What to look for when buying a house

perezoso says on Oct 21, 2009, 20:35:

Get some pesos.

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jonny305 says on Oct 21, 2009, 21:42:

location location location

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LA_Love says on Oct 22, 2009, 05:26:

Guide to Buying Costs and Procedures
Total transaction costs are low in Colombia
How high are realtors’ and lawyers’ fees in Colombia? What about other property purchase costs?

Transaction Costs
Who Pays?
Registration Fees 1.5% buyer
Stamp Tax 1.5% buyer
Local Government Taxes 1% buyer
Notary Fees 0.3% buyer
Real Estate Transfer Charge 0.15%
0.15% buyer
seller
Estate Agents’ Fees 3% - 4% ( 16% VAT) seller
Costs paid by buyer 4.45%
Costs paid by seller 3.63% - 4.79%
ROUNDTRIP TRANSACTION COSTS 8.08% - 9.24%
See Footnotes
Source: Global Property Guide

How difficult is the property purchase process in Colombia?
Foreigners can freely buy property in Colombia.

All transfers of title on real estate as well as all encumbrances must be done by public document. All taxes must be paid in order for a transfer to be legally effective. Any document of transfer or judicial decision pertaining to property must be recorded with the Real Property Registry.

The following registration procedures are followed:

Step 1 – Obtain a certificate or Certificado de Tradición about the history of the property for COP 7,000 (US$2.98) from the Registry Office.

Step 2 – Your lawyer will study the property titles, which takes around 5 days to complete and costs around COP 1,000,000 (US$425.17). A certificate from the municipality should be obtained certifying that all municipal taxes on the property have been paid (Paz y Salvo Predial and Paz y Salvo de Valorizacion.)

Step 3 – A preliminary deed or “Minuta” is prepared by the lawyer.

Step 4 – The Notary prepares the public deed. The participation of the notary in the preparation of this public deed is mandatory and his fees are 0.25% of property value. Moreover, the notary will also keep 1% of the value of the transaction from the seller as an advance payment to be applied to the Income Tax (Retencion en la fuente).

Step 5 – The Public Deed must be registered at the Registry Office. The Registry Tax (Impuesto de Registro) is paid. After registration, the new public deed is automatically sent to the Office of the Cadastre to register the change of ownership.

These procedures can be completed in around 23 days.

Sales Tax, or Value Added Tax (VAT), is applicable to provision of services. VAT rate is 16%. However, for rentals of property for housing, VAT is excluded.

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LA_Love says on Oct 22, 2009, 05:27:

The home buying process in Colombia can be a pleasant experience if you want. Just keep in mind some of the Buyers Tips or if you want to buy for investment check this Investors Tips and prepare to make one step at the time.

Let’s get into the business.

I classified the process for buying a home in this 10 steps.They seem to be quite a lot to do, but you will find that is an easy process:


1.-Choose the place.

Do you know enough information about the city you are planning to live or move? Search about the local real estate market you are planning to buy. Get as much information as you can during your home buying. I made a general overview of the best Colombian hot spots.

2.-Choose the project.

When buying a home make a wish list of the type of property you want. See what are the differents types of Colombian properties in offer and make your choice. As an independent real estate agent, I can help you to find the place according to your needs. So take a few minutes to tell what are those special characteristics you want of your home.

3.-Make an offer an negotiate the Price.

In Colombia people usually overprice their properties. So, prepare to bargain. See What you should know about how estimate Home Value in Colombia.

4.-Define your payment method.

Once you agree with the price, It is important to plan in advance your payment method. You can find in this website the information needed to make you decide How to pay for your home.

5.-Sign a purchase agreement

No matter you’re buying or selling. Once you agree with the major terms of the negotiation, make sure it is expressed in a paper. See what a Sales Contract must contain to protect buyer's rights.

6.-Make the closing and sign the deed

See all information I have related to the Closing and Don’t forget to reserve extra money to pay Closing costs .

7.-Prepare to receive your property.

No matter you can or can't come to receive the keys of your property, check out this important Inspection Tips.

8.- Register the property.

You are finally the new owner!, so you must legalize it before a local goverment's office. See what you should know about Recording Title .

9.-Register as a Foreign Investment (Optional)

If the amount of the investment is up to USD$100.000, you can exercise your rights as a foreign investor.

10.-Enjoy your property!!

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LA_Love says on Oct 22, 2009, 05:27:

Once you have choose your project, see how can you estimate home value properties in order to make a good deal. Anywhere you are going to buy in Colombia, make an offer and prepare to bargain!

MAKING AN OFFER
If you have a property that have a good chance to fit your needs, then you'll make an offer to the seller. This simply means telling the seller how much you're willing to pay for the house, if you decide to buy it. You can make the offer even if you're not 100% sure you want to buy the house.

Making the offer also generally doesn't force you to buy the house no matter what. Although your real estate agent can give you guidance about how much to offer, you already have enough information to make your own call. In the majority of cases as buyers we always offer a bit less than the seller was asking.

If you don't want to hassle with negotiation and you think the house is worth it, you can simply offer the same amount the seller is asking. If you want to try to get a better deal you can offer a little less than the seller wants, or perhaps see if the seller will make some other concession, such as paying part of your closing costs or making some repairs.

You can even offer more than the seller is asking. This is obviously unusual, but it happens in hot markets where houses move really fast. If more than one different prospective buyers make offers at the same time, obviously the seller will usually choose the highest offer. In cases like this competitive buyers will try to outbid each other to make sure they get the house.

This is what to consider when coming up with your offer:


• The advice of your real estate agent. An agent certainly is a lot more familiar with the market and the process than you are.

• Your budget. You obviously can't offer more than you can afford, but you should have realized whether a particular house was out of your budget long before it came time to make an offer.

• Payment way. When it comes to the price….Cash got the power! There will be always a 3%, 4%, 5% discount for paying in advance. For under construction or off-plan projects, although prices for new apartments are firm, usually developers give financial discounts for giving the total down payment in advance. But only if you have the cash to pay full price. Otherwise don’t expect a large discount.

• The home value. We all want to avoid paying more than something is worth, and this is especially true when buying a house that you might want to sell someday. But you might ignore this if the property itself is more important to you.
There is nothing wrong with paying more than a house is worth if you really want a house and you can afford it. Of course, even if you are willing to pay full asking price, it usually won't hurt to offer less to try to get a better deal, unless it's a hot housing market where another buyer might outbid you.

Offering more than market value for a home you really want works best when you don't intend to sell the home in the long run. An overpriced home takes longer to appreciate, but if you're not selling it then what do you care?

PRICES
To get an approach of what's a fair price, a starting point is to ask for the average cost per meter in the project and compare it with others in the same general area.

What I know of construction characteristics in the US and Europe, allow me to say for sure that construction quality in Colombia have the same or often better standards than back home. The price for a luxury apartment in a Miami condo doesn’t include any finish characteristics, for example.

