Remodelling a penthouse in Serena del Mar: what the copropiedad authorises and what the curaduría does

Almost every buyer arrives with a remodel in mind, and for a penthouse that remodel goes through two separate doors that get confused constantly: the copropiedad and the curaduría urbana. The work the seller already did matters too, because an unauthorised alteration passes to whoever buys.

The curaduría urbana is the body that issues construction permits and their variants, and what it requires depends on whether the work touches structure, façade, built area or only finishes. The copropiedad issues no permits: it authorises —or refuses— work on common property, sets how the job runs inside the building, and answers for what the reglamento says about façade and enclosures. The two doors are cumulative, and neither replaces the other. For a penthouse, the split between what may be touched and what may not is written in the deed and the reglamento, not on the seller's drawing. In a resale there is a prior question: whether what stands matches the approved plans, because work done without a permit where one was required can surface in a Distrito inspection and complicate a later filing. Which permit variant fits your remodel is for the curaduría to define, and what the copropiedad allows is for the asamblea.

A penthouse is bought differently because what you acquire is attached to the building's edge. The top unit enjoys, for itself alone, elements it does not own: the roof slab that closes it, the façade that wraps it and, very often, the space holding the tower's water tanks, pressure equipment and antennas. That asymmetry is the whole point. What you enjoy alone you do not control alone: enclosing the terrace, adding a pool or changing the window frames is not interior remodelling but work on bien común, common property, and the body that authorizes it is the asamblea under whatever majority the reglamento demands, not the owner. At the same time the coeficiente de copropiedad —the unit's ownership share— is usually the highest in the tower, so the unit carries the largest fraction of every building expense, including the ones that originate directly above it. Conservation differs as well: sun, salt air and water damage concentrate on the roof slab and the upper façade. So the useful question before signing is not how the apartment looks inside, but how the copropiedad has been handling waterproofing and what it has resolved about it.

Serena del Mar runs on rules of its own. The land is developed under a plan parcial, a master plan adopted by District decree, and that decree, not a general reading of the POT, the city land-use plan, is what sets uses, land transfers to the city and development obligations for a given lot. So the document to request here is the adopting decree with its drawings; the land-use certificate that serves in a settled neighborhood is not enough. The second difference is a layer of private government that exists nowhere else: the ciudadela, the master community, has its own statutes, an architectural committee and design rules governing façades, fences and renovations, and those rules follow the property on resale, binding a buyer who never negotiated them. The third is the counterparty: you usually deal with the developer or with a fiduciaria, a trust company, administering the stages, and the unit's registry record descends from a very large parent parcel subdivided in phases, so title is verified upward, to the matriz, the parent record, and to the deeds transferring land to the District. Infrastructure was built by the developer: what matters is whether it has been handed over to the utility or is still privately held.

What is specific to Serena del Mar

What to verify, step by step

1. Describe the remodel in writing —what is touched, what is opened, what is closed— and ask the curaduría urbana which permit variant or filing applies to that work on that property.
2. Request the original licencia de construcción with its approved drawings and compare what was approved against what stands today.
3. Ask the administrador for the recorded reglamento and the minutes, and read which works require asamblea authorisation and under what conditions work may run inside the building.
4. Check what belongs to a penthouse itself and decides what may be altered: which part of the terrace is área privada (privately owned area) and which is bien común de uso exclusivo, because that line decides who pays to waterproof the roof slab when it leaks; the coeficiente de copropiedad assigned to the unit, which on the top floor is usually the building's highest and fixes the dues permanently and whether the roof slab carries the building's tanks, machinery and antennas, and what access rights the administración holds over the terrace.
5. Ask the Oficina de Registro whether there are entries about alterations, mergers or subdivisions of the folio, and ask the Alcaldía whether any administrative proceeding is open over unpermitted work at the property.
6. Have the promesa state what happens if unauthorised work turns up and who answers for regularising it, because after closing the Distrito's counterpart is the new owner.

Mistakes that cost money

• Believing the administrador's permission replaces the permit. The administrador issues no permits, and the curaduría does not read the reglamento.
• Buying with the work already done and never asking for the approved drawings. Extra construction does not show on the certificado de tradición y libertad, and it surfaces the next time something is filed.
• Treating bien común de uso exclusivo as if it were área privada. Terrace, façade and assigned patio often belong to someone other than whoever uses them daily.

Frequently asked questions

Who issues the permit to remodel?

The curaduría urbana, under whichever variant matches the work. The copropiedad authorises what touches common property and sets how the job runs, but it issues no permit.

What if the seller already remodelled without a permit?

That risk is identified by comparing the approved drawings against what stands and asking the Alcaldía whether any proceeding is open. What route to regularisation exists is for the curaduría and your attorney to say.

Can the filing be advanced without being in Cartagena?

The preliminary enquiry and the application can be handled by a professional in the city, and the owner's signature is given by power of attorney. Which power the filing requires is confirmed by the curaduría.

Where to check it

• Curadurías Urbanas de Cartagena — whether a current building or subdivision permit exists and exactly what it authorises
• Alcaldía Mayor de Cartagena de Indias — property tax, betterment levies and District procedures
• Superintendencia de Notariado y Registro — the certificate of title and encumbrances, which is the property's full history
• Cartagena de Indias — the rules of the municipality Serena del Mar belongs to

Official bodies. Specific figures are requested there, not copied from a listing.

Updated 2026-11-06