Propiedad horizontal: revisa tu unidad y lo compartido
Watch the explanation and read its transcript on Propiedad horizontal: revisa tu unidad y lo compartido. To continue your review, also read Comprar una cuota proindiviso: qué derecho recibes y qué revisar and ¿Se puede dividir una finca? UAF, subdivisión y parcelación rural.
Video, transcript and related readingRead the individual folio with the regulations and plans; ownership does not remove shared obligations or permit every proposed building.
Verify that the regime exists and identify the offered unit
A development with a gatehouse and informal management is not necessarily subject to horizontal property. Law 675 provides for constitution by a registered public deed; request that instrument, amendments and information identifying the offered unit. Compare the individual folio, parent folio, regulations and plans. The commercial lot number should connect with the legal description without unexplained gaps. If the seller provides only an interest in a farm, assess whether an undivided share is actually being offered rather than a private unit within the regime. Neighbours and monthly charges are insufficient proof. Obtain an explanation of the unit's origin and the acts establishing its individual identity. For rural land, horizontal property should not be presented as an automatic means of avoiding parcel development or subdivision restrictions. Review should integrate the underlying history and applicable public rules before comparing the price with that of a legally independent lot. The purchaser needs to know which right can actually be registered in their name.
Distinguish private area, common property and exclusive use
Read the classification of assets in the regulations and plans, particularly access routes, slopes, gardens, networks and spaces beside the unit. An area allocated for exclusive use may remain common property and be subject to different conditions from privately owned land. Article 22 of Law 675 addresses exclusive use of common assets under the relevant rules; the label does not authorise its user to sell the area as their own land. Ask the adviser to mark on a drawing what is being purchased and what may be used under another arrangement. If extending the garden or fencing a strip is proposed, identify the procedure and limits before incorporating it into the project. The current fence may differ from the regime's description. Ask who repairs networks crossing the space and how maintenance entry is arranged. Understanding these categories avoids budgeting construction on land whose use depends on shared decisions and obligations. The purchase file should preserve the distinction for future advertising and resale.
Review private rules and public permissions for construction
Regulations may impose design, coexistence and use conditions material to the project. Request the complete current text and amendments rather than only an architectural brochure. Ask who assesses a proposal and which decision records internal approval where required. Separately verify land classification, municipal rules and the applicable licence. Article 99 of Law 388 establishes the planning-licence framework; management approval does not replace the relevant public act. Nor does a licence automatically remove valid obligations concerning common property or the regulations. For a prefabricated home, describe siting, access, utilities and associated works instead of assuming exemption because of the manufacturing material. Obtain answers about the actual project rather than a generic house. Where private and public rules appear incompatible, seek analysis before engaging the supplier. The budget should reflect the conditions the proposal will actually have to satisfy. Keep the internal decision and public permissions in separate parts of the file, explaining how both relate to the same plans and construction scope.
Check charges, arrears and extraordinary expenses
Request the budget, current charges, decisions on extraordinary expenditure and the unit's account statement. Article 29 of Law 675 governs contributions to expenses and solidarity on transfer, together with the relevant declaration in the deed. Obtain management clearance as legally appropriate and review the effect of any debt or missing certificate. Do not assume a vacant lot avoids contributions because it does not use the pool, security or internal road. Ask how liability is calculated and which coefficients or modules apply under the regime and type of expenditure. Assess planned repairs, contracts and the development's arrears: a low monthly charge may coexist with an expensive outstanding project. Distinguish approved expenditure from a proposal still under discussion and preserve the information date. Allocation between seller and buyer needs consistency with obligations towards the association rather than reliance on a verbal arrangement. The purchaser's budget should include ordinary operation and reasonably evidenced future commitments, clearly separating confirmed liabilities from estimates.
Assess stages and promised infrastructure
In a phased development, ask what exists today and what depends on later construction. Law 675 addresses developments built in stages and elements of the regulations and plans; examine how the actual instrument describes that structure. Identify roads, networks, gatehouse and common facilities already delivered, outstanding or subject to expansion. Obtain documents explaining responsibility, funding and handover conditions; a marketing image does not demonstrate completed infrastructure or secured financing. Check whether coefficients or charges can change through contemplated steps and what information a purchaser should receive. If the lot's access depends on future work, include that dependency in feasibility and contractual assessment where appropriate. Inspect outstanding locations and preserve evidence. A partly occupied development may operate while significant obligations remain incomplete. The decision should distinguish operational facilities from promises and from matters lacking permission or sufficient support. Explain how a delay would affect occupation, maintenance and the intended project instead of assuming the next stage will be ready when the house arrives.
