Airbnb Laws in Colombia

Airbnb Laws in Colombia

Colombia

Introduction
Introduction to Airbnb in Colombia

Colombia, a country renowned for its vibrant culture, stunning landscapes, and rich history, has become a hotspot for travelers seeking unique experiences through short-term rentals or alquileres de corta duración. Popular destinations such as Cartagena, Medellín, and Bogotá offer a wide array of accommodations, from colonial-style apartments to modern city lofts. The impact of these rentals on the Colombian economy is significant, with the government generating substantial revenue from this sector in 2023. Major platforms like Airbnb and Booking.com have become the go-to sources for listing these properties, making it easier for tourists to find the perfect place to stay while exploring the diverse beauty of Colombia.

Overview

Colombia, a country renowned for its vibrant culture, stunning landscapes, and rich history, has become a hotspot for travelers seeking unique experiences through short-term rentals or alquileres de corta duración. Popular destinations such as Cartagena, Medellín, and Bogotá offer a wide array of accommodations, from colonial-style apartments to modern city lofts. The impact of these rentals on the Colombian economy is significant, with the government generating substantial revenue from this sector in 2023. Major platforms like Airbnb and Booking.com have become the go-to sources for listing these properties, making it easier for tourists to find the perfect place to stay while exploring the diverse beauty of Colombia.

Property
Overview

Colombia has associations supporting short-term rental owners: 1) Asohost advocates for short-term rental hosts using digital platforms, promoting formalization and ethical practices, and engaging in policy discussions. 1 2) COTELCO, primarily representing hotels, also addresses broader hospitality concerns, including the impact of short-term rentals, advocating for stricter regulations. Engaging with these associations offers advocacy, resources/training, and networking opportunities. Both are based in Bogotá.

Property
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short term rentals
What is Airbnb in Colombia?
What are short Term Rentals in the Country?

Short-term rentals in Colombia are typically referred to as "servicios de alojamiento turístico" (tourist accommodation services) or "servicios de hospedaje" (lodging services). The local term for short-term rental properties is "hospedajes" (lodgings). On popular booking platforms like Airbnb and Booking.com, these listings are typically identified as "vacation rentals," "holiday rentals," or "tourist accommodations."

Short-term rentals in Colombia are defined as fully furnished properties rented out for brief periods, to travelers seeking alternatives to conventional hotel accommodations. These rentals typically include a variety of properties, such as apartments, homes, and individual rooms, often managed by private owners or small businesses. Colombia’s short-term rental sector has attracted both domestic and international travelers who seek more personalized and often more economical lodging options. These accommodations cater to tourists and business travelers alike, adding a level of flexibility and personalization that can enhance the travel experience.

Is Subletting Legal?
Is Subletting Legal in Colombia?

Subletting laws in Colombia allow property owners to operate short-term rentals, provided they comply with national and local regulations. For tenants, however, subletting can be more restrictive. In general, tenants are not permitted to legally operate a short-term rental without explicit permission from the landlord. If the property is located within a condominium governed by horizontal property laws, additional approval may be required from the homeowners' association, as many associations impose restrictions on short-term rentals to maintain the community’s residential nature. Local government regulations may further influence the legality of subletting, making it essential for tenants to obtain all necessary permissions before offering short-term accommodations.

National Association for STR Owners
What is the maximum length of stay in Colombia?
What is the maximum length of stay?

Colombia has no national maximum stay for short-term rentals, but local regulations (e.g., in Cartagena and Medellín, which has a 30 day limit) may impose restrictions. Maximum stay can also be affected by property type (apartments/condominiums often have stricter rules than houses, especially regarding homeowners association regulations) and the number of guests (occupancy limits may indirectly shorten allowable stays).

Is there any National Registration Requirement or Permit?

In Colombia, all short-term rentals (under 30 days) must register with the National Tourism Registry (RNT). This is mandatory for offering tourist services. Registration requires personal/RUT info, property details (address, rooms, beds), and business details (if applicable). Hosts must agree to a code of conduct. Registration is done online, takes up to 15 business days, and must be renewed annually (Jan 1-Mar 31). The RNT number must be displayed on platforms like Airbnb. Failure to register can result in fines (up to $650,000 USD), suspension of operations, and legal action.

Is there a need for Permission from Landlord/Local Council/Neighbors?

In Colombia, hosts may need explicit permission from relevant parties to operate short-term rentals, especially if they are not the primary property owners. If the property is rented, the tenant must obtain direct consent from the landlord to sublet the property on a short-term basis. This requirement ensures that landlords have control over how their properties are utilized.

Is Short-term rental Income taxable?

