Assignment of Trust Rights and Off-Plan Apartments in Colombia: Requirements and How to Sell Your Spot

You signed the enrollment for an off-plan apartment, paid installments, and now the mortgage doesn't work out, your job changed, or you simply no longer want the project. Parcero, what you have to sell is not an apartment: it's a quota, meaning your position within a contract. And that sale is only firm once the trust company and the builder accept the new buyer.

Be careful not to confuse this with a purchase promise for a property that already exists. That figure, with its earnest money and notary, we explain in the guide to promesa de compraventa de inmueble en Colombia. Here we are talking about something else: assigning the quota before the deed exists.

What you are actually assigning

When you assign a quota, you transfer your place in the enrollment or trust mandate contract. The apartment deed comes later, when the project meets the conditions and the unit exists to be transferred. In the meantime, the unit remains within the project's structure.

In pre-sales, the trust company collects, manages and invests the funds and, as a general rule, only delivers them to the builder when the contract's conditions are met. Note: according to the Superintendencia Financiera, its obligations are of means; it does not guarantee that the construction will be completed. What it can or cannot do is set out in your contract.

Another point that gets confused: a commercial trust transfers assets to an autonomous estate, while a fiduciary escrow (encargo fiduciario) does not transfer ownership. Check which structure your project uses and don't treat them as synonyms when writing your listing.

When the law allows assignment and when the contract closes it off

Article 887 of the Commercial Code allows assignment of commercial contracts with successive performance without express acceptance from the other party, as long as the law or the contract does not prohibit or limit it. And here is the catch: pre-sale contracts often limit it. That is why the first step is to read your assignment clause, not to assume you can sell freely.

Furthermore, the agreement between assignor and assignee takes effect between you two once signed, but against the builder, the trust company and third parties only from notification or acceptance. Until then, as far as the project is concerned, the holder is still you.

If your original contract is recorded in a public deed, the Commercial Code allows assignment in a private document with notarized authentication of the assignor's signature, but against third parties it has no effect until registration in the corresponding registry. This does not mean every quota assignment must be elevated to a public deed: the form depends on how your contract is recorded.

A useful warning: the property tax clearance certificate (paz y salvo del impuesto predial) belongs to the later deed process, not to the quota assignment package. If you are interested in that document later, it is in this guide on the certificado de paz y salvo del impuesto predial.

Those who have to say yes: trust company, builder and bank

In practice these are three authorizations, and each has its own criteria.

• Trust company: the buyer has to pass its know-your-customer checks, including the source of funds (SARLAFT). The form and deadline are set by your project's trust company, and it can refuse the enrollment if the buyer does not comply.
• Builder: usually requires that you be up to date on payments, reviews the assignee's repayment capacity and, at times, charges an administrative fee. It can refuse.
• Bank or leasing company: the mortgage approved in your name is not inherited through the assignment. The new buyer must demonstrate repayment capacity and, if they are going to finance the balance, obtain their own approval.

As an example that the contract can be stricter than the law: in the Acuerdo de Adhesión EF Preventa LD 2024-1 from Alianza Fiduciaria, if the purchase involves a credit application, the assignment requires the down payment to be fully paid, the third party to be within the degrees of kinship the contract lists, and no negative reports in credit bureaus. This is the clause of one template, not a national rule; yours may say something different.

On timing: one builder states that the process takes it 2 to 4 weeks. That is its experience, not a legal term; the actual time depends on your contract and on how long the trust company and the builder take to respond.

How to set up the offer without inventing the cost of the process

There is no national fee for assignment. Some trust companies and builders charge to process it, but each sets its own amount. Request the fee breakdown in writing from both and agree with the buyer, also in writing, who pays it. Do not promise anyone that you will recover your entire down payment: the price is agreed by the parties and may be less than what you paid.

A serious listing should show:

1. Project name and unit type.
2. Trust company managing the funds.
3. Amount already paid and outstanding balance.
4. Expected delivery date according to the contract.
5. Photos only if they are of the actual project.
6. The clear phrase: "the assignment depends on approval from the trust company and the builder".

