Latin America
Student accommodation regulation in Colombia (2026)
Colombia has no act that regulates student residences as an activity. Anyone opening or running one moves between three pieces: Law 820 of 2003, which regulates urban residential leases and includes the contrato de pensión, or the Commercial Code if what is provided is lodging; the National Code of Security and Citizen Coexistence to open the establishment; and Law 1581 of 2012, supervised by the Superintendence of Industry and Commerce.
The short answer
Colombia has no student accommodation act. The closest thing is the contrato de pensión (boarding contract) of Law 820 of 2003; the rest comes from the police code, the fire services and habeas data, as the right over one's own data is called there.
| What | Rule | Who applies it |
|---|---|---|
| Legal figure | No act of its own; contrato de pensión of Law 820 of 2003, Art. 4 | Civil judges |
| Contract | Lease: Civil Code and Law 820; lodging: Commercial Code | Civil judges |
| Establishment | Law 1801 of 2016, Art. 87; Law 1575 of 2012, Art. 42 | Police and fire services |
| Data | Law 1581 of 2012 and Decree 1074 of 2015 | Superintendence of Industry and Commerce |
| AI | No general act; External Circular 002 of 2024 | Superintendence of Industry and Commerce |
What residences are called there
People speak of university residences, private student residences —the model called PBSA elsewhere— and pensiones or rooms with services. The law defines none of them as an activity, but it classifies urban residential leases "cualquiera que sea la estipulación al respecto" ("whatever is stipulated about it", Law 820, Art. 4); two matter for a residence:
- Compartido (shared): a non-independent part is let and the rest is shared with the landlord or with other tenants.
- De pensión (boarding): a non-independent part of a property that necessarily includes additional services, things or uses and is agreed for less than a year. Either party can end it with ten days' notice and no compensation.
The contract: lease, boarding or lodging
A lease is the contract in which one party grants the enjoyment of a thing and the other pays a set price (Civil Code, Art. 1973). For urban housing, Law 820 of 2003 applies:
- Term: whatever the parties agree; if they agree none, one year (Art. 5).
- Security: cash deposits and other real guarantees cannot be required, not even indirectly (Art. 16).
- Rent review: every twelve months and never above the rise in the consumer price index for the previous year (Art. 20).
- Registration: anyone mainly engaged in letting urban housing in municipalities of more than fifteen thousand inhabitants registers as a landlord (Art. 28).
If the residence is a business providing accommodation and services, the contract can be a commercial hospedaje (lodging agreement) (Commercial Code, Art. 1192), subject to the regulation the Government determines (Art. 1193).
The establishment
The framework is national: the National Code of Security and Citizen Coexistence (Law 1801 of 2016). Before opening, land use must be complied with, the commercial registration must be current and the opening must be reported to the Police; afterwards the security, health and environmental conditions apply, and "para ofrecer los servicios de alojamiento al público u hospitalidad" ("to offer accommodation or hospitality services to the public") the Registro Nacional de Turismo (National Tourism Register) is required (Art. 87).
Fire services inspect fire prevention in public and private buildings and test their fire protection systems every year (Law 1575 of 2012, Art. 42). Land use is set by each municipality.
Data protection
Law 1581 of 2012 applies, regulated by Decree 1377 of 2013, now compiled in Decree 1074 of 2015. The authority is the Superintendence of Industry and Commerce (Art. 19). For a residence that answers on WhatsApp:
- Autorización (consent): prior and informed, by any means that can be checked later (Art. 9). When asking for it, the residence states the purpose, the data subject's rights and its contact details, and keeps the evidence (Art. 12).
- Policy and notice: the residence has a data processing policy; the aviso de privacidad (privacy notice), which points to it, serves when the policy cannot be made available to the data subject (Decree 1377, Arts. 13 to 15).
- Sensitive data: health data is sensitive (Law 1581, Art. 5) and requires explicit consent (Art. 6).
- Processor in another country: sending data to a processor outside Colombia to handle it on the residence's behalf is a transmisión (transmission), not a transfer; it need not be reported to the data subject nor consented to if there is a transmission contract (Decree 1074, Arts. 2.2.2.25.5.1 and 2.2.2.25.5.2).
- National Register of Databases: companies and non-profits with total assets above 100,000 UVT (tax value units) register their databases (Decree 1074, Art. 2.2.2.26.1.2).
