Withholdings and taxes at closing: what is settled when buying a penthouse in La Boquilla

Closing is not a single payment: different taxes are settled with different authorities, and some are withheld by someone who is not a party to the deal. The nature of the property changes what gets settled, which is why the closing list for a lot is not the closing list for an unit under propiedad horizontal.

The question that really decides money is not how much, but who settles it and what happens if it was settled wrongly. The notaría withholds and declares in the deed whatever the law tells it to; the registry office charges its own fees to record the transfer; the District answers for the impuesto predial (annual property tax) and for any contribución de valorización (betterment levy) attached to the land; and the DIAN is the authority that states, according to the nature and the intended use of the property, which withholding applies to the transaction and who is obliged to apply it. When what you are buying is a penthouse, that answer shifts: undeveloped land, an unit under propiedad horizontal and a property destined for a commercial activity are not settled the same way. And what was left unpaid in the past does not stay with the seller: the land arrives with its own history, which is why the paz y salvo (clearance certificate) is requested before signing and not after.

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.

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. Ask the DIAN which withholdings and which taxes are settled on a sale like yours, who is obliged to apply them and at what point in the closing. The answer depends on the nature of the property and on the seller's status, not on what the parties agree.
2. What the nature of a penthouse forces you to check before accepting the closing statement: 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.
3. Ask the District for the paz y salvo on the impuesto predial and for the status of any betterment levy on the property in La Boquilla, recently dated and issued against the registry folio rather than against the seller's name.
4. Order the certificado de tradición y libertad from the Superintendencia de Notariado y Registro and read whether any attachment, mortgage or encumbrance is still to be released, because that is cleared before the transfer can be recorded.
5. Ask the building manager for the paz y salvo on ordinary dues and on approved special assessments, and ask whether any has been approved but not yet billed.
6. Ask the notaría for the closing statement in writing before signing, with each item listed separately and with the authority each one goes to, and have your accountant review it before you transfer.

Mistakes that cost money

• Negotiating who pays what without knowing who is legally obliged to withhold. Splitting costs between the parties does not displace the statutory duty, and the shortfall shows up in the deed or at recording.
• Requesting the clearance certificate in the seller's name. It is the land that is charged: ask for it against the matrícula inmobiliaria (registry folio).
• Treating signature as the end of the closing. Until the deed is recorded, anything still unsettled keeps holding up registration.

Frequently asked questions

Why do you not publish what closing costs?

Because rates and taxable bases change, and because they depend on the nature of the property and on the seller's status. The actual statement comes from the notaría in writing and is confirmed by the DIAN.

Does anything change if I buy a penthouse rather than something else?

What gets settled, and with whom. That is why the first step is to ask the DIAN about your specific transaction, with the property's intended use on the table.

Who do I ask for the clearance certificate?

Property tax and betterment levy, the District; dues, the condominium manager; and the state of encumbrances, the certificado de tradición y libertad.

Where to check it

• DIAN — the tax ID, withholding on sale and the capital gains tax
• 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