That filters out the merely curious and protects you from promising a deed that does not yet exist.

Subsidy and VIP pre-allocation: they do not travel with your quota

If your household is in the 2026 VIP pre-allocation of the social housing access program (formerly Mi Casa Ya), Circular 0005 from Fonvivienda states that the household cannot change builder, project, VIP type or family composition between the pre-allocation and the allocation resolution. So do not offer the subsidy as part of the quota. If in doubt, confirm in your contract, with the trust company and, if there is a subsidy, with Fonvivienda or your family compensation fund.

Week of October 12, 2026

Monday, October 12, 2026 is a national holiday (Day of the Ethnic and Cultural Diversity of the Colombian Nation, according to Resolution 138 of 2021 of the Ministry of Culture) and, as it falls on a Monday, it is not moved. The hours of each notary office or trust company have not been verified, so do not take them for granted.

According to Circular 0005 of August 25, 2026 from Fonvivienda, Thursday, October 15, 2026 at 11:59 p.m. is the closing deadline for document upload for households in "Solicitante Preasignación – Cumple"; correction of "Solicitante - No Cumple" closes on October 22, and the second "Por Asignar" marking on November 23, 2026. A long weekend is no reason to change the buyer of a subsidized quota or to leave the trust company's acceptance "for later".

How to list your quota on Colombia Move and sell it safely

Post the quota in the housing section with the details from the previous point and the approval condition visible. The listing helps you find an interested party; it does not replace the trust company's letter or register anything. Before the main payment, require the trust company to recognize the new holder in writing: if you pay or are paid in full before acceptance, the holder may still be the assignor as far as the project is concerned. Be wary of anyone who offers to pay in full against a screenshot.

According to active listings on Colombia Move (October 2026), there are 201 active apartment listings. That number is not your quota: the unit still has no deed, and the listing must state that the trust company and the builder still have to accept the buyer.

On taxes, the assignment can generate income or occasional gain even without a deed. For commercial trusts, the DIAN refers to article 102 of the Tax Statute; article 300 distinguishes between net income (fixed assets held less than two years) and occasional gain (two years or more). A party adhering to a pre-sale is not always the settlor, so confirm your case with an accountant. I do not publish rates because they depend on your situation.

When the project is already deeded and you want to sell the finished apartment, see how to sell your apartment without an intermediary in Colombia.

Frequently asked questions

❓ Does assigning the quota mean selling the apartment?

No. You cede your position in the enrollment or trust mandate contract; the apartment deed is a different step, taking place when the project meets the conditions. The buyer steps into your place with your rights and obligations toward the project (verify with the official source).

❓ Can I assign without the builder and the trust company accepting?

A private agreement does not bind them until they are notified or accept it, and your contract may require their prior authorization. Article 887 of the Commercial Code allows assignment unless the law or the contract prohibits or limits it (verify with the official source).

❓ How much does the assignment process cost and how much does the trust company charge?

There is no national fee. Some trust companies and builders charge to process it, but each sets its own amount. Request the breakdown in writing from both and agree with the buyer who pays it before signing (verify with the official source).

❓ Can my approved mortgage be used by the buyer?

It does not transfer just with the private contract. The assignee must demonstrate its own repayment capacity and, if it finances the balance, obtain its own approval. The bank is not obliged to take over the credit you had (verify with the official source).

❓ Does the subsidy go with the quota?

Do not offer it as part of the assignment. In the 2026 VIP pre-allocation, the household cannot change project, builder, VIP type or family composition before the allocation resolution. Confirm with Fonvivienda or your compensation fund (verify with the official source).

❓ How do I sell safely and avoid scams?

Require the trust company to recognize the new holder in writing before the main payment. If you pay everything against a screenshot, the holder may still be the assignor as far as the project is concerned. Always use signed letters and contracts, not messages (verify with the official source).

❓ Where can I list my off-plan apartment quota?

You can post it as a listing in the housing section of Colombia Move, stating the project, balance and that the assignment depends on approval. WhatsApp groups or real estate portals also work, always making clear that you are selling a quota and not a deed.