Real Estate Deeding: What It Is, Steps, and Costs in Colombia
In the process of purchasing or renting a property in Colombia, deeding (escrituración) is one of the most critical steps to ensure legality and full ownership of the property. Many people believe that signing the deed is the final step, but in reality, it is only part of the broader deeding process, which includes several procedures and steps that must be carried out with proper professional advice.
What is Deeding (Escrituración)?
Deeding (escrituración) is the process through which the transfer of a property’s ownership is legalized, whether by purchase, sale, inheritance, or any other legal act. The result of this process is the public deed (escritura pública), a document signed and authorized by a notary that validates the truthfulness of the transaction.
This deed is registered in the Public Property Registry, where the new ownership of the property is recorded and the title information is updated. The Public Property Registry guarantees transparency and legal security in real estate transactions.
What are the stages of the deeding process?
The deeding process consists of four main stages:
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Filing (Radicación): In this stage, the draft deed is submitted to the notary’s office. The property information, the seller’s and buyer’s documents are verified, and it is ensured that there are no legal issues with the property.
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Drafting (Extensión): At this point, the deed is drafted, meaning the document is prepared with all the necessary data and clauses. The documents are reviewed, and the identity of the parties involved is confirmed.
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Execution (Otorgamiento): In this phase, the parties sign the public deed in front of the notary. It is important to note that the notary must verify that the contract terms are clear, legal, and that the parties understand the content of the document.
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Authorization (Autorización): Finally, the deed is authorized and sent to the Public Property Registry for inscription. Once registered, the buyer or tenant has legal rights over the property.
How much does deeding cost?
The cost of deeding can vary depending on the notarial office, but it is generally estimated between 6% and 12% of the property’s value, according to information from the Superintendency of Notariety and Registry. This value includes notarial fees, taxes, and other costs associated with the process, such as registration fees.
It is important to keep in mind that costs may vary depending on the city, the type of property, and the notary. In any case, it is recommended to request a prior estimate to know the exact total amount of the process.
What documents are needed for deeding?
To begin the deeding process, documents are required from both the buyer and the seller, such as:
- Official identification of both parties.
- Certificate of existence and legal representation (if applicable).
- Property background certificate.
- Birth certificate or document proving legal personality.
- Property appraisal certificate (in some cases).
- Documents proving the status of the property, such as mortgages or liens.
Furthermore, it is essential to have all documents generated during the negotiation process, such as the purchase or lease agreement.
Why is legal advice important in the deed-drafting process?
Although the process may seem straightforward, it is key to have legal advice to avoid errors or fraud. A notary or advisor specializing in real estate law ensures that all documents are properly drafted and that procedures are carried out correctly, avoiding future problems such as evictions, property disputes, or conflicts with the Public Registry.
At D.C Colombia, we accompany our clients at every step of the deed-drafting process, from property selection to legalization. Our experience allows us to guide you on the necessary documents, costs, and timelines, so that the process is clear and complication-free.
Closing: Your next investment or home, with legal security
If you are looking to buy or lease a property in Colombia, it is fundamental to understand that deed-drafting is a key stage to guarantee your ownership. At D.C Colombia, we not only help you find the ideal property, but also help you carry out the paperwork securely and efficiently.
Ready to start this process? Contact us and we will accompany you at every step, from the search to the definitive registration of your new home or investment.