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Real Estate

The real estate and construction sector in Colombia has grown significantly in recent years due to incentives for the purchase of residential properties, the arrival of international players, and the growth of intermediate-sized cities around the country.

When looking to invest in the real estate sector in Colombia or when the investment involves the participation of complex investment structures, rely on the Real Estate & Construction team at CMS Rodríguez-Azuero who will provide you with strategic, efficient, and innovative solutions to structure businesses.

We provide advice in the structuring of projects in all stages, with the premise of achieving legal efficiency, mitigation of risk, and contractual agility, as well as in matters of assets and property, investor linkage, community management and relations with neighbors, insurance management, support in all types of real estate transactions, administration of property portfolios, execution of contracts, property leases, horizontal property and litigation related to the operation of the project.

Additionally, the firm offers advice, regarding license management, management of partial plans, and advice in sanction processes before local, district, and national authorities. We offer comparative legal concepts of urban actions for the identification of generative events, advice on the determination, settlement, and calculation of participation in the added value tax, and the structuration of systems for equitable distribution of charges and benefits.

We also have significant experience advising clients on the review and analysis of concession, construction, design, sales, auditing, and management, among other types of contracts.

Services in the area

Real Estate Law

  • Studies of titles
  • Clearance of encumbrances
  • Contracts for the acquisition of real estate
  • Contracts for the development of real estate projects
  • Contracts for the linking of capital to the development of real estate projects
  • Contracts for hotel, tourism, and commercial management and operation
  • Obtaining and renewing the national tourism registry
  • Fiduciary structuring of real estate projects
  • Horizontal property regulations
  • Reform of horizontal property regulations
  • Manuals of window dressing, coexistence, use, use of common goods, reserve zones, etc. 
  • Advice on horizontal property conflicts
  • Rectifications of boundaries and boundaries
  • Real estate leasing contracts
  • Real estate concession contracts 
  • Participation account contracts
  • Legal diagnoses on any real estate issue
  • Envelopes, disenglobes, lots, and material divisions
  • Partial sales and purchases
  • Transactions and acquisitions of real estate assets
  • Structuring of real estate guarantees
  • Commodatum contracts
  • Constitution and cancellation of easements
  • Constitution and cancellation of usufruct
  • Dations in payment
  • Exchanges

Urban Law 

  • Land use concepts
  • Concepts for the application of urban regulations
  • Legal advice on urban development licensing procedures in all its classes and modalities
  • Filing of appeals for reconsideration and appeals against administrative acts that decide urban development license applications
  • Formulation of opposition in urban development licensing procedures
  • Processing of preliminary drafts on properties of cultural interest
  • Legal advice in the formulation of partial urban renewal and development plans

Police Law

  • Defense in abbreviated verbal police proceedings for urban infractions
  • Filing of police complaints for urban infractions and/or disturbance of possession.

Feed

09/01/2024
Lessor’s alternatives for the termination of an urban housing lease contract...
Have you ever wanted to terminate an urban housing lease contract on a property you own and do not know what alternatives you have? This situation is common amongst several lessors, since, on many occasions...
27/09/2023
Recommendations and alternatives when acquiring a rural property 'as is'...
The Colombian legal system1Article 1889 of the Civil Code: If the property is sold as a specific thing, neither the buyer nor the seller shall have the right to ask for a reduction or increase in the...
16/03/2023
Costs you should consider when buying or selling properties in Colombia
With the entry into force of Law 2277 of 2022, by which the tax reform was adopted in Colombia and with the update of the rates of notary and registry fees for 2023, the costs of the disposal of properties...
09/12/2022
Real estate investment in Colombia for 2023 ¿who will benefit?
Over the last three years, humanity has faced unpredictable and improbable events that have let to economic crisis. Colombia, like all the global economies, have not being immune to its effects, in addition...
15/09/2022
What is the current General Urban Plan (POT) in force in Bogota?
The general urban plan is a tool that leads the organization of the city under a development plan that guides in an adequate manner the transformation that must take place in the city. The period of the...
21/06/2022
The relevance of the real estate sector in the Metaverse
The recent popularity of the Metaverse in the real estate market is growing and many investors are willing to pay millions to be part of this innovative universe. The Metaverse is a virtual universe where...
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, staying ahead of the curve and knowing what’s next for your business or sector is essential. At CMS, we see ourselves not only as your legal advisers but also as your business partners. We work together with you to not only resolve current issues but to anticipate future challenges and innovate to meet them. With our latest publication, CMS Next, our experts will regularly offer you insights into and fresh perspectives on a range of issues that businesses have to deal with – from ESG agendas to restructuring after the pandemic or facing the digital transformation. We will also share with you more about the work that we are doing for our clients, helping them innovate, grow and mitigate risk. To be able to provide you with the best support, we immerse ourselves in your world to understand your legal needs and challenges. However, it is equally important that you know who we are and how we can work with you. So, we invite you to meet our experts and catch a glimpse of what is happening inside CMS. Enjoy reading this publication, which we will update regularly with new content. CMS Executive Team
18/03/2022
Multifamily: the innovative economic activity that deserves to be regulated...
Multifamily, institutional rent or build to rent (BTR) are some of the various names for the new real estate model that offers a complete experience to the lessee. The idea consists in developing housing...
20/12/2021
The co-ownership coefficient and common expenses: equity or subsidy?
Law 675 of 2001, which regulates the horizontal property regime in Colombia, stipulated the system of co-ownership coefficients as a mechanism to determine the participation of the co-owners in de­cision-mak­ing...
11/11/2021
Legal uncertainty regarding the ownership of rural real estate in Colombia
Colombia does not have information that clearly determines the legal nature of rural real estate, since there is no public database that distinguishes vacant lands – which are state- owned - from private...
25/06/2021
Minimum areas in the new Land Use Plan: A disincentive to the construction...
Last May 3, 2021 was published the legislation project promoted by the District Mayor’s Office to pass the new Land Use Plan (“POT”) for the city of Bogota. Since June 2004 the last POT has been...
23/04/2021
The Due Dilligence Of the Trustee in Real Estate Projects
On December 9th, 2020, the Civil Decision Chamber of the Superior Tribunal of Bogotá (“Tribunal”) entered a judgment, as an appeal’s court, in the case initiated by Karen Andrea Vargas Ramirez...