Nicoya Mayor Retracts Order to Not Issue New Municipal Permits to Properties in Nosara with Administrative Warnings

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The order from the mayor of Nicoya, Marcos Jimenez, to not give municipal permits to all of the properties in Nosara that have administrative warnings has now been retracted.

Jimenez confirmed this to The Voice of Guanacaste in an interview on Monday, October 26, in which he explained that they did not find legal reasons to stop the development of the district.

“What we have done is act with legal criteria in each of the cases that have an administrative warning, to see whether it is feasible to make viable any construction project or any investment that they want to make in the area. We have supported this with legal criteria so as not to detain the progress and development of Nosara,” Jimenez said.

The order to not give new municipal permits, such as building, land use and business permits, was given by Jimenez on May 18th during a session of the Nicoya Municipal Council. During that session, the mayor affirmed that no transfers of propert or segregations would be possible either.

“We are going to obey the registry order and this means that, where there is an administrative warning, municipal permits can not be given,” the mayor stated in May.

However, on May 19th, The Voice of Guanacaste consulted the National Registry regarding whether they had ordered the Municipality of Nicoya to not give new permits to those properties with administrative warnings, and the Registry replied that an administrative warning only effects registry publicity and does not affect issuing municipal permits.

“The [National Registry] institution is not freezing any [real estate] process, nor does it have the power to ask other agencies or institutions [like the municipality] to not comply with what the law asks of them,” assured Emilia Segura, spokesperson for the Registry .

An administrative warning only serves to inform third parties that an investigation is in process that will determine whether or not there are registry anomalies, and contrary to how Jimenez interpreted it, it is not definitive and does not freeze property transactions, so it does not suspend building permits, expansions or property sales.

Finally, Jimenez clarified that as long as the more than 600 properties in Nosara that have administrative warnings do not have other registry or legal problems, they will have no problem in obtaining new municipal permits.

“What happens is that, currently, the administrative warnings are being demarcated by the National Registry itself and by the courts themselves, in terms under which it is viable to work with them, as long as they have not assumed any liability of another nature,” Jimenez said.