Remodelling an apartment under propiedad horizontal in La Boquilla: what the copropiedad authorises and what the curaduría does

Almost every buyer arrives with a remodel in mind, and for an apartment under propiedad horizontal 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 an apartment under propiedad horizontal, 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.

Buying under propiedad horizontal —Colombia's condominium regime— means joining a legal entity that already exists and whose rules are not negotiated at the closing table. You accept the reglamento whole, together with what earlier asambleas (owners' meetings) resolved and whatever future ones resolve by majority, with no veto. That changes what due diligence is about. On a house, a title review follows the chain of ownership of the lot; here it also has to read the internal life of a community you become a compulsory member of: who administers it, which body approves an extraordinary levy, what the recent asambleas decided, and whether the building is current on what it must repair. It changes who collects, too. Beyond the municipal impuesto predial, the unit generates a monthly dues payment made to the administración for as long as you own it, whether or not you use the apartment, and whatever a previous owner left unpaid follows the unit rather than the person, which makes the administración's certificate as important as the registry's. For a buyer living abroad, the practical consequence is appointing someone to receive notices and vote, because the asamblea does not wait.

Buying here rarely means dealing with a private owner holding a clean folio de matrícula inmobiliaria, the registry record of a property. The counterparty is usually a family that has occupied the land for generations and documents its right with private papers, or a consejo comunitario, a community council whose legal representation is certified by the Ministerio del Interior rather than by a notary. That is the first procedural difference: before price comes up you need to know who may sign and under what acta, or board resolution, they were authorized, because a deal with someone who does not represent the collective never becomes a registrable deed. The second is that land in this corregimiento, an outlying township, passed down by occupation and inheritance with no registered partition, so what exists is often an unsettled sucesión, an estate proceeding, with boundaries described by neighbors. The third is authority: along this strip the District does not decide alone, because Cardique, the environmental agency, and DIMAR, the maritime authority, both weigh in, and on collective territory consulta previa, prior consultation, also applies. Infrastructure is uneven: the Anillo Vial is a major road and the village's inner streets are another matter, with water connections and wastewater worth confirming with the utility before counting on them.

What is specific to La Boquilla

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 an apartment under propiedad horizontal itself and decides what may be altered: the unit's coeficiente de copropiedad —its ownership share— as recorded in the reglamento, since it drives both the monthly dues and the weight of the vote at the asamblea; which bienes comunes de uso exclusivo (common property assigned to one unit for its sole use) the deed attaches to the apartment —parking, storage, patio— and whether they match what is being shown and whether the reglamento de propiedad horizontal and the minutes of the last asamblea agree on interior remodelling, pets and renting.
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 La Boquilla belongs to

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

Updated 2026-11-06