So the relation between price and quality is well balanced, compared to what foreign buyers have back home.

Right now the average cost per meter for residences in good condition, varies depending of several factors such location, kind of construction, number of rooms, etc.

For example:
- In the coastal area a property that fronts right to the worth more than one that is across the street from the beach.
- Larger areas cost less per square meter than smaller.
- Condo complex with amenities such as a swimming pool, spa, gym, children playground, dedicated parking space, garden area, etc. will cost more per square meter.
- Quiet locations, with residential profile in appearance but close to shopping malls, will usually cost more than that one’s is in the middle of a crowdie street.

For off-plan projects, developers makes their own market study to get a better approach for their proposed asking prices and features relative to the existing competitive market. Once the above information is analysed, they bring to light the initial pre-construction prices. Prices offered by developer’s sales offices are the same as those offered by all realty agents.

Normally, ten stories high apartment project will take 15 to 20 months for completion. During this time, the developer monitors constantly sales activity and compares it with other nearby or equal characteristics projects.

A developer will raise prices gradually during project construction. Price increasing rate will vary depending on market conditions. If it is a hot market, price could increase as many times during the construction phase at high rates.

If prices do not increase, or if developers offers “too-good-to-be-true” special deals to buyers, could be a strong indicator of an over priced project. This work the same in Colombia, in the United Sates or wherever.

Making an offer and negotiating the price is another favorable way to estimate your home value price. Now you're rready to close the deal.

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LA_Love says on Oct 22, 2009, 05:28:

In Colombia real estate fees and commission for real estate transactions are as follows:
3% for housing ( apartments, houses, urban lots, lofts) upon final value of the deal.

5% for commercial property ( Warehouses, commercial stores, farms, plots of land, rural land) upon final value of the deal.

Who pays the commission?

According to Colombian business custom, unless otherwise agreed differently, real estate fees should be paid by the SELLER or the property owner.

Bear in mind that the value of commission rates are almost half compared with those in the United States or Europe.

When someone doesn’t want to pay for real estate fees, simply makes the deal by his own. However, if you as a seller or buyer want to deal directly, keep in mind all the risks involved.

Just to mention an example. A lady came to me after realizing that the house she has bought 10 years back, was registered in someone else’s name. This happened because when making the record, not verified the certificate issued by the registry office, and they had a bad finger in the identification document. She only realized at the time of wanting to transfer ownership to one of his sons. Fortunately, the mistake could settle in 8 months. In other cases it may take years of legal battles.

Unfortunately, in Colombia there is no strict regulation on the real estate profession . Anyone can create a real estate agency by selling his/her own house. That’s why I’ve found really bad comments at some forums from foreign people who had deal with no professional persons who give a completely bad image to the business and in the worst case scenario turn out to be scammers.

When searching for advice on buying and selling real estate, always consider using experienced professionals and/or companies to avoid headaches and costly mistakes $$$ in the future.

More than a real estate agent I am a real estate consultant. I connect buyers with sellers and put my knowledge and experience to complete the purchase process and everything that it implies in the legal, commercial and taxation matters. My value-added and experience is everything that you can read in my website.

I try to be as clear and transparent in providing information. My detailed personal information is also exposed. Then my reputation and integrity are at stake. I don’t work just take advantage of the moment. My philosophy is to create a long-term relationship with my clients. For me the most important thing is to work honestly and I demand the same of my clients. That is the best legacy that I can leave to my children.

Then if you decide to work with me, you can trust you have chosen wisely. My work ethic is always the same, regardless of the party I'm representing. My job as a consultant goes beyond the payment of some commissions. That’s why I consider my remuneration as professional fees more than a commission rate.

1. As Buyer's Representative
When you as a buyer submit a request searching a property with some special characteristics, my role is to find the property that best suits your finances, family needs and requirements.

Likewise assist you throughout the purchase process from the promise of purchase agreement to the signing of the final deed. My commitment is with the buyer and the ultimate goal is to get the type of property requested under the better terms for the buyer.

My job as Representative of BUYERS includes the following services:

Support at the negotiation stage
Advised during the elaboration of the promise of purchase agreement document, and guidance on the inclusion of right clauses according to what has been agreed.
Title record study and property ownership verification
Up throughout the collection and processing of documents during the purchase process.
Organization and monitoring the financial part of your investment.
Interpretation and translation of documents involved in the deal.
Legal assistance on the terms and conditions of the transaction.
Legal representation in Colombia (if desired) through special power of attoreney to act in your behalf if you can’t be here to signing buying documents (Sales agreement and subsequent deed).
Personal and continuous communication through email or by telephone, on the development aspects of the negotiation.
My professional assistance about properties that fit your needs. Note that this is a professional and not a personal opinion. Buying a house or apartment is a very personal decision. What I recommend may not necessarily like you and vice versa. You are the one who will make the final decision.
Experience and knowledge of local market. Access to information sources about the local market exclusive only for professionals.

I believe that a documented and informed decision turns into a long lasting and fruitful relationship with my clients.


Real Estate Fees
You as a Buyer won’t assume any additional costs, since the value of the commission will be included in the final sale price.

However, if you decide to use my services as your buyer representative, I specifically will ask you to comply strictly with this three conditions:

• Exclusiveness. In this way we make a formal commitment between both parts. Requesting for this service, I know that you are a serious buyer and you are not going to make me waste my time and efforts in the search.

• Seriousness. If you are not sure yet about what you want to buy, take your time to analyze your decision. Once you confirm by email your request, I assume that you are really going to buy a property.

• Honesty. Taking into consideration that in some cases I work with professional partners with whom I have referral agreements, once you have chosen the property that is right for you, I’ll just ask you to bear in mind that this has been possible thanks to our contact through BuyColombiaRealty.com, and you are aware that a clause will be included in the promise of purchase agreement document, stating the value and the way of payment for the total percentage of commission.

To provide you more efficiently my real estate services, please fill in also our Search of Colombia Property Form , giving us the most accurate information you can provide about property preferences.

Include in the general comments any other specific information not included in the form. In this way my results will be more effective. Once you can come to Colombia, you don’t waste your time watching properties that do not fulfil your expectations.

We will handle the search throughout our Colombia Realtors Network, ,and our Colombia Properties Listing.

Do you want me to represent you as a buyer in their search for properties in Colombia? Send me an email expressing your request..

2. As Seller's Representative
You as an owner, besides of Publishing your property on our website, you can use my services to act as your real estate agent for the sale.


Also builders and developers can use our services to market their projects in Colombia on the international market.
In this case our commitment is with the seller, and our job is to sell the property under the conditions set by the seller.


Choosing me as your agent for the sale has the following advantages:

Exhibition of your property on the website with higher growth in marketing properties Colombian abroad. .