Colombian short-term rental income is subject to: 1) Income Tax (0-39% progressive rates) with a 3.5% upfront withholding (creditable against final tax) and deductible expenses (administrative, insurance, agent fees, maintenance, property taxes); 2) Industry and Commerce Tax (0.2-1%, varying by location, deductible from income tax); 3) Potential Wealth Tax (0.5-1.5% on high net worth assets, including rental properties); and 4) Local taxes (e.g., property tax, typically 0.4-1.2%, and potentially other local lodging taxes). Regulations can vary by city (e.g., stricter rules in some Cartagena areas).

Is there any National Tourism Fund or Tourist Tax?

Yes, hosts in Colombia are required to contribute to national tourism funds and may be required to collect taxes from guests for short-term rentals.

Here's a breakdown:

National Tourism Fund (Fontur):

  • Tourism service providers, including those offering short-term rentals, are required to contribute 2.5 per thousand (0.25%) of their operating income to the National Tourism Fund (Fontur). This contribution is mandatory and must be settled quarterly.

Local Taxes:

  • Hotel Tax: Many municipalities in Colombia impose a hotel tax on short-term rentals. This tax is typically collected by the host and remitted to the local government. The rate varies by city, but it's usually a percentage of the total cost of the stay.

Is there any Guest Registration and Reporting Requirement?

In Colombia, hosts offering short-term rentals are legally obligated to register and report guest information to national authorities. The key requirements include:

- **Accommodation Registration Card (TRA):Purpose:** The TRA serves as the legal proof of a lodging contract between the host and the guest.- **Obligation:** Hosts must report all guests—both **national and foreign**—through the TRA system at check-in or check-out.- **Reporting Platform:** The Ministry of Commerce, Industry, and Tourism provides an online portal for TRA reporting.

Failure to comply with these reporting obligations can result in substantial fines and legal consequences. For instance, operating without TRA and SIRE registration can lead to fines up to 300 million COP (approximately $80,000 USD) and suspension of your National Tourism Registry (RNT) for five years.

Is there any National Health and Safety Requirements?

In Colombia, operating a short-term rental property requires adherence to specific health and safety standards to ensure the well-being of guests and compliance with national regulations. Key requirements include:

  1. Health and Cleanliness Protocols: Maintaining high standards of cleanliness and hygiene is crucial. Implementing advanced cleaning protocols, such as those endorsed by recognized institutions like the San Ignacio de Colombia University Hospital, is recommended to ensure guest safety and satisfaction.
  2. Safety Measures: Ensuring the safety of guests involves:
    • Installing smoke detectors and fire extinguishers.
    • Providing clear emergency exit routes.
    • Ensuring structural integrity and regular maintenance of the property.

These measures help in preventing accidents and ensuring a safe environment for guests.

Is there any Platform Accountability Requirement?

Yes, online platforms like Airbnb are increasingly expected to play a role in ensuring that short-term rental listings comply with national laws and regulations in Colombia. While specific regulations may vary, many countries, including Colombia, are implementing stricter regulations on short-term rentals. Online platforms are under pressure to ensure that their listings adhere to these rules to avoid legal consequences and maintain a positive reputation.

Here's how online platforms can contribute to ensuring compliance:

  • Verifying Host Information: Platforms can request and verify information such as identification documents, proof of property ownership, and RNT registration numbers.
  • Providing Educational Resources: Platforms can provide hosts with information about local regulations, tax obligations, and guest reporting requirements.
  • Collaborating with Local Authorities: Platforms can work with local governments to share information and ensure compliance with regulations.
  • Implementing Technology Solutions: Platforms can use technology to automate compliance checks and flag potential violations.

Is there any Anti-Discrimination Law?

Colombia upholds anti-discrimination laws that prohibit discrimination against guests in short-term rentals. The Colombian Constitution guarantees equality and prohibits discrimination based on race, gender, religion, or socioeconomic status. Additionally, Law 1482 of 2011, known as the Anti-Discrimination Law, establishes penalties for discriminatory acts, including those in housing and accommodation services. Property owners and hosts are legally obligated to provide equal access to accommodations without prejudice. Violations of these laws can result in legal actions, fines, and potential suspension of operating licenses, emphasizing the importance of inclusive practices in the hospitality industry.

Is there any Data Sharing Requirements?

Yes, there is a mandate for short-term rental platforms to share data with national government authorities in Colombia. This is part of the government's efforts to regulate the short-term rental industry.

The TRA (Tarjeta de Registro de Alojamiento) and Foreigners Reporting System (SIRE) are specific systems for reporting guest information. Hosts need to register the arrival and departure of their guests, both national and foreign, and share relevant information with the authorities, such as:

  • Guest information (names, nationalities, passport numbers)
  • Booking and payment information

It's important for hosts to be aware of these data-sharing requirements and to ensure that they are complying with all relevant regulations.

