the professional services contract, sealed by the CFIA, and the requirements detailed in Article 7 of this regulation. If the project corresponds to a construction for tourism use and is located in the Maritime-Terrestrial Zone duly granted in concession, it shall require review by the ICT, which shall be integrated into the digital platform of the CFIA.
Likewise, these institutions shall have their username and password or valid digital means to enter the system and verify the projects that have been submitted or are being processed.
For the review of plans, the institutions shall have a period not exceeding 15 business days, counted from the business day following the notification by the CFIA platform to the Institutions. The notification date shall correspond to the one registered in said platform. If the documents and plans are in accordance with the provisions established in the current regulations, the institutions shall approve and endorse, as applicable, the plans within the platform through the use of a digital signature. Once approval and endorsement from the competent institutions are obtained, the digital system shall proceed to place the respective stamp on the plans and the professional may continue with the procedure before the municipality.
Once this period has expired without the institutions having reviewed the construction plans, the documentary requirements demanded by Article 7 of this regulation shall be deemed fulfilled, and the plans shall be deemed reviewed, endorsed, and approved, as applicable. The digital system shall proceed to place the respective stamp on the plans and the professional may continue with the procedure before the municipality. Projects located in the Maritime-Terrestrial Zone are excepted from the application of affirmative approval by silence (silencio positivo) in this article.
In the event that the institutions detect non-compliances or inconsistencies in the plans with the legal and technical requirements established by current regulations, they shall issue the corresponding order to cure (prevención) and include it on the platform. All such orders to cure must be complied with by the signing parties to the CFIA professional services contract, which include both the responsible professionals and the owners. The professionals and institution officials shall have a messaging service within the digital platform to clarify aspects of the order to cure issued by the corresponding institution.
The institutions must issue all orders to cure (prevenciones) only once and within the indicated period, after which the system shall not allow the entry of any order to cure. Furthermore, such orders to cure shall be made based on the checklists established in Article 24 of this Regulation, without the possibility of establishing others different from those contemplated in this rule, which shall be available on the web portal www.tramitesconstruccion.go.cr.
When the order to cure from the reviewing institutions has been received, indicating the non-compliances or inconsistencies with the established legal and technical requirements, the CFIA shall notify the professional, the owner, and the other reviewing institutions of this situation by digital means. In this case, the order to cure by the institutions suspends the resolution period indicated in the third paragraph of this article, and the professional shall have a maximum period of 30 business days from the notification of the order to cure to rectify what was indicated. The time taken by the citizen to complete the information shall not be counted within the resolution period defined in this article and is not attributable to the Administration.
Once the 30 business day period has expired without the professional having uploaded the corrected plans and documents to the platform, the application shall become inactive within the platform, which shall be regulated in accordance with the following article.
When the professional has uploaded the corrected plans and documents, the digital platform shall send a notification to the institutions. The institutions may verify that the plans and documents were corrected in accordance with the order to cure and shall have a maximum period of 8 business days from the submission of the documents by the professional to do so. If within said period it is verified that the inconsistencies or non-compliances were fully remedied, the institutions shall approve and endorse, as applicable, the plans within the platform through the use of a digital signature. Once approval and endorsement from the competent institutions are obtained, the digital system shall proceed to place the respective stamp on the plans and the professional may continue with the procedure before the municipality.
Once this period has expired without the institutions having reviewed the corrected plans and documents, the documentary requirements demanded by Article 7 of this regulation shall be deemed fulfilled, and the plans shall be deemed reviewed, endorsed, and approved. The digital system shall proceed to place the respective stamp on the plans and the professional may continue with the procedure before the municipality. Projects located in the Maritime-Terrestrial Zone are excepted from the application of affirmative approval by silence (silencio positivo) in this article.
Likewise, if one or more of the reviewing institutions, before the non-compliances or inconsistencies were not fully remedied, the institutions shall reject the plans within the platform through the use of a digital signature, so that the digital system archives the application and notifies the professional.
Within a period not exceeding three business days after the indicated notification, in accordance with the General Public Administration Law (LGAP), the professional may activate the appeal remedy (recurso de apelación) option within the platform, activating the respective form. Once said form is completed, the platform shall send a notice to the Immediate Superior of the reviewing official, who, from said notice, must resolve within 8 calendar days. If the challenged act is resolved favorably, the institutions shall approve and endorse, as applicable, the plans within the platform through the use of a digital signature. Subsequently, the digital system shall proceed to place the respective stamp on the plans and the professional may continue with the procedure before the municipality.
The foregoing does not prevent the professional from opting for the procedures stipulated in challenge matters by the General Public Administration Law; said procedure shall be suspended until the final act is issued.
The institutions or the interested party must notify the CFIA of the resolution of the appeals, so that the CFIA may continue with the corresponding procedure.