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Technical inspection before the promesa: an off-plan new construction in Bocagrande

Bocagrande, Cartagena de Indias

A title review tells you who may sell; a technical inspection tells you what is being sold. They are two separate engagements, both paid for by the buyer, and in Bocagrande the second one is usually skipped because the buyer is not in the city to open the door.

What gets inspected is not the same checklist for every property: when what you are buying is an off-plan new construction, the report has to address what the nature of that property actually puts at risk, not a generic form about damp patches and sockets. That matters for money and for timing. For money, because a repair not found before the promesa de compraventa is signed gets paid for afterwards by the buyer, and in a propiedad horizontal (condominium regime) it can end up shared among all owners through a special assessment. For timing, because before the promesa whatever turns up is a matter for negotiation, and afterwards it is only a claim. The report is signed by a professional who answers for what it says; nobody signs the brochure.

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.

Bocagrande works like a mature resale market, with consequences that do not repeat up north. The counterparty is almost never a builder: it is a long-standing owner or, very often, an unsettled sucesión, an estate proceeding, whose heirs live in different countries, so closing depends not on one power of attorney but on several, and on the partition among them. The registry record is old too: it was opened when the building was submitted to the condominium regime, it carries legacy entries such as cancelled mortgages, patrimonio de familia and afectación a vivienda familiar, both family-home protections, or lifted attachments, and the recorded area does not always match a current survey, so you compare the registry record against the deed and against the unit's floor plan. The peninsula is also land reclaimed from the sea under subdivisions the District authorized in their day, and the oldest deeds still carry references to those parcelaciones, the original platting. Day-to-day power sits with the owners' assembly and its manager, so in a tower with a long record of decisions the minutes and the status of the condominium's lawsuits matter more than the brochure.

What is specific to Bocagrande

Cartagena's dense, vertical peninsula: open sea on one side, bay on the other, and built out to the last lot. Condominium towers from very different eras, from the sixties to recent construction, on the same block. Groceries, restaurants and beach are walkable, and access is through a few roads that saturate in high season.

  • the building's actual age and whether it has a structural vulnerability study, since much of the stock was built under seismic codes earlier than those now in force
  • what the condominium bylaws say about daily rentals, which on this peninsula is the difference between being able to rent and not
  • how many parking spaces the unit holds in the deed, not in the brochure, because older towers do not have one per apartment

What to verify, step by step

  1. Ask the curaduría urbana (the private permitting office) for the licencia de construcción and the approved plans, and check what use, area and height that permit actually authorised against what you are being shown. Anything built beyond it is not cured by the deed.
  2. What the report has to address point by point for an off-plan new construction: 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).
  3. And what the same report should pick up for the sector in Bocagrande: the building's actual age and whether it has a structural vulnerability study, since much of the stock was built under seismic codes earlier than those now in force; what the condominium bylaws say about daily rentals, which on this peninsula is the difference between being able to rent and not and how many parking spaces the unit holds in the deed, not in the brochure, because older towers do not have one per apartment.
  4. Engage the visit with an engineer or architect you hire yourself, not the one the seller offers, and require a written report with dated photographs, a signature and the professional's licence number. Ask Camacol Bolívar who carries out technical surveys in the region and ask for references you can check.
  5. Agree in writing with the seller on the date of the visit and on access to the property before signing the promesa, and attach the report to the promesa together with the agreed repairs and who pays for them.
  6. Ask the District whether any administrative proceeding is open against the property for building without a permit or for breaching planning rules, because that follows the property and not the seller.

Mistakes that cost money

  • Accepting the report the seller or the developer hands over. The useful report is the one the buyer commissioned and can question.
  • Leaving the inspection until after the promesa, when the price is already agreed. Whatever surfaces then is argued from the weaker position.
  • Confusing the technical inspection with the title review. One looks at the construction and the other at the chain of ownership; you need both, and not from the same person.

Frequently asked questions

Can the inspection be done without being in Cartagena?
Yes, and it usually is: you hire the professional, arrange access with the seller and receive the signed report. What you should not delegate is choosing who does it.
Does the inspection change with the type of property?
In substance, yes. What has to be verified on an off-plan new construction comes from the nature of the property —what is privately owned, what is common property, what the permit authorises— and not from a general list of finishes.
Who pays for repairs the report turns up?
Whoever agreed to in writing. If the report is attached to the promesa with the fixes and who owes them, you have something to enforce; if it lives in an email, you do not.

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.