Colombian National Constitution of 2013

Digest

The 1991 National Constitution instituted several changes in Colombia´s political, economic and environmental panorama. As part of the urban transformation that began with the introduction of Law 9, the 1991 Constitution introduced the solidarity principle and the collective rights concept, under which the new notion of rights and duties was framed. This allowed further elaboration of the principle of the social function of property, adding a dimension of ecological or natural preservation.

In the 1991 Constitution, private property was recognized not only as representing a bundle of rights to landowners but also duties and obligations, as the legal system guarantees the social and ecological function of private property and allows reconciling the rights of landowners with the needs of the community.

The correlative duties are imposed by the authorities through urban standards, which establish that any public administration can impose a set of guidelines to all land owners to ensure the rational and responsible development of cities and to guarantee the well-being of all citizens. This is usually framed in the relationship between public power and urbanism, understood as the power vested by the State to define land-use regimes in a specific territory, as well as: (i) how property rights are defined, for example when a specific area of the city must be developed under an association frame and (ii) the type of obligations—costs or duties—that must be assumed for this purpose.

Country: Colombia
Statute Number: 1991
Year: 1991