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Renting out a retail unit in Castillogrande: which contract applies and which clauses change

The coast at Cartagena de Indias, Colombia

Not everything that is rented out is rented under the same contract, and the one for a retail unit 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 a retail unit 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.

A retail unit is bought differently because you are not buying a space but the possibility that someone can trade in it, and that possibility is granted by third parties. Two permissions are needed and nobody bundles them: the one the land-use rules give for that specific lot, and the one the copropiedad's reglamento gives, which need not agree. On top of those sit the tenant's own business permits, applied for activity by activity. The second difference is the relationship with the tenant. A lease of premises for commercial purposes runs under rules distinct from residential tenancies, with an expectation of continuity for the tenant that is worth having a lawyer spell out before signing, because the buyer steps into a contract that already exists and inherits its history. The third is that the unit depends on what lies outside it: façade, signage, pavement, loading area and public access are normally bien común, common property, or public space. What makes the unit profitable, in other words, is not inside its walls and is not decided from within the unit.

In Castillogrande the typical deal is not a unit in a condominium but a house and its lot, which puts the weight of the file back on the chain of title to the land: you climb through the deeds to the parcelación, the original subdivision that created the block, because those platting deeds registered conditions, setbacks and easements that still bind and that are invisible from the street. There is no building manager to issue a paz y salvo, a no-arrears certificate, and no assembly to settle anything, so boundary questions with a neighbor are argued between private parties and what governs is the title and the survey, not a set of house rules. The counterparty is usually an old city family and, fairly often, a family company that owns the property: then you must decide whether to buy the real estate or the company's shares, two different transactions with different paperwork and different exposure, and request the certificado de existencia y representación, the corporate good-standing and signing-authority certificate, together with the resolution approving the sale. And because the neighborhood is fully built out, any construction is permitted on an already developed lot, with neighbors entitled to take part in the proceeding.

What is specific to Castillogrande

The residential tip of the peninsula: lower and quieter than Bocagrande, facing the bay, with little street retail. Houses and low-rise buildings sit alongside new towers, and single-family homes still exist. It is a dead end: access is through Bocagrande with no through road at the far tip, which keeps it free of passing traffic.

  • whether the property faces the bay or the open sea, because the swell, the smell and the façade upkeep are not comparable
  • what building height the rules allow on the lot, which is not uniform across the peninsula and is the first fact omitted when a lot is sold
  • how ground stability was addressed, given this is land reclaimed from the sea, and what the soil study for the building says

What to verify, step by step

  1. 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.
  2. 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.
  3. Check what belongs to a retail unit itself and changes the contract's clauses: whether the POT (the city's land-use plan) allows commercial use on that specific lot and whether the reglamento de propiedad horizontal admits it — two separate permissions, and you need both; whether the particular activity planned requires a concepto de uso de suelo (a land-use ruling) and who applies for it, owner or tenant and how façade, signage, pavement and loading area are allocated, since these are usually bien común even though the unit uses them daily.
  4. 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.
  5. 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.
  6. 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

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

Updated 2026-11-06

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Dimare Collection does not sell or broker property in Miami. This is an informational page: transactions are carried out by brokers licensed in the state of Florida. This text is not legal, tax, immigration or mortgage advice; it describes what to ask and whom to ask. The rules and bodies cited can change: always confirm with the official source. Operated by Nisimblat Consulting SAS.