Understand decision-making and its records
Request management details and relevant assembly minutes through the appropriate access channels. Law 675 distributes functions between bodies including the assembly and administrator; an answer from a guard or seller does not replace a decision requiring another body's authority. Ask how construction, maintenance, complaints and disputes are handled and which recent decisions affect the lot. Identify litigation or controversies requiring explanation by the association without presenting rumours as confirmed facts. If participants disagree about road use or network installation, preserve the accounts and request the applicable records. Clear regulations also need functioning management and records available through legitimate channels. Assess whether you can meet obligations and participate in decisions remotely. Management quality affects the owner's experience and budget but does not replace verification of the acquired right or guarantee future agreement. The buyer should understand the process for obtaining decisions needed by the project, including what remains dependent on a vote or further documentary assessment.
Example: a common terrace offered as a private extension
A seller advertises a lot with extra space for a terrace. During the viewing, a fenced strip is shown that the development plans classify as common property, although the owner has used it for years. Management informally comments that nobody objects to construction. The purchaser requests the regulations, relevant decisions and planning assessment of the project. The review distinguishes existing use, possible internal authorisation and public permission, revealing that the offer inadequately describes the private area. The solution may involve changing the project or clarifying the transaction rather than adding the strip to the advertised measurement. This hypothetical example does not determine that every terrace or exclusive-use arrangement is irregular. It demonstrates the need to connect each space with its category and supporting evidence. Price per square metre becomes misleading if it combines private land with an expectation of using association property. The revised description should explain exactly what the purchaser acquires and what depends on a separate arrangement.
Complete with records for the unit and association
Before signing, connect the unit's title with the regulations, plans, amendments, account statement and physical handover conditions. Identify commitments concerning infrastructure or outstanding approvals and assess their consequences. The deed and registered outcome should match the right actually negotiated. Afterwards retain management information, use rules and shared obligations with the lot file. When advertising a sale, distinguish private measurements, common areas and exclusive use without offering unverified licences or extensions. This guide received editorial review on 14 October 2026 and has national scope for horizontal property constituted under Law 675. It does not establish that a particular rural holding can enter the regime or approve development. Assessment needs to incorporate municipal, agrarian and environmental rules according to location and project. Purchasing within a development means acquiring a defined right and participating in an organisation whose obligations should be understood before payment. A complete file should make both aspects clear to the owner and a future purchaser.
Regulation and lot-obligations worksheet
Complete this worksheet using registered regulations, plans and management documents. A marketed development name is insufficient: identify the private unit sold and its relationship to common property and expenses.
| Review question | Evidence to record | Next action |
|---|---|---|
| Which registered private unit is involved? | Constitution deed, folio, number, area, boundaries and plans identifying the offered unit. | Compare marketing, title and plans; ask about registered amendments if their descriptions differ. |
| Which area is common or for exclusive use? | Regulations and plans for roads, gardens, networks and assigned areas, with status and use conditions. | Distinguish private ownership from exclusive use of common property before valuing or promising that area for sale. |
| Which expenses and debts need explanation? | Coefficient, budget, ordinary or extraordinary charges, account statement and proposed transfer evidence. | Obtain current records and obligation analysis; no received invoice does not establish absence of debt. |
| Who can authorise the proposed works? | Development rules, affected property, internal powers and public requirements for the actual project. | Obtain each relevant decision through its own route; management and planning authorities have different roles. |
| Are future stages or common works outstanding? | Stage plans, developer obligations, shared networks, handovers and documented future costs. | Connect the buyer’s use and budget with those dependencies before accepting an offer as complete. |
Sources & bibliography
Read the full document, its date, amendments and scope. The editorial review date describes this page; it does not establish an authorisation or a specific answer about your plot or financing.
- 01Ley 675 de 2001 · arts. 4-8, 19, 22-29, 37 y 51; constitución, comunes, expensas y órganosnormograma.superservicios.gov.co · National
- 02Ley 1579 de 2012 · arts. 3-4 y 8; matrícula e individualizacióncancilleria.gov.co · National
- 03Ley 388 de 1997 · arts. 10, 35 y 99; determinantes, suelo y licenciascancilleria.gov.co · National