Know the advantages of selling your properties and projects through our site.


Our added value to sellers is the pre-qualification that our website makes of potential buyers, saving them time in their search, giving them all the information about the properties we offer. People contacted us because they really want to buy a property in Colombia.

A bilingual real estate agent in Colombia to assist you in the sale, whether you live in Colombia or abroad. Click here to learn about my professional experience.

Real estate Fees
If the sale is conducted through BuyColombiaRealty.com Real estate fees will be the normal commercial rates for real estate transactions in Colombia.


To sell your properties or projects in BuyColombiaRealty.com Choose any of our Online Publishing plans and start to expose your properties in the international market.

3. As Intermediary Between Buyer And Seller.
As an intermediary between buyers and sellers.


In some cases before starting a negotiation, either at the request of the buyer or seller, they could need someone who can act neutrally helping to take the business in place.
When this happens, there must be an agreement between the buyer and seller, to appoint a third party acting as an intermediary.

Once approved by the parties, my job as an intermediary is to act as an information channel of wishes of buyer and seller, helping to negotiate a satisfactory price for both parties, and give my professional concepts on any problems that may arise concerning the sales process, certification of ownership, negotiating terms, legal procedures, etc.

Real estate Fees
In this case the commission is shared between buyer and seller, in proportion 50-50, and must be previously agreed between the parties.


PAYMENT WAY
Real estate fees will be paid:
50% to the signing of the Promise of purchase agreement and
50% at the signing of the deed.

The way and terms of payment of commissions, are set out in the promise of purchase agreement, which is signed by all parties, seller, buyer and real estate agent involved in the sale.

Payment will be made in cash or by Colombian bank management check.




4. Real Estate Consulting for Individual Cases

If you already have chosen to buy a property and has advanced negotiations either directly with the seller or another agent, but has doubts about the legality of the property, the terms and conditions of the negotiation or you want advice in any stage of the buying process, I can help to resolve your concerns through a personalized consultancy by telephone, or via email on your specific request.

Send me an email with your request for advice along with the files or scanned documents of the case.

The fees will be agreed depending on the complexity of the consultancy.

5. Register of Foreign Investment

Once you are the owner of the property, it is recommended to conduct the registration of foreign investment before the Banco de la Republica, in order to obtain the benefits established by Colombia law in this matter.

This procedure goes beyond simply filling out the form No. 11 and should be adjusted according to each particular case.

With the support of our lawyers' office, we will evaluate previously the case documents to determine whether it meets the legal requirements in order to registration will be accepted.

You will have to send us an specific power of attorney document assigning as your representative for this particular procedure.

Once confirmed your request through the cancellation fees, we will send you the format to be able to be legalized in the Colombian Consulate nearest to your place of residence.

Fees
The value of fees for this service is $ 799, payable 100% in advance.

In case where in the preliminary analysis of the documents we determine the feasibility of non-registration for failure to comply with any requirement, the money will be refunded in full.

The Value Of The Word
Our grand parents used to make deals just with a shake of hands. They used to respect and believe in every word they committed to when making a deal, and that was worth more than any legal document.

For me the "value of the word" is also important. Sounds like ingenuous and old fashion these days, but that’s the way I was raised.

Not only Colombians try to find the way to scam other people. Non-ethical people can be found all over the world.

That’s why It could happen that for any reason a Buyer and Seller that have been introduced by this site, agree to make a deal between themselves in order to avoid paying our legally entitled commission. Even though there are several legal procedures to block the sale, or delay the signing of the deed in order to comply with agreed (and it’s our choice to opt for them), our penalty is more simple as effective.

Internet is becoming less an anonymous source. Social networking like facebook, Xing, and a lot of other important sites gives opportunity for people to be known.

So without exception, we will make sure to let every one know through the net and in all related business forums, the dishonest way this kind of people use to make businesses.

And obviously they will not be able to do businesses with us never again. They are the ones who lose in the long run. It’s not nice to talk about these things, but we’re living in a REAL world and not in a VIRTUAL world.

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LA_Love says on Oct 22, 2009, 05:29:

During the last decade, Colombia has made considerable progress regarding its foreign investment legislation. Thanks to suchprogress, these procedures are now much more expedite and less uncertain for investors.

Existing foreign investment law in Colombia has given full legal rights to foreign citizens who want to invest in Colombian real estate.

As a foreign citizen you can buy and own real estate in a safe and confident way.

It used to demand a lot of paperwork some years ago. But now it is much easier for foreign citizens to buy real estate in Colombia!

Colombia Law benefits international real estate investment by:

� Allowing a foreigners to buy, own, record, sell or rent real estate without limitation and return the sale proceeds to their country of origin.

� Eliminating former documents require to act as a business permanent person.

� Repealing a constitutional provision that empowered the Colombian government to confiscate foreign-owned property without providing any compensation.

� Stability. Investment reimbursement and profit remittance conditions in force on the date on which investments are registered may not be modified in any way that may be detrimental to the investor.

� Protecting Ownership rights. Private ownership and other rights acquired may not be disavowed or breached by subsequent laws except for public utility orsocial interest reasons. In any case, expropriation for public utility or for social interest reasons is guaranteed to be conducted through a proper process and with adequate indemnification.

You have the same rights as if you were a Colombian Citizen !

Who is a foreign Investor?
Foreign investor is understood to be any individual not residing in Colombia and any foreign corporation, investing resources from abroad in the country.

It is presumed that a person shown as a foreign investor in the various forms used for registration with Banco de la República (Colombian Central Bank) is a non-resident.Nevertheless, all such persons must keep the documents evidencing their nonresident status.

For the Colombian foreign exchange regime, loans and operations implying foreign indebtedness do not constitute foreign investment.

The old law required foreign citizens to have a local foreign ID ( Cedula de extranjeria), or have someone with a Cedula, to act as their official agent, when signing the deed.

Now you do not need a cedula or visa, just your passport with a valid Tourist 60 or 90 days stamp. The Notary will ask you this at the moment of signing the Deed (Escritura).

Types of foreign investment
The Colombian legislation contemplates two types of foreign investment: direct foreign investment and portfolio investment.

Acquiring real estate, stock certificates in real estate securitization processes or real estate funds, is considered as a DIRECT FOREIGN INVESTMENT.

Investment Methods
In Colombia, foreign investment may be made through various methods:

· In cash, by importing foreign currency to be converted to local currency, whether to invest directly to a company's corporate capital.

. In kind, through either tangible or intangible assets.

. By capitalizing resources in local currency with a right to be drawn abroad


For real estate purposes, paying in cash with foreign currency is the most common way to pay.

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LA_Love says on Oct 22, 2009, 05:29:

The sales contract or Promise of Purchase

Once you agree upon the price then make the sales contract. In Colombia verbal and written agreement have the same enforcement, but in real estate businesses is always better to make a written agreement to assure buyer's rights.

