La subdivisión de predios urbanos y sus conflictos materiales y legales, en torno al tema de “la venta del aire” en Medellín, Antioquia

Abstract

Due to the high population density of urban areas in the municipal capitals, it has become customary to conduct legal business with the aim of having a space to build a new home on top of an existing one. This phenomenon in Colombia has some requirements to be legalized, which include costs that cannot be paid by a large part of the population, so "air sales" are performed without the legally established procedure. If this procedure is not completed in the correct way, it will bring multiple consequences at a legal and social level. An example of this are sanctions, fines, and tax inconveniences that must be assumed by the houses due to the lack of division of the same, another example would be structural failures that put at risk the lives not only of the inhabitants of the property but also of its neighbors since the pertinent studies are not carried out by the Curatorship before starting construction. In this way, it becomes important to perform an investigation to understand how this problem is being handled, in Colombia and Brazil. To focus specifically on analyzing the measures that have been taken judicially, doctrinally, and legally in our country, to finally propose feasible solutions or alternatives to reduce this situation that affects the lives of thousands of citizens and on which there are no specific studies.