Many investors and owners of real estate properties wonder if, in the event of a loss that requires repair or total reconstruction of the property, subject to obtaining a construction license, which urban planning regulation would apply? The question arises especially when thinking about cases in which the original license was obtained with a standard that does not exist today or when there are updates in the construction standards.
We consulted with legal experts on the case and share with you the concept:
First of all, we resort to the stipulations of law 675 of 2001, which mentions, in the paragraph of article 14, that such reconstruction must be executed in accordance with the approved plans.
This statement is reiterated in decree 2218 of 2015 on construction licenses, as set forth below:
ARTICLE 2.2.6.1.1.1.7 Construction license and its modalities. This is the prior authorization to develop buildings, circulation areas and communal areas on one or more properties, in accordance with the provisions of the Land Management Plan, the instruments that develop and complement it, the Special Management and Protection Plans for Properties of Cultural Interest, and other regulations governing the matter. The construction licenses will specifically specify the uses, buildability, volume, accessibility, and other technical aspects approved for the respective building. The following are types of the construction license:
- Reconstruction This is the authorization granted to reconstruct buildings that had a license or an act of recognition and that were affected by the occurrence of an accident. This type of license will be limited to authorize the reconstruction of the building under the same conditions approved by the original license, the acts of recognition and their modifications.
Based on the above, we can conclude that, in case of reconstruction of the co-ownership, the license will be authorized in accordance with the conditions of the original license. In other words, the applicable regulations will be those in force at the time of the construction of the building, not those in force at the time of the loss or reconstruction of the property.