This is a “Promise Purchase Agreement”, where both parties can defined the terms of the negotiation and it will serve as a model for the final deed.

It has to include at least :

Buyer's and Seller's I.D numbers
Price
Title Recording
Time and way of payment. Down payment is usually about 20% to 30% of the price agreed.
Property’s boundaries
A penalty clause in case of either the Buyer or the Seller breaks the deal (about 50% to 100% of the down payment).
Commision plan if a real estate agent is used
To Sign a purchase agreement gives the Seller time to bring the property up to the agreed condition, and to pay past due taxes, utility bills, or move out if that's the case.

The Buyer uses this time to arrange for funds, prepare a trip, or name someone else to act as his representative to complete the sale.

The buyer can sign either directly or through a third party representative. In the later case, the buyer must provide a special power of attorney to his or her notary, who must have a proof of certifiable Colombian identification to sign the contract on the buyer's behalf.

The power of attorney needs to be signed by the buyer before a public notary unless made abroad in which case you have to go to the nearest Colombian Consulate in your home country to legalize the document and your signature.

A power of attorney that is signed abroad is considered valid if legalized by the Colombian Consulate.

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LA_Love says on Oct 22, 2009, 05:30:

What is all about Recording Title?

Recording title is a way to track the chronological chain of the property's ownership.
Be sure everything is clear before signing any purchase agreement.

One of the most important thing to do before buying real estate is to check the title records to ensure that the property actually belongs to the person selling it and that it is not subject to any liens or other financial attachments. You can follow the chain of sales and transfers of the property - from the original grant of the land all the way to the current owner. This is call title study ( Estudio de titulos).

This is a procedure to do before signing the purchase agreement. In fact a purchase agreement must contain a clause briefing the property preceding ownership .

When using a mortgage loan, banks makes that for you with its own legal staff.

The cheapest and simple way of doing this is requiring the seller to provide the property’s ownership history and a no-lien certificate (Certificado de tradición y libertad), which should date back not more than one month. This includes the property’s real estate registration number, owner’s name, and the property’s record summary.

The certificate cost is around COP$7.000. to COP$10.000 ( US$4 to US$6) depending on the city.

Requests for the ownership history and no-lien certificate of the property can be made at the local Government’s records office (Oficina de Registro de Instrumentos Publicos) in the area where the property is located.

Additional to this the clearances of all the taxes can be ensured by obtaining an account statement of the property from the treasury office (Oficina de Catastro) of the city or district where the property is located.

After checking the title record, we could have two possible scenarios:

If there are no liens against the Title, the sale can proceed.
If there are liens against the Title:
You can commit the seller to clean up the property’s liens before you sign the purchase agreement.
You can settle a clause in the purchase agreement with a time limit committing the seller to clear up the property. Then an initial down payment of 20 to 30 percent of the sale price is used by the seller to clear the liens and other charges such as unpaid municipal taxes, public utilitie, etc.
How can I made the recording of the Title?

When you get the deed from the Notary’s office, you should record it at the local government's records office in the city where the property is located. The purpose of recording the deed is to give "notice to the world" that you now have an ownership interest in that particular piece of real property.


So, You have to register your deed before the Registry office of Public Instruments . Righ there, you have to pay city and state taxes (Boleta fiscal). You left some extra money right?

REMEMBER: Once issued the deed, you have two months to manage your legal validity before the Government’s Registry office



Title will be recorded in the name of the Buyer at the Government’s Records Office. This could take about a week or five business days.
At this time the Buyer can claim the documents showing that title has been legally transferred to the Buyer.

After the deed is released by Registry office, It is recommended to ask for another title certificate updated (the one that cost US$4) to confirm that the process was made properly and the property is finally registered at your name.

We had a case in which the owner realized 20 years after buying the home, that the recording was made wrong and the property was registered at someonelse's name!!. Just because the government’s office changed a single ID number. They never asked for a title certificate, because they did'nt need it before. Yeah that could happen.

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LA_Love says on Oct 22, 2009, 05:30:

Closing procedure and closing costs in Colombia

Making the closing is the proverbial "signing on the dotted line." Prepare to pay for closing costs.

Closing procedures will vary according to buyer and seller wishes. In some cases, the buyers and sellers (as well as their Real Estate Agents) will all attend the closing. In other cases, each one present separately. The closing will take place at a Notary’s office. In general, though, the closing will be attended by all of the buyers involved and their Real Estate Agent, who has reviewed all of the components of the sale contract and who is the one who will say "sign here" more times than you have ever heard in your life.

To get everything ready before attending the closing, the following documentation has to be delivery at the Notary's office to elaborate the final deed:

Certificate of tradition updated no greater than 30 days. When buying new home from developers they must provide this information.
Photocopy of buyer’s and seller’s ID.
Power of attorney issued by the buyer, if applicable
The Purchase agreement or sales contract
Tax free property certicate (Paz y Salvo Predial) which indicates that all municipal taxes on the property have been paid.
Tax free value gain property certicate (Paz y Salvo de Valorización) which indicates that all taxes related to the increases in the value of the property due to improvements at the local area have been paid.; generally levied by all municipalities.
If the property is subject to a condominium regime (in the case of condos or houses in a residential complex) a payment certificate saying that all maintenance and other fees are up to date. Alternatively, the seller may submit a notarized copy of the public deed that contains the condominium or association rules governing the property.
For used properties, the effective document of deed of the property.
Do you think is quite paperwork? Don’t worry. If you have done things properly since the beginning, all those papers come alone in the process.

Besides, you already have a professional bilingual real estate agent by your side. Right? So you just have to worry about arranging of the trip and coming to sign.

Notary office takes 1 to 2 business days preparing the deed. After this time, the document is ready to be signed and you had the time for collecting closing costs.

The notary's office gives both parties about 8 to 10 business days to sign it.

Be sure that your name and I.D is well written before you signing it. Any mistake in the deed will give rise to make a correction so come back to the Notary office and sign again.

At the Notary’s office:

Both Seller and Buyer sign and finger print.
The Buyer must be ready to pay Seller balance of the sales price. Normally buyer has already paid to seller before meeting at the notary’s office the total amount, via a money transfer, Cashiers Check drawn on a Colombia bank, or cash.
Seller pays for, and presents to the Notary, the proper amount of Sales Tax
Buyer pays the notary’s fees agreed in the purchase agreement.
Within a time maximum of 48 hours the Notary's office usually sends off Three copies of the deed. One of this is for the legal Registration at the Government’s Registry Office.

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LA_Love says on Oct 22, 2009, 05:31:

Home Buying Tips for Colombia Real Estate

But sometimes is not that obvious. Especially if your buying in a foreign country and you have to deal with language an legal differences. I tryied to brief some of the home buying tips in the following ten points.