Is there any National Insurance Requirement?

Yes, in Colombia, hosts offering short-term rental properties are legally required to have a liability insurance policy that covers damages to guests and third parties. This mandate is established under Article 32 of Law 2068 of 2020. This insurance ensures that hosts are protected against potential claims arising from incidents that may occur during a guest's stay. It's advisable for hosts to consult with insurance professionals to obtain a policy that meets the legal requirements and adequately covers their specific circumstances

Is there any National Zoning law/Cultural Heritage law?

In Colombia, short-term rental hosts must adhere to specific regulations to protect culturally and historically significant areas:

  1. National System of Protected Areas Compliance: If your property is within the National System of Protected Areas or the National Natural Parks System, you must comply with environmental regulations to promote the conservation of cultural, natural, and social heritage.
  2. Zoning and Land Use Regulations: Local authorities may have zoning laws that restrict or prohibit short-term rentals in certain areas, especially those of cultural or historical importance. It's essential to verify with municipal authorities whether your property is in a zone permitting tourist accommodations.
  3. Horizontal Property Regime Considerations: If your property is part of a building under the horizontal property regime (similar to condominiums), the homeowners' association may have bylaws affecting short-term rentals. Some associations may prohibit or impose restrictions on such rentals to preserve the building's character and ensure residents' safety.

By complying with these regulations, hosts contribute to preserving Colombia's rich cultural heritage while operating their short-term rental properties responsibly.

Is there any Environmental Regulations that affects STR?

Colombia encourages sustainable practices in short-term rentals, though no specific national mandates exist. Hosts should: 1) Comply with environmental regulations in protected areas (e.g., National Natural Parks); 2) Align with the Ministry of Tourism's sustainability policies; 3) Implement energy/water conservation measures (efficient appliances, low-flow fixtures, renewables); 4) Practice effective waste management (recycling, reducing single-use plastics); and 5) Educate guests on local sustainability initiatives and responsible tourism. These practices benefit both the environment and attract eco-conscious travelers. Staying informed about national/local guidelines is crucial.

Is there any National Tenant Protection Law?

Colombian law provides robust protections for long-term tenants, safeguarding them from unjust eviction to convert properties into short-term rentals. The Urban Lease Law (Law 820 of 2003) outlines the rights and obligations of landlords and tenants, including provisions that prevent eviction without just cause. Landlords cannot terminate a lease prematurely to pursue short-term rental opportunities unless the tenant violates the lease terms or other specific legal conditions are met. These protections ensure housing stability for long-term tenants and regulate the conversion of rental properties into short-term accommodations.

Is there any Reporting Requirements for Foreigners?

Hosts in Colombia are required to report the presence of foreign guests to national immigration authorities. This involves registering guest information with Migración Colombia, the country's immigration agency, to monitor and control the entry and stay of foreign nationals. Hosts must collect identification details, such as passport information, and submit this data to the Foreigners Reporting System (SIRE).

Foreigners Reporting System (SIRE):

  • Purpose: SIRE is an online platform managed by Migración Colombia for reporting the stay of foreign guests.
  • Obligation: Hosts are required to report both the arrival and departure of all foreign guests through the SIRE system.
  • Reporting Platform: The SIRE platform is accessible online for hosts to fulfill this requirement.

Compliance with these reporting requirements is essential to avoid legal issues and contribute to national security efforts.

Is there any Digital Platform Regulation Compliance?

Digital platforms facilitating short-term rentals in Colombia are required to verify that listings comply with national regulations before allowing properties to be listed. This includes ensuring that hosts have registered with the RNT and that properties meet health, safety, and zoning requirements. Platforms may be held accountable for hosting non-compliant listings and could face penalties if they fail to enforce these standards. This regulatory framework aims to promote responsible hosting practices and protect consumers by ensuring that all listed properties adhere to legal requirements.

Is there any Consumer Protection Law that affect STR?

In Colombia, short-term rentals are subject to consumer protection laws aimed at ensuring fair treatment and transparency for guests. The Colombian Consumer Protection Statute (Law 1480 of 2011) establishes a framework for protecting consumer rights in various transactions, including short-term rentals. This statute requires hosts to provide clear information about the terms of rental agreements, ensuring that guests are aware of policies regarding cancellations, refunds, and any fees or additional charges associated with the rental. Moreover, the law prohibits deceptive or misleading advertising, safeguarding guests from false claims about the property’s amenities or location. Violations of consumer protection standards can lead to penalties, including fines, as well as potential legal actions by the Superintendence of Industry and Commerce, the agency responsible for enforcing consumer protection laws in Colombia.

