Within the Art. 122 reserves the private party does not buy: it leases from the state through OCRET (the Office for the Control of State Territorial Reserve Areas, attached to the Ministry of Agriculture (MAGA)) under Decree 126-97, the Act Regulating Territorial Reserve Areas. Natural or legal persons may lease; legal persons must be legally incorporated in Guatemala (art. 5, checked in FAOLEX). This is the practical route for beach developments (Monterrico, the Pacific) and for lake shores: an OCRET contract, not a deed of ownership. The OCRET right is an administrative lease, not ownership: it cannot be mortgaged as full title and its renewal is at the state's discretion; Plaza Pública has published institutional criticism of OCRET. The lease application appears in the government's Catalog of Procedures (service 3040).
How do you get beachfront or lakefront land if it can't be bought? What is OCRET?
According to the cited documentsLand and property
Sources
OCRET Marco legal
Decreto 126-97 Ley Reguladora de las Áreas de Reservas Territoriales del Estado
Minfin Decreto 126-97
Catálogo de Trámites Solicitud de Arrendamiento OCRET
Plaza Pública “OCRET y las reservas territoriales del Estado”