1.- Always look for a real estate professional.
It’s the first thing to do when buying a home overseas. That will help you to avoid headaches. Get yourself a professional one, look at the websites; a good one will seem genuinely concerned about informing homebuyers. You will be temped to ask the aunt who lives there, or the retire father’s friend, that can help you to buy real estate in Colombia and save some money. An experienced agent will help you to find the right property and take the headache out of property searches especially if you do not speak Spanish. You can go by your own also. But think it harder before you do it. As we say here “the cheap thing turns out to be expensive”

2.- Information, Information, Information.
Gather enough and accurate information about the local market, the local economy, and whatever you need to make you feel confident. You don’t need to become an expert in Colombia. But becoming familiar with some basic aspects, will give you a general view about how the home buying market is working. Compare prices, know what are the best areas, interest rates, types of construction, etc. That’s what this website is about. Provide the most valuable content to help you make a decision. You can keep up-to-date with real estate market news and related issues by subscribing to my free e-zine.

3.- Narrow your location choices to just a few places.
You can be overwhelmed by hundreds of projects posted on the net. Once you have a local overview, you can star narrowing your choices. This is especial important in big cities like Bogotá or Medellin. In small towns like Bucaramanga maybe it’s easier to choose. Prioritize what it is important for you when making the home buying decision. Nearby your work place, schools, shops, amenities, etc. Make sure surrounding properties are of a similar standard and size.

4.- Think of future resale value or if it will make a good rental.
This is important especially if your buying as investment purpose or a temporary living. Not necessarily the bigger the house the better to sell. In Colombia two or three bathrooms apartments properties have the quickest sell-on value. At decision time usually women have the last word, so a big kitchen is a must and two bathrooms it’s a plus.

5.- Get some local legal advise.
Commonly people in Colombia don’t use an attorney when buying a home. Normally Notaries gives you information about all related clauses included in a deed. But to foreign buyers could be relevant to have professional advice in tax and overseas investment related issues. I’m not an expert in this field but of course there are plenty of very good professionals in this subject.

6.- Be sure of what you really want.
Sometimes we even know what we really want. But Take your time to think about it. Make a priority list of your home wishes. Determine your housing needs. Apartment, house, studio, loft, condo. Is it a holiday home?; a temporary home or an investment. How important are the amenities. Are you looking for short-term gain or regular long-term income? If buying for investment, it is important that you understand the risk factor and you are comfortable with it.

7.- Stay focus. Don’t waste your time.
You will be tempted to buy something that is not what you really need. You don't want to be wasting time viewing property that is wholly inappropriate or completely unaffordable. However, you must go looking for your home with an open mind. You'll soon realize that it is virtually impossible to find exactly what you want, so you may need to compromise on some issues, you prioritize your requirements.

8.- Stick to your budget.
Stay within your budget and consider what you are buying and allow for extras. Consider future expenses as maintenance fees ( the more amenities the higher maintenance fees, or the more the number of units per community the lower the fees), taxes ( higher strata pays more property tax).

9.- Check taxes, and foreign investment laws.
Make sure you are aware of foreign investment law and tax implications involved. Sometimes you can miss some benefits you have as a foreign investor.

10.- When you find a property negotiate your best deal.
Use the information you have acquired and always ask for a discount ! When buying a home directly to the owner, he/she normally will tend to overvalue his property because the buyer always undervalue it. So a seller usually will expect a lower offer for his property. Unless the asking price is follow by the words "not negotiable". For new developments and off-plan projects prices are fix. But you can always get financial discounts depending on the payment proposed.

Some of this home buying tips are the same as in your home country. But when buying a home overseas it's a must not to skip them away!.

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Aji1 says on Oct 22, 2009, 05:55:

This infomercial has been brought to you by LA_Love...

I did not see anything addressing the easiest way to navigate through the draconian Colombian banking system explaining how exactly you are to move your foreign money quickly and easily into the country to actually execute the purchase.

But then I think I nodded off at one point of the commercial, so I may have missed that part...

I know not what course others may take; but as for me, give me liberty or give me death!

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Gator says on Oct 22, 2009, 08:02:

Me too, Aji, but a great cut and paste job.

My advice would be to rent for at least four months in the general area of interest and look hard-you talking about a house in the Gringo [pfram of mind or and apartmento (Condo) ?

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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MaBarker says on Oct 22, 2009, 09:05:

This is great information from LA LOVE, thanks.

No matter where I bought in Bogota, I was always 'surprised' later, with something I learned about the building or neighborhood. Gator makes a good point about renting in the area first, if possible.

"I come to praise Darloup, not to bury him'............Julius Caesar

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vicshere says on Oct 22, 2009, 15:20:

real estate agent trying to make a buck they are the same all over...spam a board with dumbass information

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bam m says on Oct 22, 2009, 20:31:

another country !!

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manINred says on Oct 22, 2009, 20:36:

so to sum up LA LOVE.

Look for a bubble and buy right before it bursts?

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bam m says on Oct 22, 2009, 20:37:

buying in colombia is like puerto vallarta.....just for fun...

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makopp5 (☼Travelguide writer) says on Oct 22, 2009, 20:40:

bam m says on Oct 22, 2009, 20:45:

Lo cap investors made some money in the us in the past 5 years....true.... RE will have no return in the next 10 years anywhere in the world.....buy to enjoy your place....but the bobos that "flippped" homes and thought they were of genius caliber are meeting with banks in forclosure now....

as soon as i heard the term "flipping" homes about 8 years ago...and the people that were using the term...it was easy to see that it was a fast track to BK....and i hope they all rot in their BK with 0 credit...as they never deserved to be playing in a game with millions.....frauds, fakes and liars...."flippers" ahahahaaahahahah

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jonny305 says on Oct 22, 2009, 22:29:

Bam many people are losing homes not just flippers im one of them and its not ahahahaaahahahah
i hope colombia doesnt have the same disaster

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excavator59 says on Oct 23, 2009, 06:03:

Check the water bill as apparently the person on the bill has the right to the water,I just kept paying the bill in this other guys name I asked to change it at the water board offices but as per usual not that easy I have to go to some register office to get a list of the old owners & ask this guy to transfer the right of water(as I understand it)But generally a lot quicker to buy & do all the paperwork we saw/bought transferred papers etc moved in in 2 weeks(would have been quicker but the old owners brought the wrong papers one day.This compares in England to around 6 weeks(Obviously somebody missed this water thing I DON'T THINK IT'S A PROBLEM UNTIL WE COME TO SELL SO BEWARE OK?

Life is like a Pubic Hair on a Toilet Seat (Sooner or Later you get Pissed Off)

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Darloup (☼Travelguide writer) says on Oct 23, 2009, 17:33:

Gator says on Oct 23, 2009, 18:11:

That's the second jab in three day Darloup, what's your problem. Was it because I wouldn't accept you as a friend????

