INVU reforms housing development regulations and redefines the water component

The Board of Directors of the National Institute of Housing and Urbanism (INVU) approved the reform of articles 6, 13, 18, and 27 of the Regulations for Subdivisions and Urbanizations (RFU), through Agreement No. 14 of the minutes of the ordinary session JDINVU-053-2026, subsection b), dated October 8, 2026. The decision was published in La Gaceta No. 198 on Tuesday, October 20, 2026, pages 46 and 47, with the official reference IN202601133775.

An adjustment to align two regulations

The RFU is the instrument through which the INVU carries out the competencies granted to it by the Urban Planning Law, Law No. 4240, to regulate subdivision and urbanization procedures throughout the national territory. During the first half of 2026, the INVU, the Costa Rican Institute of Aqueducts and Sewers (AyA), and the Ministry of Housing and Human Settlements (MIVAH) carried out a review process regarding the treatment of the water component within those procedures.

The analysis concluded that the certificates issued by the AyA have differentiated technical nature, scope, and effects; therefore, it was advisable to adapt the documentary requirements of the RFU to the categories currently regulated by that institution. The approved text consolidates the technical criteria of the INVU, the contributions of the AyA, and the regulatory proposal of the MIVAH, and seeks to harmonize the RFU with the Regulations for the Provision of Aqueduct and Sewer Services (RPSAyA).

The agreement was adopted with the votes in favor of Eng. Johnny Leiva Badilla, Dr. Eng. Álvaro Guillén Mora, Arch. Juan Carlos Sanabria Murillo, Arch. María Fernanda Durán Baltodano, Lic. Julio Sirias Sandoval, and Licda. Gina Torres Avilés. The communication was signed by the Procurement and Contracting Unit, led by M.Sc. Alonso Oviedo Arguedas.

What changes in the definitions and the water guarantee

In article 6, definition 32) of Land Use Compliance Certifier is removed and subsection 34.bis is incorporated, which creates the Certificate of existence of infrastructure facing the boundaries of a property. This is a technical and legal document issued by the operator that certifies that a property in an urban area has, on one of its boundaries, an enabled public road with indispensable services of potable water, sanitary sewerage, or both.

Article 13, regarding the guarantee of water resources, obliges every subdivision to comply with what is established by the RPSAyA regarding the supply of potable water when the service is provided by the AyA or an ASADA. If the operator is another entity, that operator shall indicate the required technical aspects, and the document it issues must expressly state compliance with article 36, subsection a) of the Urban Planning Law.

Documentary Requirements and Deadlines for Approval

Article 18, regarding simple subdivision, and Article 27, regarding subdivisions through exceptional access for residential use, specify the lists of documents that must be submitted. The requirements include:

• Certified cadastral map of the parent property or cadastral certificate.
• Land use certificate, in the case of exceptional access.
• Georeferenced map according to the current official coordinate system, signed by a professional active member of the CIT.
• Individual surveying maps for each resulting lot, with the minimum dimensions specified in Articles 15 and 26 depending on the modality.
• Certificate of Infrastructure Facing Property Boundaries, which must indicate the cadastral map number and the potable water service number granted by the district operator.

The INVU has 15 business days to grant the approval, counted from the business day following receipt at the Single Window of the Department of Urbanism or from notification via the CFIA digital platforms. If modifications are required, it has a maximum of 8 business days to resolve them. In surveying maps for subdivisions without available services, the responsible professional must include a note conditioning the construction permit upon authorization from the operators.

Impact for Developers and Municipalities

The reform does not modify the legal requirement to have indispensable public services for approval, which derives from Article 36 of Law No. 4240, nor does it reduce the level of protection for water resources, according to the considerations of the agreement. For requirements granted by the municipality itself, the obligation to apply the institutional coordination procedure of the Law for the Protection of the Citizen from Excessive Requirements and Administrative Procedures, Law No. 8220, remains in effect.

The change forces developers, municipalities, and surveying professionals to review their files: the new certificate replaces previously required documents in several scenarios and transfers the responsibility of certifying the infrastructure facing boundaries to the service operator. The reform also sets certain deadlines for INVU approval, providing greater predictability for subdivision procedures throughout the country.

Source: La Gaceta, No. 198, October 20, 2026, Regulations Section, pp. 46-47 (official reference: IN202601133775).