Is there any Law that applies to Non-resident Owners?

Non-resident property owners in Colombia who operate short-term rentals may face specific regulations and tax obligations. While Colombia does not impose a residency requirement for owning property, non-resident owners are required to pay taxes on income generated from rentals within the country. The National Tax and Customs Directorate (DIAN) collects taxes on income earned from short-term rentals, regardless of the owner's residency status. In addition, non-resident owners must comply with registration requirements, such as listing their properties with the National Tourism Registry (RNT. Failure to adhere to these regulations can result in penalties, including fines and, in severe cases, legal actions or restrictions on the use of the property. Compliance with these laws ensures non-resident owners contribute fairly to local economic systems and tourism infrastructure.

Is there any classification of STR in the country?

In Colombia, short-term rentals are not explicitly classified into categories. However, properties with specific features, such as individual apartments and entire homes can have different regulations. The Ministry of Commerce, Industry, and Tourism sets guidelines with certain standards and requirements in place. Properties listed as tourist accommodations must comply with health, safety, and quality standards to ensure they meet visitor expectations.

Are there Special National Event Regulations?

There are no explicit special national event regulations in Colombia. However, during national events or holidays like Carnaval de Barranquilla, Colombia may implement additional regulations affecting short-term rentals. These can include stricter identification verification processes, imposed curfews, noise restrictions, and limitations on the maximum length of stay to manage increased tourist activity and maintain public order.

Is there any Penalty for Violating National Rules?

Colombian law imposes strict penalties for failing to comply with short-term rental regulations. Renting out a property without registering with the National Tourism Registry (RNT) can lead to fines and suspension from listing on rental platforms. Hosts may also face penalties for not meeting health and safety standards, breaking zoning laws, or failing to pay taxes. The Superintendence of Industry and Commerce and DIAN can impose fines, and legal action may be taken in severe cases. Penalties include financial costs and can affect the property’s operations and the host’s reputation.

Are there National Rules or Regulations Governing Short-Term Rentals in Colombia?
Are there National Rules or Regulations Governing Short-Term Rentals in the Country?

Colombia regulates short-term rentals through several key measures: 1) Mandatory registration with the National Tourism Registry (RNT, per Decree 2119 of 2018); 2) Compliance with zoning/land use regulations (municipalities may restrict rentals in certain areas); 3) Adherence to Horizontal Property Law (Ley 675 de 2001), requiring co-owner approval (typically 70% majority) in condominiums; 4) Guest reporting via the TRA system (for all guests) and SIRE platform (for foreign guests); 5) Tax obligations (income tax and potential VAT); 6) Adherence to health and safety standards; and 7) Encouragement of sustainable tourism practices. Non-compliance can result in fines and RNT suspension. Consulting legal experts or local authorities is recommended

Is there any National Tax that affects short-term rental?

Colombian short-term rental income is subject to: 1) Income Tax (0-39% progressive for residents, 35% flat for non-residents); 2) Potential VAT (19%) if hospitality services are offered; 3) Municipal taxes (including property tax and potentially local tourism taxes); and 4) Potential Withholding Tax. Double taxation treaties may apply to foreign owners. Hosts should register with DIAN, maintain records, and consult a tax/legal advisor for compliance.

permits, license
Are there any Permits, Licenses, or Registrations for Airbnb in Colombia?
Are there any Permits, Licenses, or Registrations for Short-term Rentals in the Country?

In Colombia, all short-term rentals (under 30 days) must register with the National Tourism Registry (RNT). This is mandatory for offering tourist services. Registration requires personal/RUT info, property details (address, rooms, beds), and business details (if applicable). Hosts must agree to a code of conduct. Registration is done online, takes up to 15 business days, and must be renewed annually (Jan 1-Mar 31). The RNT number must be displayed on platforms like Airbnb. Failure to register can result in fines (up to $650,000 USD), suspension of operations, and legal action.

Is there any National Association for Airbnb owners in Colombia?
Is there any National Association for STR owners in the Country?

Colombia has associations supporting short-term rental owners: 1) Asohost advocates for short-term rental hosts using digital platforms, promoting formalization and ethical practices, and engaging in policy discussions. 1 2) COTELCO, primarily representing hotels, also addresses broader hospitality concerns, including the impact of short-term rentals, advocating for stricter regulations. Engaging with these associations offers advocacy, resources/training, and networking opportunities. Both are based in Bogotá.

National Association for STR Owners

Disclaimer

Lodge compliance is not a licensed tax or financial advisor. Therefore nothing in the above article should be construed as tax, legal, or financial advice. Contact your local tax office for information regarding your personal circumstance.

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