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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barrumundi says on Oct 23, 2009, 21:19:

LA love's post comments may be a blatant infomercial and it was obviously cut & paste.....but so what.....it is relevent and very helpful information for anyone wanting to purchase property in Colombia. Thanks LA love.

http://poorbuthappy.com/yourthing/post/uploading-photos-for-dummies/

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miamimike says on Oct 23, 2009, 22:14:

Have a trusted Colombian Friend(lawyer, bankero, contador ect) negotiate the Price. Remain in the background as the money person 'til its time to sign and the deal is done. Careful of the Gringo Price,,,Do your due diligence,,Caveat Emptor

Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte después Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte de

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vicshere says on Oct 24, 2009, 04:53:

mike thats better advice than all the spam above

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miamimike says on Oct 24, 2009, 07:56:

THx Vic.True 10 years ago and still true today!

Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte después Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte de

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MartinCartagena says on Oct 24, 2009, 11:08:

All good advice, however there is one thing that is very important and not many buyers find out about it until it is too late. “Noise” Acceptable noise levels for Colombians and way higher than Americans and Europeans. Noise comes in many different types. Some is constant like traffic. Other is inconsistent like music and the worst, construction or remodeling in your very own building. Bang, Bang, Bang all day, day after day, week after week, it can go on for many months just for one apartment.

Here at the beach in Laguito, the nights are very pleasant with the sound of the waves lulling you to sleep. That is until Holiday weekends and High Season There is a beech bar just down a little from me,. They have a contract with the chiva buses. The buses stop in, have a drink, reload and move to the next location. All is quiet, you are peacefully sleeping or just in bed early. Then at around 10:00 pm, they turn on the music, loud banging, head splitting, accordion crap! The chiva rolls in, they stay 20 minutes, they leave and all is quite again. Like nothing has occurred. On holiday weekends and high season, this can go on 4 or 5 times a night until 2 in the morning.

I suggest you visit your potential new home at varying hours of the day and night. Look at traffic patterns, bus routes, close by discos, or bars or the local tienda and so on. Do not bother asking the locals, they will always say it is very quiet as they turn up the amp on the salsa music to drown out the car alarms. I was in a hotel in Riohacha last weekend; there were giant speakers in the beach blasting crazy loud music. I asked when the music ends. The bellman said by 2am.. I asked about a quieter room, his solution was to turn the noisy window air conditioner to high so it drowns out the music.

Crazy loud……

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miamimike says on Oct 24, 2009, 12:35:

MartininCartegena--Good point on the Noise! Noise can be fun to go to at a Party but hell to live with next door or down the Hallway. If I hear noise in around my Condo after 11 pm, I simply call the Police and End of Problem. Not so in Colombia~

Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte después Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte de

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span_colombia says on Oct 24, 2009, 15:28:

martin - yep, I would consider noise to be the #1 concern in buying or renting a place long term

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Gator says on Oct 24, 2009, 16:20:

I don't think anyone said it was not helpful

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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theflatline says on Oct 24, 2009, 18:42:

Actually,

You can live in a place where you do not have shitty neighbors who do not party until 7 am.

Legaleez for Complete Morons - A book for gringos in Colombia for who think they understand the nature of the law in a country where they cannot speak the language.

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theflatline says on Oct 24, 2009, 23:17:

Heat? In Manizales? In Medellin? In Bogota? Plenty of nice cool places in Colombia.

Legaleez for Complete Morons - A book for gringos in Colombia for who think they understand the nature of the law in a country where they cannot speak the language.

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hiker says on Oct 25, 2009, 02:35:

Martin Cartagena , thank you for commenting about the noise , actually this is going to be my number one concern , I told my Barranquillera wife about it and she knows that I can't tolerate noise. And I have an agreement with her that if I find Barranquilla to be noisy , I am leaving her ass there and heading maybe to the interior where I assume less noisy . I can tolerate the heat , all I have to do is crank up the air condition and don't go out till 4 p.m . But noise !!! oh God help me with that!!!

How about doing some reconstruction of my rental, or ownership condo , can I make my place sound proof ? any suggestions?

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LA_Love says on Oct 25, 2009, 07:42:

IF you are going to rent a house

Rental system is neutral to pro-landlord

Rents: Can landlord and tenant freely agree rents in Colombia?
Lease agreements can be made orally or in writing and rents can be set freely by agreement between landlord and tenant, though the monthly rent cannot exceed 1% of the commercial value of the dwelling or of the part of the dwelling subject to the lease. Such commercial value cannot exceed two times the cadastre value of the dwelling at the time of the contract.

The rent can be fixed in any currency but, if fixed in a foreign currency, it has to be paid in Colombian pesos at the market exchange rate in force at the time of the contract, unless otherwise agreed by the parties.

There can be increases in the rent every 12 months of execution of the lease agreement. The increase cannot exceed 100% of the Consumer Price Index for the immediately preceding calendar year. In any case, the new rent has to conform to the parameters set forth above as to the limits of the initial rent.

If the tenant believes that the increase made by the landlord exceeds market prices, he has 6 months to request a revision before the Mayor’s Office of the city where the dwelling is located.

Deposits
Deposits for lease agreements are prohibited in Colombia. The law also forbids landlords from requesting liens to secure payment of tenant’s contractual obligations.

What rights do landlords and tenants have in Colombia, especially as to duration of contract, and eviction?
Landlord and tenant can freely agree on the duration of the lease. If no specific duration is mentioned, the contract is understood to be for one year. Unless a notice of termination is duly sent, the contract will be renewed for successive equal terms if both parties have complied with their contractual obligations and the tenant accepts the increases in the rent authorized by law.

At any time, the parties can mutually agree to terminate the contract.

The landlord can unilaterally terminate the contract:

•If the tenant is not complying with his obligations, e.g., if he defaults in rent payments or public utilities payments.
•If the tenant is not in default, the landlord can terminate the contract during the renewal terms (not during the initial term) by sending him written notice of termination to the tenant 3 months prior to the effective date of termination, informing him that the indemnification ordered by law will be paid. Such indemnification, equivalent to 3 months of rent, has to be deposited before the entities authorized by the government, which will then forward it to the tenant.
•Likewise, the landlord can terminate the contract at the end of the initial term or of any of the renewal terms by sending written notice to the tenant 3 months prior to the date of termination of the contract, if: (i) the landlord will need the dwelling for his own habitation for not less than 1 year; (ii) the dwelling has to be demolished to undertake a new construction; (iii) the dwelling has to be emptied to be repaired; or (iv) the dwelling has been sold and it has to be passed to the buyer (in this case the landlord does not have to indemnify the tenant so long as he complies with the three months notice period).
•The landlord can also terminate the contract if it has lasted not less than 4 years, by paying an indemnification equivalent to 1.5 months of rent.


Similar provisions apply to termination of the contract by the tenant.

