Due Diligence Checklist: 17 points before signing
This is not paranoia. Every point on this list exists because someone signed without verifying it and lost money, time, or both. Do all of them, in order, before putting down the first dollar.
Legal verification of the property
Up-to-date folio real study
Request the property registry study (folio) from the National Registry for the last month. Confirm the seller is the registered owner and there are no liens, mortgages, or marginal annotations that were not declared.
Current cadastral plan
The plan must be registered in Catastro and match the property. Verify plan number, area, and boundaries. If the plan is more than 10 years old or was made outdated by a survey, request an on-site re-staking.
Easements and restrictions
The folio states which easements encumber the property: passage, water, electricity, view, no-build. A 'beautiful' property with a right-of-way easement for a neighbor may stop being so.
Maritime Terrestrial Zone and restricted areas
If the property is within 200m of the high tide line, it CANNOT be sold as private property (it is a municipal concession). If someone is selling you 'beach' in a deed, there is fraud.
Protected areas and indigenous zones
Verify with SINAC and official maps that the property is not inside a national park, forest reserve, or indigenous territory.
Development rights verification
Permitted development plan (The 'Airbnb casitas' trap)
Never rely on a seller's or agent's verbal claim that 'you can build a main house and a few guest casitas to rent out later.' Get written municipal confirmation that your intended combination of a private residence, short-term accommodation, pool, and commercial activity is legally permitted under the specific zoning assigned to that lot.
Zoning Plan and strict INVU regulations
Beyond the basic land use certificate, your legal team must confirm the current municipal Plan Regulador (Zoning Plan). You need explicit confirmation on minimum lot sizes, mandatory setbacks, maximum building coverage (footprint), and height limits. In areas without a local Plan Regulador, strict national INVU regulations apply automatically.
Title restrictions on INVU-granted land
Establish whether the property was originally allocated through an INVU social housing or land program. If so, have your Costa Rican property lawyer thoroughly check the title for transfer restrictions. It is illegal to sell certain INVU-granted properties for a specific number of years, and buying 'rights' to them will leave you without legal ownership.
Physical verification of the property
Surveyor re-staking
An independent surveyor confirms that the boundary markers match the plan. If they don't match, there is encroachment, measurement error, or usurpation.
Water availability letter
ASADA, AyA, or certified well. Without a letter, there is no legal water. Flow must be measured in dry season, not in September.
Access to electrical service
ICE or the electrical cooperative must confirm the service can reach the property. In rural areas, bringing it from the nearest pole can cost US$3,000–US$15,000.
Real road access
Registered public road or recorded right-of-way easement. 'A path that was always used' is not legal access. In the rainy season, that path may become impassable.
Construction inspection
If there is a house: engineer or architect verifies structure, systems, moisture, termites, leaks. Construction in CR: many defects only show up in the rain.
Seller verification and permits
Seller's identity
Valid national ID, DIMEX, or passport. If selling through a power of attorney, read the full document: validity, powers, signature of the grantor. Expired powers of attorney void the transaction.
Owning corporation
If the property is held by a corporation (SA or SRL), request: valid legal standing certificate (current month), up-to-date corporate books, identity of current shareholders, assembly authorization to sell.
Construction permits and land use certificate
Municipality: certified copy of construction permits and land use certificate (residential, commercial, mixed). Without permits, the construction is illegal and can be demolished.
Taxes up to date
Property tax (municipality), Luxury Home Tax (Hacienda), and utilities (water, electricity). Request non-delinquency certificates. Debts transfer with the property.
Financial structure and closing
SUGEF-regulated escrow firm
Money NEVER goes directly to the seller. It passes through a registered escrow firm, which releases funds only when closing conditions are met.
Purchase promise signed by notary
A document setting price, deadline, suspensive conditions, and penalties. Do NOT sign 'earnest money' without a formal promise agreement. A good-faith deposit without documentation is a gift.
Registry inscription after signing
After the public deed, the notary files with the Registry. Inscription takes 1–4 weeks. Until it is inscribed, the property legally still belongs to the previous seller.
Who does this due diligence?
The right approach is a team: registry lawyer for points 1–5, 11–14, and 16–17; surveyor for 6 and parts of 9; water expert for 7; engineer or architect for 10.
The most important: your real estate advisor. In Costa Rica, the profession of real estate advisor is not regulated. This means anyone can sell property without certification, training, or regulatory oversight. Finding a beautiful property is not enough: it's far more important to find a good advisor who coordinates this entire due diligence, verifies every single point, and protects your interests as the buyer. The advisor is the guardian of your transaction.
If you want to work with the verified network we use daily, write to us through Allies or schedule a session through Concierge.
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