Is the Terrace Yours? Area and Parking in Colombia
A terrace, roof, interior patio or setback may be common property for exclusive use by your unit. This applies in Colombian buildings under the condominium regime (propiedad horizontal) (Ley 675 de 2001, art. 22). Exclusive use does not make the area your private property. It does not allow alterations, building on or under the area, or changes to its use (art. 23). Before paying for the area, check the deed, building bylaws and title certificate.
This is not valuation advice.
What it is
Which area is in the ad?
- Ley 675 de 2001, art. 3, defines two types of private area. Private built area is each unit’s covered surface, excluding common elements within its boundaries. Private open area is private surface that is semi-covered or uncovered.
- Ads often quote a single "area" that may include walls or common elements. Ask which figure it is. Compare it with the public deed (escritura pública), the building bylaws (reglamento de propiedad horizontal), the title certificate and the cadastral record.
- Use the same kind of area to compare price per square metre. Note what each price includes, such as parking or a storage unit.
Who it applies to
Terraces, rooftops and patios
- Common property not needed to use the private units may qualify for exclusive use. Examples include terraces, roofs, interior patios and setbacks. The units that can enjoy these qualifying areas may receive exclusive use (art. 22).
- Exclusive use cannot cover visitor parking, access routes, circulation areas or general-use areas such as community rooms (art. 22).
- The owner with exclusive use must not alter the area or build on or under it (art. 23). The owner must not change its use. The owner must pay certain repairs and any compensation the assembly approves.
Parking spaces and storage units
A parking space or storage unit can have different legal forms:
| Form | Record or right |
|---|---|
| Separate private unit | Its own registry number (matrícula inmobiliaria) |
| Part of the apartment | The apartment’s registry number |
| Common property assigned for exclusive use | Exclusive use |
Ask your lawyer to check the title certificate for each number and what the deed and bylaws say.
Costs
Price and value
Estatuto Tributario art. 90 sets minimum values for a real estate sale price for tax purposes. For tax purposes, a price below cost, cadastral value or self-assessed value is not accepted (Estatuto Tributario). For an independent value opinion, you may hire an appraiser. Check the appraiser’s entry in the open register of appraisers (Ley 1673 de 2013, arts. 5 and 23; search raa.org.co). A broker's price opinion is not an appraisal.
Educational information, not legal or tax advice. For your purchase, ask a Colombian real estate lawyer (abogado inmobiliario) and certified public accountant (contador público). Ask a tax professional and lawyer in your home country about the effects there. Finding trusted services shows how to check that a Colombian lawyer is registered.
Common mistakes
Rooms or roofs added without a licence
- Building, extending or modifying a building requires a prior urban-planning licence (Decreto 1077 de 2015, art. 2.2.6.1.1.1). Building without one is behaviour contrary to urban integrity under the Police Code (Ley 1801 de 2016, art. 135).
- Added space may be absent from the deed, title certificate or cadastral record. You could pay for area you would not legally own. Future buyers, banks and appraisers may value only the legal area.
- Ask the seller for the building licence and approved plans for any change. Ask the building administration about proceedings or complaints concerning the unit. See the renovation permit guide.
Official sources
- Ley 675 de 2001, art. 22
- Estatuto Tributario
- Ley 1673 de 2013, arts. 5 and 23
- raa.org.co
- Decreto 1077 de 2015, art. 2.2.6.1.1.1
- Ley 1801 de 2016, art. 135
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Frequently asked questions
Do I own the terrace of my apartment in Colombia?
Not necessarily. A terrace, roof, interior patio or setback may be common property. Your unit may have exclusive use under Ley 675 de 2001, art. 22. Check the deed, the building bylaws and the title certificate with your lawyer.
Can I build on a terrace assigned for exclusive use?
No. Ley 675 de 2001, art. 23, prohibits alterations and building on or under the area. The owner with exclusive use must not change its use. Any building work also needs a prior urban-planning licence.
Is a parking space a separate property?
It may be. A parking space may have its own registry number or share the apartment’s number. It may also be common property for exclusive use. Ask your lawyer to check the title certificate and the bylaws.
Not sure which topics to raise? Take the quiz. The Colombia Owner Kit (US$79, instant download) turns this guide into a checklist, a calendar entry and a question list: see what’s included. Or start with the free sample: Chapter 4, the due-diligence checklist.