•The tenant can unilaterally terminate the contract at any time if the landlord breaches his contractual and legal duties, e.g., when he interferes with the quiet enjoyment of the dwelling by the tenant.
•The tenant can also unilaterally terminate the contract during the initial term or any of the renewal terms by sending written notice of termination to the landlord 3 months prior to the effective date of termination, informing him that the indemnification ordered by law will be paid. Such indemnification, equivalent to 3 months of rent, has to be deposited before the entities authorized by the government, which will then forward it to the landlord.
•Finally, the tenant can terminate the contract at the end of the initial term or of any of the renewal terms by sending written notice to the tenant 3 months prior to the date of termination of the contract. No indemnification is required in this case.

It should be noted that the tenant will be deemed to have breached the contract if he sublets or assigns the contract without the landlord’s express authorization.

Both landlord and tenant are entitled to a right of retention if the other party is in breach of his duties. Therefore, the tenant can refuse to leave the dwelling if he has not received the indemnification ordered by law. Similarly, the landlord is entitled to keep possession of any goods left by the tenant if and as long as the tenant is in default in paying the rent.

These rules for the renewal and termination of the lease tend to favour landlords in practice.

How effective is the Colombian legal system?
Tenancy law is enforced before the civil courts. Procedures are long and the courts are saturated with a huge backlog of cases. Brigard & Urrutia believes that to complete an eviction of a tenant might take perhaps three years, including 45 days for service, two years for trial duration, and a year for enforcement. But the eviction proceedings, though long, protect landlords because tenants are obliged to pay rent while the proceeding is being heard in court.

The eviction process is regulated by Law 820 of 2003 and procedural rules are found in the Colombian Code of Civil Procedure. The proceeding, called “Proceso de restitución de inmueble arrendado” is carried out through a summary procedure with the intervention of the tenant. However, if the complaint is based on failure to pay the rent, the tenant will not be heard unless he deposits the outstanding rents before the court. The tenant is entitled to reimbursement for the improvements and repairs made by him to the dwelling. The landlord can request the practice of precautionary measures, including seizure of tenant’s assets, to ensure payment of the rent or of any other economic obligation under the contract. Judgments in eviction proceedings based on failure to pay the rent cannot be appealed.

EVICTION FOR NON-PAYMENT OF RENT
Duration until completion of service of process 139
Duration of trial 279
Duration of enforcement 82
Total Days to Evict Tenant 500
Courts: The Lex Mundi Project

It is not necessary to exhaust a conciliation hearing before initiating an eviction process, which is required for most other civil actions.

Legislation
Leasing of dwellings is regulated by Law 820 of 2003. This law applies to all lease agreements signed after July 10, 2003. Prior leases will be regulated by Law 56 of 1985. Commercial leases and other types of lease agreements are regulated by other laws, and general provisions are contained in articles 1974 and following of the Colombian Civil Code.

Brief history: Recent changes in Colombian landlord and tenant law
Colombian law is guided by the furtherance of two Constitutional principles: (i) the property must comply with a social purpose, and (ii) every person has the right to a proper dwelling.

The law has recently moved in the direction of reaching a balance between the rights of landlords and tenants. Landlords and real estate brokers have an organized lobby force in Congress and have been very successful in recent years in obtaining stronger protection from the law. Congress enacted Law 820 in 2003 to create a uniform normative body to regulate leasing of houses for residence, as opposed to leasing of houses for commercial uses and leasing of other goods. Law 820 was designed to provide flexibility in lease contracts and to the relation between landlords and tenants, considering that, at the time of its enactment, it was estimated that 15 million people lived in rented dwellings and 90% of them were low income population. The law attempts to offer new possibilities for appropriate dwellings for low income families and to promote the construction of buildings for rent.

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LA_Love says on Oct 25, 2009, 07:44:

meter square prices
http://contenido.metrocuadrado.com/contenidom2/ciudyprec_m2/inforbog_m...

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Gator says on Oct 25, 2009, 09:25:

LALove's information comes from this site which has a lot of information on taxes, property values, etc.. etc. Worth a look as a preliminary guide if you are contemplating making a purchase. If you don't have a good agent and attorney you are tiptoeing through a mine field.

http://www.globalpropertyguide.com/Latin-America/Colombia

Personally, since that information was developed by the firm of Brigard & Urrutia in Bogotá, I would suggest consulting a firm or an attorney that deals heavily in real estate transactions to make sure all the "I's" are dotted and the "T's'' crossed.


http://www.globalpropertyguide.com/Latin-America/Colombia

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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miamimike says on Oct 25, 2009, 09:36:

Gator, exactly how does a square foot that we use compute to a square meter or vice versa?

Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte después Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte de

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Gator says on Oct 25, 2009, 10:15:

A square meter is 10.8 (rounded to the single digit) square feet. A square foot is .09 square meter. I just convert it a eleven sq. ft to a square meter. Therefore 100 sq meters is about 1100 square feet, which is close enough to be in the ball park. To get it exactly if you are actually paying by the sq meter multiply the meters by 10.76. Using the 10.76 formula then 100 sq meters becomes 1076 square ft.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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johnny2009 says on Oct 25, 2009, 11:47:

GregYohn, Either I am misunderstanding, or your wife has some sort of personal insulated booth inside your home, she presumably shuts herself in it and it is both quieter and warmer than the rest of the house?

Is that so?

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lpdiver says on Oct 25, 2009, 18:04:

As a general aside...insulation generally will serve the dual function of a barrier to thermal migration AND noise as well.

As a shift worker I like my bedroom DARK, DARK, DARK! I accomplish this by purchasing the foil backed insulation and cutting it slightly larger that the window openings. It then is a friction fit and can be easily removed and stored under the bed when not used.

I quickly noted that I no longer heard the neighbors mowing their lawn or their annoying dog as an added side benefit.

I would insulate any construction in any location in Colombia if building from scratch. It is easy to do and cheap.

ts

Remember what the monkey says, "Fuck money it's free"

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barrumundi says on Oct 25, 2009, 20:46:

Hey GregYohn. Nice artistic touch to finish off the walls with the painted panels. It looks good!

http://poorbuthappy.com/yourthing/post/uploading-photos-for-dummies/

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miamimike says on Oct 25, 2009, 20:52:

Gator--Thanks for the formula on the Sq Ft, Meter questions. All clear now.

Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte después Bésame, bésame mucho Como si fuera esta noche La última vez Bésame, bésame mucho Que tengo miedo a perderte Perderte de

0 funny, 0 helpful.

Gator says on Oct 26, 2009, 14:18:

A la orden, amigo. Any time.

