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.
What sets Cielo Mar apart is that much of the buying happens before the property legally exists. Units sell off plan, and the counterparty is not an owner but a fiduciaria, a trust company, managing a patrimonio autónomo, a segregated trust estate, into which the landowner contributed the site. That changes the whole process. The first document signed is not a deed but an enrollment in the project; the money goes into a trust account rather than to a seller; and the deed is granted once the punto de equilibrio, the pre-sales break-even threshold, is reached and the building goes up, so in the early stage there is no unit folio to certify because none has been opened. Ask for the trust agreement and ask what happens if that threshold is never reached, who returns the money and on what terms. Who decides changes too: the governing document is the permit issued by the curaduría urbana, the private licensing office, and the condominium bylaws are still unregistered, so you read a draft. Utilities may be run by private operators belonging to the development itself, meaning the supply relationship does not start with the city water company.
What is specific to Cielo Mar
Morros continued northward: newer development and less established street retail. Recently built towers with undeveloped lots still sitting between them. It depends entirely on the Anillo Vial; groceries and school are not walkable.
- what has been permitted on the neighbouring lot, because a new tower next door changes the view and the sunlight you paid for
- how drinking water arrives and where the sewage goes, which along this northern stretch is not always the public network
- whether the building permit is current and matches what the sales office is offering
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 Cielo Mar belongs to
Official bodies. Specific figures are requested there, not copied from a listing.
Updated 2026-11-06
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