Not everything that is rented out is rented under the same contract, and the one for an off-plan new construction does not look like the neighbouring unit's when the nature of the property differs. Before thinking about the tenant, the contract has to fit inside what the reglamento and the use rules admit.
Colombian lease law distinguishes by purpose: urban housing, commercial premises and short-stay lodging are not governed by the same rules, and what you sign conditions what may and may not be agreed. On top of that regime sits the private layer: the reglamento de propiedad horizontal (the condominium bylaws) can ban or condition an use the law does not ban, and a later asamblea may have tightened it without the recorded reglamento reflecting it yet. So the contract for an off-plan new construction is built the other way round from how it is usually done: first verify what use the property admits, then which contract matches that use, and only then the clauses. Which regime applies to your case and how each clause is drafted is work for your Colombian attorney; what a buyer can verify before signing is what the reglamento says, what the last asamblea minutes say, what the land-use certificate says and, where the purpose is short-stay lodging, what the registro nacional de turismo says.
Off-plan new construction is bought differently because at signing the property does not yet exist: what exists is a project, a permit and a company that has to stay standing until delivery. The document, not the apartment, is therefore what gets reviewed. The first thing that changes is the path of the money: instalments are paid into a patrimonio autónomo —a trust estate— administered by a fiduciaria rather than into the builder's own account, and it is worth knowing what conditions must be met before those funds are released to the works. The second is that what you sign may be a promesa de compraventa, a binding promise of sale, or only an encargo fiduciario, a trust deposit instruction; they do not bind alike and do not unwind alike, and what happens if the project never starts depends on which one it is. The third is that the unit's identity rests on a plan that allows adjustment, so read which tolerances and specification changes the seller reserved and how the buyer is told of them. The fourth, for a buyer abroad, is duration: every transfer has to be documented and someone has to be empowered to sign and take delivery years later.
In Manzanillo del Mar the difficulty is not reading a registry record: often there is none to read. Much of what is offered never entered the registry at all, and what the counterparty holds is possession documented in private papers, with an acta de colindantes, a neighbors' boundary statement, and sometimes a sworn declaration before a notary, none of which is title of ownership. That moves the process to authorities absent in the other sectors: the Agencia Nacional de Tierras, the national land agency, where the soil belongs to the Nation; IGAC, the cadastral institute, and the district cadastre to identify the parcel; and the corregidor or the police inspector when occupation is disputed. Verification becomes a matter of fieldwork and mapping before notarial work: comparing the survey against the cadastral record and against what is actually fenced, because the same lot has been sold under different descriptions. The counterparty is usually a local family or a go-between with no written mandate, and that mandate has to be requested. Infrastructure is not handled by any single utility: a well or tanker water, a septic pit, and a side road whose upkeep is not always assigned to anyone.
What is specific to Manzanillo del Mar
A beach village north of Serena del Mar, where the original town still sits alongside the new complexes. A mixed market: social housing, beach condominiums and unserviced lots. Access is via the Manzanillo road off the Anillo Vial; the final stretch is not always paved to the same standard.
- whether the lot is public wasteland of the Nation, in which case it is allocated rather than sold and no private deed can cure it
- whether there is a right of way to the beach and where it runs, a constant source of litigation between neighbours
- the land use the POT assigns it, because much of what is marketed as residential is still classified otherwise
What to verify, step by step
- Request the recorded reglamento de propiedad horizontal and the minutes of the last asamblea, and read what they say about renting, permitted use and short-stay guests.
- Ask the Alcaldía for the land-use certificate covering the activity you plan to host, because the reglamento and the planning rules are two separate permissions.
- Check what belongs to an off-plan new construction itself and changes the contract's clauses: which patrimonio autónomo (the trust estate holding buyers' funds) the instalments are paid into and which fiduciaria administers it, because the money should not reach the builder's own account; whether the licencia de construcción has actually been issued or the project is still in prelanzamiento, and what punto de equilibrio (the pre-sale threshold) must be met before building starts and what the signed document says about the return of funds if that threshold is never met, and whether you signed a promesa de compraventa or only an encargo fiduciario (a trust deposit instruction).
- Ask the administrador what the copropiedad requires of a tenant —occupant registration, access rules, use of common areas— and get it in writing rather than by word of mouth.
- Where the purpose is short-stay lodging, check the registro nacional de turismo and ask in whose name it stands and what becomes of it when the owner changes.
- Search the Rama Judicial for pending proceedings over the property or against the seller on tenancy matters before buying the asset with a contract inside it.
Mistakes that cost money
- Signing a residential lease for an use that is not residential, or the reverse, because that template was to hand. The contract's stated purpose conditions what can be agreed.
- Reading the recorded reglamento but not the minutes. The asamblea may have set later conditions on use, and the buyer meets them afterwards.
- Buying a property with a tenant in place without reading the contract in force. What the seller agreed does not vanish because the owner changes, so read with your attorney where it leaves you.
Frequently asked questions
- Can the reglamento prohibit renting?
- The reglamento governs the use of units and common property, and in practice it is where rental restrictions appear. Ask for the recorded version together with the minutes, and have your attorney read how far it reaches.
- Do I need a registro nacional de turismo to rent out?
- That depends on whether the activity is tourist lodging. The RNT and what it requires are matters for the tourism authority, and the copropiedad can still restrict the use with the register in order.
- Who do I verify the contract against?
- The administrador for the reglamento and the minutes, the Alcaldía for land use, and the Rama Judicial for litigation. Drafting the contract itself is work with a Colombian attorney.
Where to check it
- Rama Judicial — whether there is pending litigation over the property or its owners
- Registro Nacional de Turismo — whether a property may legally be used for tourist accommodation and who has registered it
- Alcaldía Mayor de Cartagena de Indias — property tax, betterment levies and District procedures
- Cartagena de Indias — the rules of the municipality Manzanillo del Mar belongs to
Official bodies. Specific figures are requested there, not copied from a listing.
Updated 2026-11-06
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