In order to prove ownership of real property, every owner must know and comply with the Requirements to Legalize a Property in Colombia.
With this article we seek to inform you from what is a property to the step-by-step procedure to process the Requirements to Legalize a Property.
Requirements to Legalize a Property
First, you must go in person to the Property Legalization and Titling office that belongs to the Planning Secretariat. This as one of the Requirements to Legalize a Property.
This procedure is for all Colombian citizens. At no cost and the customer service hours are: from 8:00 am to 12:00 noon. After 2:00 pm to 6:00 pm Monday through Friday.
The Legalization of the property is based on Law 1001 of 2005 as established in Article 2. Also, by Law 388 of 1997 and District Agreement 009 of 2017 and Decree 1077 of 2015 Chapter 22.214.171.124.
It should be noted that there is Unified Property Tax, which must be paid by all owners of real estate that are in the Capital District. And these are:
Departments, dwellings (houses), buildings, lots, parking lots, investment properties, warehouses, non-urban properties and commercial establishments. As well as land for endowments, manufacturing and rustic possessions used for agriculture.
Inside the Premises, there are some figures, and they are the following:
- Owner: It is the natural or legal person, who legally certifies that a property is hers.
- The holder: It is the one that does not have any type of documentation, but owns the real estate and proceeds as its owner.
- Usufructuary: It is the person who enjoys the property and its use, with prior authorization from the owner. It acts in accordance with the provisions of the Civil Code in its Article 823.
The nature of the owner or owner and usufructuary is approved through the certification of freedom. You must bear in mind that the payment and the declaration of the property is made once a year.
In accordance with the Decrees of Law 1421 of the year 1993 and the 352 of the year 2002, there are some properties that will not be exempted from the payment of the Property Tax. They are detailed below:
- The buildings subject to specific treatment for the preservation of history, art and architecture.
- Real estate belonging to the unions and carrying out their own tasks.
- The properties that belong to the Capital District, which carry out particular activities, such as the preservation of canals, water transport, reservoirs, containers. Also, treatment plants, power plants, roads for public use and surplus construction materials.
- Real estate of charitable and public aid organizations, social benefits, employees for hospitalization, shelters, nurseries and kindergartens.
- The properties of institutions in the public or private domain. Where its purpose is to assist in the field of health and special education for children and adolescents with certain psychological, physical and mental conditions.
- Buildings manufactured as public car parks. Which were built between December 21, 1998 and December 31, 2001. Which were exempt from paying the Property Tax for a period of ten years.
If you want to know about the Properties exempt from Property Tax, enter here.
There are some Requirements to Legalize a Property. To request this procedure, it must be done in writing, and of course attach the following documentation:
- Consign a copy of the identification card of the holder and of his stable partner. With a size of 150%.
- If they have children, provide a copy of their birth registration. You must state whether they are of legal age or not.
- The proof of cancellation of the Property Tax. Valid as of December 31 of the year in which the Property Legalization is requested.
- Land use certificate. Issued by the Municipal Planning Office.
- Present the plan that contains in its entirety the area of the property and the manufactured area, and also its limits.
- The copy of the public document or the private fact. Where the reason for having obtained the property is exposed, and the use of the property requested by the management.
- Copy of the utility bills, such as: electricity, water, drainage.
- Your home address, telephone number and email for your respective notice.
- Communicate about whether you currently have a marital community, marriage or a stable de facto union. With a minimum period of two years. If it is positive, you must provide names and surnames, the identification document with a size of 150% and a telephone number to be contacted.
- Declare that you are using an asset in the public domain. Occupied as a residence for you and your family group.
- State that you have been using the property, as a resident from a date prior to July 28, 1988. Or before November 30, 2001, so you must present the documentation that supports your statement.
- Also the application form for Property Legalization.
Step by step to Legalize a Property
To Legalize a Property, the following steps must be followed:
You must first deliver all the requirements to the corresponding office. An inspection must be carried out on the condition of the property (real estate). It should not be located in a public or danger zone, that it does not alter equipment and that it is not in a hydraulic area either.
Create a database. And create a particular plan of the property. The Planning Secretariat makes the request for deficiencies in accordance with Public Instruments (terminology, no alteration of the plan and classification). If it is idle or fiscal and that the estimate is less than 135 minimum monthly wages.
Carry out a field visit (where it is evidenced that the property is real, and is inhabited by the person requesting the procedure, the limits, size and urban situation).
The manifestation procedure as idle or vacant, in the event that this is the case. There the decision is reflected, signatures collected and then settled.
Preparation of the transfer decision (a legal decree is made, the decision is exposed, the signatures that were collected, it is communicated, it is legally established, and it is registered. And therefore, the Title or Certification of Freedom is formally received .
How much does it cost to legalize it?
This is a very important issue when carrying out procedures, such as Legalizing a Property. The stipulated costs are based on some factors, such as:
- The entire qualities of good.
- Capacity of the area (size of the property).
- Applicant level.
- The permanent services that the property has, on the occasion of the cost analysis.
- According to the class that the property has in the Digital Cadastre of Colombia.
- The location and property area.
Now, knowing the conditions to calculate the costs to Legalize a Property, these can be greater than $ 839,703,000.
Why is it important to Legalize a Property?
It is of great importance that Colombian citizens carry out the legalization of the Property. Since this grants some benefits, such as:
- You obtain the legal title to the property.
- Do away with bogus titles, and avoid them as well.
- Legalize the titles properly.
- Register the civil data of the properties in the Digital Cadastre.
What is a Property?
A property is the property on a real estate, with an apparent amplitude. That is, the properties are surfaces or specific areas.
These tracts of land can be marked in various ways: with fences and wire fences. The legal component that establishes the boundaries of a property and that registers its property is known as deed.
Many years ago, there were some types of properties of great importance. There was one that was called the Dominant Estate. Which defined to the land owned by service personnel.
On the other hand, the expression Servant Estate was used. And it was about those lands that had specific characteristics, such as that of have bondage for the benefit of other lands or of another citizen.
At this time, it is possible to order the properties in various ways according to their location. For example, an Urban Property is one that is in a place with a population.
As a Rustic Property, it is located in the surrounding areas and is generally used in rural-type activities.
It can also be said that it is called Rustic Estate to residences that are located outside the cities. And they are intended to serve as a home for families or a single person.
Many citizens have taken this option of housing since they know that they are familiar. And somehow, enjoy an optimal standard of living. Far from the environmental and sonic pollution that characterizes big cities.
Likewise, the properties can be determined according to its use. Therefore, there are the Sports Grounds which can be clubs where sports practices are carried out. And there are also the Fairgrounds, which are places where various kinds of fairs are held.
Every owner must understand the importance of having all their documents and legal processes up to date.
In order for you to declare your property smoothly and in order, we hope we have helped you with this guide on the Requirements to Legalize a Property in Colombia.
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