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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barrumundi says on Oct 26, 2009, 23:35:

Greg, the house is very nice and the young fella driving the little blue car is very handsome. His mother must be very pretty because his father is very ordinary jajajajajajajaja.

http://poorbuthappy.com/yourthing/post/uploading-photos-for-dummies/

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LA_Love says on Oct 28, 2009, 10:10:

Apartamentos convertidos 'ilegalmente' en hoteles

Vea qué hacer cuando sus vecinos empiezan a convertirse en turistas.



¿Su inquilino incumple con el pago del arriendo y los servicios? Vea cómo asegurar ese pago

Andrés Martínez, abogado especialista en arriendos explica:

Ha sido recientemente expedido el decreto 2590 de 2009, que reglamenta la actividad arrendar inmuebles para periodos menores a 30 días, en forma habitual; de modo que quien la realiza se considera prestador de servicios turísticos, debiéndose inscribir ante el Registro Nacional de Turismo y donde constituye requisito previo y obligatorio.

Se considera Apartamento turístico toda unidad habitacional destinada a brindar facilidades de alojamiento y permanencia de manera ocasional a una o más personas según su capacidad, que puede contar con servicio de limpieza y como mínimo con los siguientes recintos: dormitorio, sala-comedor, cocina y baño.

Los reglamentos de propiedad horizontal de los edificios y conjuntos residenciales en donde se encuentre un inmueble o varios destinados (en todo o en parte) a la prestación permanente u ocasional de servicios de vivienda turística, se deberá establecer expresamente la posibilidad de destinarlos para dicho uso y tienen un plazo de 6 meses desde la fecha de entrada en vigencia del decreto para adecuarlos (9 de julio de 2009).

Es obligación de los administradores de los inmuebles sometidos a régimen de propiedad horizontal, reportar al Viceministerio de Turismo la destinación de vivienda turística de los inmuebles de la propiedad horizontal que administra, cuando estos no estén autorizados por los reglamentos para dicha destinación, o no se encuentren inscritos en el Registro Nacional de Turismo

Los propietarios y/o administradores de los edificios, conjuntos residenciales y demás inmuebles destinados (en todo o en parte) a la prestación permanente u ocasional de servicios de vivienda turística, deberán diligenciar por cada hospedado, una tarjeta de registro que contenga mínimo la siguiente información:
- Nombre del edificio, conjunto residencial o inmueble destinado a vivienda turística.
- Dirección.
- Identificación del inmueble (apartamento, casa o habitación que se renta).
- Nombre del propietario del inmueble.
- Valor de la tarifa diaria del servicio de hospedaje.
- Número de habitaciones y cupo máximo de personas a ocupar el inmueble.

Asimismo, es necesario tener los siguientes datos de los huéspedes:
- Identificación del huésped y de sus acompañantes.
- Nacionalidad.
- Dirección y teléfono del lugar de residencia.
- Lugar de procedencia.
- Lugar de destino.
- Fecha de entrada.
- Fecha de salida.
- Forma de pago.
- Firma del huésped.

En los inmuebles sometidos al régimen de propiedad horizontal, las tarjetas de registro debidamente diligenciadas, deberán permanecer en la administración del edificio o conjunto residencial, para efectos de control.

El propietario o administrador del edificio, conjunto residencial y demás inmuebles destinados (en todo o en parte) a la prestación permanente u ocasional de servicios de vivienda turística, podrán dar por terminado el contrato de hospedaje y, consecuentemente, reclamar la devolución inmediata de la vivienda turística sin necesidad de pronunciamiento judicial, cuando la conducta y el comportamiento de los huéspedes atenten contra la tranquilidad, la seguridad y la salubridad de los demás huéspedes o residentes.

En ese caso, el propietario o el administrador de la propiedad horizontal o tenedor a cualquier título de la vivienda turística podrá acudir a los mecanismos previstos en el artículo 32 y demás normas aplicables del Código Nacional de Policía, con el fin de obtener la protección de los huéspedes y residentes.

Lo anterior también se aplicará cuando el hospedado o sus acompañantes violen lo establecido en los estatutos o reglamentos internos de la propiedad horizontal a la cual está sometida la vivienda turística que se ocupa.

Opino que si la destinación y uso permitido de una casa o apartamento es vivienda, el hecho de que el propietario la arriende con esa misma destinación: vivienda por espacio de tiempo menor a 30 días calendario y sea habitual, no se puede prohibir pues al fin del cabo los huéspedes habitan el inmueble. Sería diferente si esa vivienda es utilizada como establecimiento de comercio.

Lo que debe hacerse es adecuar el reglamento (si es de propiedad horizontal) a lo dispuesto en el decreto 2590 de 2009 y aplicar las disposiciones allí contenidas. Si no lo es, igualmente se debe hacer el respectivo registro ante el Ministerio de Comercio, Industria y Turismo impondrá sanciones, de oficio o a petición de parte, conforme lo establecido en la Ley 300 de 1996 y sus decretos reglamentarios, a los prestadores de servicios de vivienda turística, cuando incurran en las infracciones establecidas en dichas normas o las que las modifiquen o complementen
Concordancias de la Norma de Para hotelismo

Los funcionarios de policía están obligados a dar sin dilación el apoyo de su fuerza por propia iniciativa o porque se les pida directamente de palabra o por voces de auxilio, a toda persona que esté urgida de esa asistencia para proteger su vida, o sus bienes, o la inviolabilidad de su domicilio, o su libertad personal, o su tranquilidad.

En hoteles, pensiones, hostales, residencias, aparta-hoteles y demás establecimientos que presten el servicio de hospedaje, se llevará un registro diario de extranjeros con numeración continua, en el cual consten los siguientes datos: nombres y apellidos completos, nacionalidad y documento de identidad, profesión, lugar de procedencia, de destino y fechas de llegada y de salida.

Estos establecimientos enviarán diariamente al Departamento Administrativo de Seguridad, DAS, el registro de extranjeros, en medio magnético, tecnológico, electrónico o mediante planillas, sin perjuicio de la revisión que puedan efectuar en cualquier momento las autoridades de
migración.

Los propietarios o administradores de inmobiliarias, fincas, apartamentos, casas o inmuebles para hotelería, que arrienden o presten servicio de hospedaje a extranjeros por más de quince días, deberán informar por escrito al Departamento Administrativo de Seguridad, DAS, dentro de los cinco días hábiles siguientes de haber realizado la entrega formal del inmueble. Las autoridades migratorias estarán facultadas para ejercer el control de estos establecimientos en cualquier momento.

Los dueños, administradores, arrendatarios, tenedores y comodatarios de hoteles, pensiones, hostales, residencias, apartahoteles, fincas, casas apartamentos y demás establecimientos que presten el servicio de hospedaje, suministrarán información al Departamento Administrativo de Seguridad, DAS, sobre el registro de ciudadanos
colombianos, cuando les sea requerido.


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*Asesoría: Andrés Martínez, Abogado Especializado en Arriendos
Corporación Casa Jurídico Social (Tel. 4081519, de Bogotá)

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