Buying a condo in El Salvador: the condominium law, the reglamento and the fees

Which law governs condos, and what is it called?

The law is the Ley de Propiedad Inmobiliaria por Pisos y Apartamientos, Decree-Law 31 of 21 February 1961, published in Diario Oficial No. 40 on 27 February 1961 and reformed in 1974. The official title spells the last word “Apartamientos”. Consortium Legal’s June 2026 analysis identifies it as the legal foundation of the condominium regime in El Salvador.

Article 1 allows the floors of a building, the apartments on each floor and the apartments of a single-story building to belong to different people, as long as each is independent and has direct access to the public road or to a common space leading to it. Spanish speakers also call this propiedad horizontal (horizontal property).

Ley de Propiedad Inmobiliaria por Pisos y Apartamientos (Decreto Ley 31, 1961)

What is filed with the registry when a building becomes a condominium?

Article 3 lists what the developer presents to the Property Registry: the plans with numbered floors and units, a certificate that the construction was approved, the occupancy permit, the testimonio of a deed describing the land, the building, each unit’s number, area and share of the total value, which things are private and which are common, and the Reglamento de Administración, also by public deed. The deed is recorded and the other documents form a file kept at the registry for anyone to consult.

The regime can be set up before the building exists. In that case the construction approval and occupancy permit are filed later, when construction is finished. For a new or recent building, ask whether those two documents are in the registry file. Article 42 requires the property to be free of liens, except a mortgage whose lender consents; that mortgage is then divided automatically among the units.

• Approved plans with unit numbers
• Certificate of construction approval
• Occupancy permit
• Regime deed with each unit’s share of value
• Reglamento de Administración

Ley de Propiedad Inmobiliaria por Pisos y Apartamientos (Decreto Ley 31, 1961)

What exactly do you own?

Article 6 makes each owner the exclusive owner of the unit and a co-owner of the land and of everything used in common or needed for the building’s existence, safety and upkeep. It lists foundations and structure, roof, lobbies, stairs, service installations, the caretaker’s quarters, mailboxes, elevators, patios and gardens. Article 7 adds corridors, hallways and terraces. Article 9 says these shared rights cannot be sold or mortgaged separately from the unit.

Article 6 lists general garages, basements and roof terraces as common “salvo pacto en contrario”, unless agreed otherwise. That makes parking a question for the regime deed: is your space a private part of your unit, an assigned use of a common area, or neither? Article 10 sets each owner’s share in proportion to the unit’s value, fixed unanimously by the owners or, failing that, by judicial appraisal.

Ley de Propiedad Inmobiliaria por Pisos y Apartamientos (Decreto Ley 31, 1961)

What must the Reglamento de Administración contain?

Article 26 lists the minimum contents: rules for using the common areas, the proportion and method of paying common and administration expenses, requirements to be elected administrator and grounds for removal, the administrator’s pay and powers, the date the administrator must render accounts (at least once a year), how assemblies are called and how often, and the majorities required for decisions.

Article 27 allows the reglamento to be amended only by three quarters of the owners representing at least three quarters of the building’s value, by public deed filed with the registry. Article 12 bars using a unit for purposes other than those assigned. Consortium Legal notes that reglamentos can set reasonable restrictions on short-term rental use. Read it before you plan a rental.

• Use of common areas
• How cuotas are calculated and paid
• Administrator’s powers, pay and accountability
• Assembly rules and voting majorities
• Use restrictions, including rentals

Ley de Propiedad Inmobiliaria por Pisos y Apartamientos (Decreto Ley 31, 1961)

Who runs the building?

Article 25 gives administration of the common areas to the Asamblea de Propietarios (owners’ assembly), acting under the reglamento. Article 29 has the assembly elect an administrator at its first meeting; until then, the building’s owner must appoint one or act as administrator. Article 31 requires the appointment to be published three times in the Diario Oficial and the administrator’s name to appear in the building directory. Article 36 sets a one-year term if none is stated.

Article 32 requires a majority of owners to hold an assembly, and decisions need more than two thirds of the votes present representing at least three quarters of the building’s value. Article 33 makes the administrator responsible for enforcing the reglamento, collecting cuotas, ordering urgent repairs, and keeping the minutes book and issuing certifications from it. A newer building where the developer still acts as administrator is worth a specific question.

Ley de Propiedad Inmobiliaria por Pisos y Apartamientos (Decreto Ley 31, 1961)

How are cuotas set, and what if they go unpaid?

Under Article 18, owners pay in proportion to the value of their units, unless agreed otherwise, for repairs to common parts, insurance premiums, taxes on the whole building and other necessary expenses; administration costs follow the reglamento. Article 20 makes each owner pay the taxes and fees on their own unit, and Article 22 says giving up use of the common areas does not excuse payment.

Article 19 transfers the obligation to pay insurance premiums to the new owner, including premiums unpaid at the date of transfer. Article 37 lets the administrator enforce unpaid cuotas through a notarial record that serves as an enforceable title. For other arrears, get the administrator’s certification that the unit is current and have your attorney cover the point in the deed. Consortium Legal reports that San Salvador’s municipal fee ordinance charges each unit separately and splits common-area fees proportionally.

Ley de Propiedad Inmobiliaria por Pisos y Apartamientos (Decreto Ley 31, 1961)

What should you check in the minutes and on site?

The minutes book shows how the building actually runs. Ask for certified extracts of the last two years of assembly decisions under Article 33. Look for special assessments, lawsuits, insurance claims, elevator or water-system repairs, and disputes with the developer. Article 12 also bars owners from taking fire insurance except for the whole building and by assembly resolution, so ask for the building policy.

On site, compare the unit number, area and parking with the regime deed. Visit the common areas you will pay for. A Salvadoran attorney or notary should review the reglamento and the regime deed for the specific building.

• Reglamento de Administración and any recorded amendments
• Regime deed showing your unit’s share of value
• Administrator’s statement of cuotas and insurance premiums
• Certified minutes of recent assemblies
• Building insurance policy
• Diario Oficial publication of the administrator’s appointment