This is one of the contracts through which a person can become the owner of a house, a plot of land, a piece of furniture, or a sum of money. It must always be executed through a public deed if an immovable property is being donated. A donation occurs when someone gifts a property or a part of it to another person, and the recipient formally accepts it in writing. Whenever a donation is made, prior approval from the state is required, called “insinuation of donation,” processed by a notary. The donation must be executed before a notary if it exceeds 50 minimum monthly wages; for amounts below this threshold, notarization is not required.
Who can donate?
Those who have legal capacity (are of legal age and have free management of their assets) can donate. Those who have been legally declared incapable of managing their assets (Articles 1444 and 1445 of the Colombian Civil Code) cannot donate. To transfer property through a donation, the parties must complete two stages:
At the Notary Office:
- Execute both the insinuation and the donation in the same public deed, specifying the donation’s characteristics.
Requirements:
- The donor must have full legal capacity. If the donation is made to a minor, they are represented by a parent, or both parents, or the legal guardian or administrator for minors and people with disabilities.
Decree 1712 of 1989 authorizes notaries to approve inter vivos donations through a public deed if the following requirements are met:
- Mutual agreement between donor and recipient, both legally capable of contracting.
- The donation’s value exceeds 50 minimum monthly wages.
- Joint request submitted to the notary in the donor's place of residence.
- Proof of the property’s commercial value.
- Proof of the donor’s ownership.
- Accounting certification ensuring the donor’s sufficient subsistence.
Required Documents:
- Identification documents of all parties involved.
- A written request from both the donor and the recipient submitted to the notary in the donor’s city or municipality, including a certified commercial appraisal of the property, issued by the local real estate association.
Additional documents:
- Current property tax payment receipt or clearance certificate.
- Valuation contribution clearance certificate.
- Copy of the property’s acquisition title.
- Property title of the donated asset.
- Tax clearance certificates for property tax (including the cadastral appraisal) and valuation tax as applicable in the municipality. If the property is under horizontal ownership (e.g., an apartment), a clearance certificate for administration fees is also required.
Source: Text from the booklet by the Unión Colegiada del Notariado Colombiano, "Procedures in Notaries" – Citizen Guidance.
