Horizontal Property Regime: Apartments and Condominium Ownership in Bolivia

Owning an apartment or unit in a multi-unit building in Bolivia means understanding the Horizontal Property Regime, also known as condominium ownership. This framework allows individuals to own private units while sharing ownership of common areas. This guide provides a general overview for expats, but always consult with a qualified legal professional for advice tailored to your situation.

Bolivian law applies to all individuals within its territory, regardless of nationality . The Constitution guarantees the right to private property, provided it serves a social function and is not detrimental to the collective interest .

Understanding the Horizontal Property Regime

The Horizontal Property Regime divides a property (like a building) into individual, privately owned units and common areas that are jointly owned by all unit owners. This allows for separate ownership of apartments, offices, or commercial spaces within a larger structure. Each owner holds exclusive title to their private unit and a co-ownership stake in elements such as hallways, elevators, roofs, and structural components.

Key Concepts in Bolivian Property Law

  • Private Property Rights: The Bolivian Constitution upholds the right to private property . This extends to individual units within a horizontal property regime.
  • Common Areas: These are spaces and elements of the building not part of any individual unit and are shared by all owners. Their maintenance and use are typically governed by specific rules.
  • Co-ownership: Owners of individual units are co-owners of the common areas. This co-ownership is inseparable from the ownership of the private unit.

Purchasing Property Under the Horizontal Property Regime

Acquiring a property within a horizontal property regime in Bolivia involves a process similar to purchasing any real estate, but with specific documentation related to the building's legal status.

The Purchase Process and Documentation

To register a property purchase with the Public Registry of Real Rights (Derechos Reales - DD.RR.), you will need to present several documents:

  1. Public Deed of Sale (Escritura Pública de Compra Venta): This is the primary legal document formalizing the sale, prepared by a notary public . Notaries are legal professionals who advise and give legal form to the parties' will . The deed will include details about the buyer, seller, property, and price .
  2. Annual Property Tax (Impuesto Anual): Proof of payment for the most recent tax year is required .
  3. Transfer Tax (Impuesto a la Transferencia): This tax is levied on the transfer of property ownership .
  4. Approved Building Plan or Cadastral Certificate: An updated plan approved by the relevant Municipal Government (G.A.M.) or a cadastral certificate in the buyer's or seller's name is needed .
  5. Identification Documents: Valid identification (Cédula de Identidad) for both buyer and seller is necessary. For legal entities, the corresponding NIT (Tax Identification Number) is required .
  6. Copies: All submitted documents must be in original and two photocopy sets .

Registration with Derechos Reales (DD.RR.)

After obtaining the Public Deed of Sale, the next crucial step is registering it with Derechos Reales (DD.RR.), the Public Registry of Real Rights. This process officially transfers ownership and makes the transaction a public record.

  • Procedure: You must present the required documentation at the DD.RR. office. Initially, you will visit the information window for document verification and guidance. Then, proceed to the "Quick Registration" windows where your documents will be checked, and the registration fee paid. You will receive a pre-print of the registration for your review and confirmation .
  • Delivery Time: Typically, after you will receive the Folio Real (property title record) updated with your name as the new owner and the stamped Public Deed of Sale .
  • PROREVI: Some registrations may require an initial step on the PROREVI website (www.prorevi.gob.bo) before proceeding to DD.RR. .

Foreign individuals and legal entities can own property in Bolivia. Bolivian laws apply to all persons within the territory, and foreigners have the same rights and duties as Bolivians, with certain constitutional restrictions .

Next steps

  • Consult with a Bolivian real estate lawyer to understand specific property regulations and your rights.
  • Gather all necessary identification and financial documents before starting the purchase process.
  • Ensure all property taxes are up-to-date before initiating a property transfer.
  • Verify the property's legal status and absence of liens or encumbrances with Derechos Reales.
  • Understand the rules and regulations of the specific condominium or building association.

FAQs

What is the Horizontal Property Regime in Bolivia?

The Horizontal Property Regime, or condominium ownership, in Bolivia allows for the separate ownership of individual units (like apartments) within a larger building, while common areas (hallways, elevators, etc.) are jointly owned by all unit owners.

What documents are needed to register property in Bolivia?

Key documents include a Public Deed of Sale, proof of payment for the Annual Property Tax and Transfer Tax, an approved building plan or cadastral certificate, and identification documents for buyers and sellers. All must be submitted in original and duplicate copies to Derechos Reales.

How long does it take to register a property purchase?

After submitting all required documents to Derechos Reales, the registration process typically takes three business days to complete, after which you will receive the updated Folio Real and the stamped Public Deed of Sale.

Can foreigners own property in Bolivia under the Horizontal Property Regime?

Yes, foreign individuals and legal entities can own property in Bolivia. Bolivian laws apply to all persons within the territory, and foreigners have the same rights and duties as Bolivians, with certain constitutional restrictions .

Sources

  • ddr_compraventa - https://cm.organojudicial.gob.bo/consejo/manualprocedimientosddrr/4_-compra-venta.html
  • ley483 - https://tsj.bo/wp-content/uploads/2019/11/ley-483-del-notariado-plurinacional.pdf
  • ddr_manual - https://backend.academico.eje.gob.bo/files/recursos/MANUAL_DE_PROCEDIMIENTOS_DE_DD.RR..PDF
  • cpe - http://www.gacetaoficialdebolivia.gob.bo/app/webroot/archivos/CONSTITUCION.pdf

Related guides

This article is general information for educational purposes and is not legal advice. Laws and procedures change; confirm current requirements with a licensed Bolivian lawyer or the responsible public agency before acting.