In Colombia, a property sale closes when buyer and seller sign an escritura pública (public deed) before a notary. It only becomes a transfer of ownership once that deed is registered at the Oficina de Registro de Instrumentos Públicos. Foreign buyers often think of the notary as the closing attorney. It isn't, and knowing what each office does, and the deadlines that connect them, is how you avoid a gap between paying and owning.
Key takeaways
- A real estate sale in Colombia must be formalized by escritura pública. A private contract alone does not transfer the property.
- The notary verifies identities and gives public faith to the act. It does not represent you or replace your attorney's title review.
- Ownership transfers on registration, not on signing. Until then, the seller remains owner of record.
- You have two months from signing (for deeds executed in Colombia) to request registration before interest starts to accrue.
- Review a draft of the deed days before closing. Don't read it for the first time at the notary's desk.
What the escritura pública is
The Colombian Civil Code requires a sale of real estate to be executed by public deed. The escritura pública de compraventa is a document drafted and kept in the notary's protocol. It identifies the parties, describes the property by its folio de matrícula inmobiliaria (registry number), boundaries and cadastral reference, states the price and how it was paid, and records how the seller acquired the property.
For an apartment in a building under propiedad horizontal, the deed also refers to the building's reglamento and the unit's coeficiente. Parking spaces and storage rooms with their own folio are listed separately. If you are financing the purchase, the mortgage is usually formalized in the same deed or a parallel one.
The deed is drafted in Spanish. Because it is the document that will be registered and relied on for decades, small errors matter: a misspelled name, a wrong passport number, a missing parking space or a price that doesn't match the payments can all cause trouble at registration or when you later sell.
What the notary does, and doesn't
Colombian notaries are private professionals who perform a public function under the supervision of the Superintendencia de Notariado y Registro. Their core job is to give public faith (fe pública) to the acts signed before them.
| The notary does | The notary does not |
|---|---|
| Verify the identity of the signers, often with biometric checks for Colombian ID holders | Represent you, advise you on price or negotiate terms |
| Check that required documents are present, such as paz y salvo certificates and powers of attorney | Perform a full title study of the property's history |
| Draft or review the deed so it meets legal form | Guarantee the property is free of physical or legal defects |
| Collect notary fees per the official tariff, and certain taxes such as the seller's withholding | Register the deed automatically in every case, so confirm who files |
| Issue certified copies of the deed | Verify that what the parties declare about payment is true |
In practice, the notary's office often does more legwork than this table suggests, including coordinating electronic submission to the registry. Even so, the substantive protection still comes from your own attorney's title study and review of the deed.
Agree in the promesa which notary will handle the closing and on which date. That prevents last-minute changes, and your attorney can coordinate the draft directly with that office.
Preparing for closing day
Most of the work happens in the week or two before signing. Your attorney and the notary's office should have everything they need well in advance.
- Identification. Your valid passport, and your cédula de extranjería if you have one. The name must match the deed exactly.
- Power of attorney, if someone signs for you. If executed abroad, notarized and apostilled or signed at a consulate, and translated if not in Spanish.
- Fresh certificado de tradición y libertad for each folio, pulled within days of closing.
- Paz y salvo de predial (property tax) and, for buildings, paz y salvo de administración.
- Proof of payment and, for foreign funds, documentation of the exchange operation through a Colombian bank.
- The draft deed, reviewed line by line by your attorney, including names, ID numbers, folios, price and payment description.
The payment description in the deed should match what actually happened. Declaring a lower price than the real one is illegal and can have tax and legal consequences for both parties. It also affects your cost basis when you sell.
At the notary: how signing works
Closing appointments are usually short and matter-of-fact. The parties, or their attorneys-in-fact, appear, identities are verified, and the deed is read or reviewed. If you are not fluent in Spanish, Colombian notarial rules allow an interpreter to participate. Arrange this in advance rather than relying on someone in the room. Then each party signs and leaves fingerprints, and the notary authorizes the deed.
Before or at signing, fees and taxes are settled. Notary fees follow a tariff set by the Superintendencia, largely based on the transaction value. For a seller who is an individual, a withholding on the sale price is typically collected at the notary as an advance on their tax. How buyer and seller split notary fees is a matter of custom and negotiation, so it belongs in the promesa.
Payment logistics are agreed beforehand. Many closings use bank transfers confirmed before or at signing, or a manager's check (cheque de gerencia). Your attorney should make sure the money and the signatures happen in an order that protects you.
Registration at the Oficina de Registro
Under the Civil Code, ownership of real estate passes through registration of the title. Signing the deed is necessary but not sufficient. Registration happens at the Oficina de Registro de Instrumentos Públicos for the property's district. Medellín has its own registry offices, and the property's folio number determines which one.
- Pay the registration tax. The impuesto de registro is a departmental tax. For Medellín, it is paid to the Gobernación de Antioquia, based on the deed's value.
- Pay the registry fees (derechos de registro) set by the Superintendencia's tariff.
- File the deed (radicación) with the registry, often electronically through the notary or by your attorney.
- Registry review. The registrar checks the deed against the folio. If something is wrong, the deed can be returned with a note explaining why (nota devolutiva) and must be corrected.
- Registration and new certificate. Once recorded, a new certificado de tradición y libertad shows you as owner.
Colombian tax law gives you two months from the date of a deed signed in Colombia to request registration, and three months for deeds executed abroad. After that, interest accrues on the registration tax. The bigger risk is not the interest. Until you register, the seller is still the owner of record, and the property can be exposed to the seller's creditors or a competing transaction.
A realistic timeline
Exact timing depends on the notary, the registry's workload and how prepared both sides are, so treat this as a sequence rather than a schedule:
- Before closing: fresh certificates, paz y salvos, power of attorney and funds in place. Draft deed reviewed.
- Closing day: signing, fee and tax payments, and handover of keys if agreed for that day.
- Days after: the notary issues copies, and registration tax and fees are paid.
- Registration: filed as soon as possible, well within the two-month window. Processing times vary in practice.
- After registration: pull the new certificate, update the building administration and utility accounts, and confirm how predial invoices will reach you.
Ask your attorney to send you the new certificado de tradición y libertad as soon as registration is complete. Until you have it, treat the closing as unfinished.
FAQ
Am I the owner once I sign the escritura?
Not yet. Under the Colombian Civil Code, ownership of real estate transfers through registration of the deed at the Oficina de Registro de Instrumentos Públicos. Until it is registered, the seller is still the owner of record.
How long do I have to register the deed?
Colombian tax law sets two months from the date the deed is signed in Colombia (three months if executed abroad) to request registration. Registering late is still possible but triggers interest on the registration tax, and it leaves you exposed in the meantime.
Does the notary check the title for me?
The notary verifies identities, checks that required certificates are present and attests to what the parties declare, but is not your advocate and does not replace a full title study. That is your attorney's job.
Can I sign the escritura in English?
The deed is drafted in Spanish. If you don't speak Spanish fluently, Colombian notarial rules provide for an interpreter to take part in the signing. Arrange this with the notary in advance, and have your attorney review the draft beforehand.
Can someone else sign for me?
Yes, through a special power of attorney (poder especial). A power signed abroad generally needs to be notarized and apostilled, or signed at a Colombian consulate. The notary will review it, so have your attorney draft the wording.
How are notary fees set?
Notary fees in Colombia follow an official tariff updated periodically by the Superintendencia de Notariado y Registro, largely based on the value of the transaction. Who pays what share is negotiated and should be stated in the promesa.