If you are purchasing a residential home from a Builder/Developer or having a home custom built, the Costa Rica Civil Code in Article 1185, provides you with a Statutory Guaranty of five years from the date of delivery, for defects in materials and workmanship, attributable to the Architect or the Builder. This Guaranty cannot be legally waived by a Purchaser.
However, the majority of residential home property purchases in Costa Rica will involve a purchase from an owner of an existing, fully-constructed home. In this circumstance, having a thorough Home Inspection conducted by a qualified Home Inspector, during the due diligence period provided for in the Interim Purchase Agreement entered into between a Seller and a Purchaser, is an item of particular importance in Costa Rica.
Building Codes and Government Oversight
Costa Rica is located in a seismically active area and a Building Code exists specifying minimum building requirements in that regard. The usual building materials utilized include reinforced concrete foundations and cement block walls, with either clay tile or corrugated metal roofs.
An Architect who is a Member of the Costa Rica College of Engineers and Architects must certify the Building Plans submitted to the applicable Municipality, to receive a Building Permit. There is no requirement that the Building Plans be drawn by an Architect. For all practical purposes, Government Oversight ends at the time of the issuance of the Municipal Building Permit. An Architect may supervise the building process or the process may be left in the hands of the Builder and the Builder’s Foreman, known as the “Maestro de Obras”. There is no requirement for Trade Training in Costa Rica and most trade training is acquired “on the job”. Municipalities rarely; if ever, inspect the residential construction process during the period before completion. Depending upon an existing owner’s personal involvement with the building process of their home, they may have little practical knowledge of the state of the construction or of defects that may exist.
Hiring a Qualified Home Inspector
There are many parties offering their services as Home Inspectors in Costa Rica. However, there is no licensing requirement for such. The competence of the Inspector and the thoroughness of the inspection conducted varies significantly between those who would offer this service. Prior to employing the services of a Home Inspector, a thorough background and qualification check of them should be conducted by a would-be home purchaser. This check should also include speaking with other clients of the Home Inspector as to their satisfaction with the work and services performed. In all respects, the Home Inspector chosen, must act independently of all other parties involved in the home purchase transaction and be dedicated to the interests of the prospective home purchaser.
A qualified Home Inspector will have to be well-versed in the home construction process, including the electrical installation, the plumbing installation, the foundation inspection, and the roof inspection being of top priority.
The presence of mold in some of the more humid areas of Costa Rica must be able to be identified and eradicated to the satisfaction of any home purchaser.
Drainage systems around the home are also of considerable importance in the inspection process to guard against the potential for flooding in the “Wet Season”.
My Opinion
In addition to a prospective home purchaser having their Lawyer check and report as to the State of the Registered Property Title for a property, the Home Inspection is an indispensable part of the due diligence process leading toward the home purchase. Likewise, scheduling Construction Phase Inspections prior to advancing staged payments, are equally applicable in importance when building a home.