A transfer to another controller only goes to a country with an adequate level, save for the exceptions in Art. 26. The SIC's list (External Circular 005 of 2017, section 3.2 of Title V of the Circular Única) includes the European Union member states, Ireland among them, and the United States, among others, and the SIC can review it. Since December 2025 it also accepts the model clauses of the Ibero-American Data Protection Network (External Circular 003 of 2025).
What the rules do not say
Worth knowing
Law 820 does not say whether a residence is a lease, a boarding contract or lodging: what is agreed and provided decides it, and a judge if there is a dispute. And it matters: the ban on deposits and landlord registration belong to residential leasing; the National Tourism Register, to accommodation offered to the public.
Colombia has no general artificial intelligence act. What there is, is the SIC's External Circular 002 of 2024, which applies Law 1581 to AI systems and, where a high risk to data subjects is likely, asks for a documented privacy impact assessment before they are designed.
Where Bedel comes in
Bedel answers the residence's WhatsApp in the language of whoever writes (languages) and passes to the phone of a person on the team whatever a machine should not decide (escalation to people). Its data is in the European Union, in Ireland, and the AI model runs in the United States under Standard Contractual Clauses. For a residence in Colombia, Bedel would be a processor, and Decree 1074 calls for a transmission contract between them. What changes in the contract and in the processing is discussed before signing.
Frequently asked questions
Is there a student accommodation act in Colombia?
No. No law regulates the student residence as an activity. The closest is the contrato de pensión of Law 820 of 2003: a non-independent part of a property, with additional services and for less than a year. If the residence is a business providing accommodation and services, the contract can be a commercial lodging agreement under the Commercial Code.
Can I ask the resident for a deposit?
In an urban residential lease, no. Article 16 of Law 820 bans requiring cash deposits or other real guarantees to secure the tenant's obligations, and they cannot be agreed indirectly or in a separate document either. The contrato de pensión is one of the urban housing contracts of that law. If the contract is a commercial lodging agreement, the Commercial Code applies.
Do I need consent to process data that arrives on WhatsApp?
Yes, as a general rule. Law 1581 requires prior and informed consent, obtained by a means that can be checked later (Article 9), and when asking for it the residence must state the purpose, the data subject's rights and its contact details (Article 12). Health data, such as an allergy, is sensitive and requires explicit consent (Article 6).
Can I use a provider that stores data outside Colombia?
Yes. If the provider handles the data on the residence's behalf, it is a processor and the sending is a transmission: it need not be reported to the data subject nor consented to if there is a transmission contract with the obligations of Decree 1074 of 2015. If the recipient decides about the data, it is a transfer and the country must have an adequate level according to the SIC, save for the exceptions of Article 26.
What fine can the Superintendence of Industry and Commerce impose?
Law 1581 allows the SIC to fine controllers and processors up to two thousand current legal monthly minimum wages, repeatedly while the breach lasts, and also to suspend processing activities for up to six months, close them temporarily, or immediately and permanently close an operation that processes sensitive data (Article 23).
Other countries
- MexicoNo act of its own: a lease or a lodging agreement under each state's civil code, civil protection for the building and a federal data protection law that is new since March 2025.
- ChileNo act of its own: a lease or a lodging agreement, the OGUC's "hogar estudiantil" and a data protection law that changes on 1 December 2026.
- ArgentinaNo national act of its own: the Civil and Commercial Code lease after Decree 70/2023, each municipality's licence, and Law 25.326 with the AAIP.
- PeruNo act of its own: a lease or a lodging agreement under the Civil Code, a municipal licence with a safety inspection, Law 29733 with a new regulation and an AI regulation in force since 2026.
- SpainThe starting point in Spain: which rule governs the legal figure, the contract, the building, the data and the AI of a student residence, with the guide for each.
- United KingdomFour systems in one country: in England, membership of an approved management code weighs on whether a student building is an HMO and on which contract is signed; data follows UK GDPR.
- IrelandA figure of its own: student specific accommodation, within tenancy law and under the RTB since 2019, whether signed as a lease or as a licence.
- PortugalRules of its own for the building since January 2022 (Decree-Law 14/2022 and Ordinance 35-A/2022); the contract is a Civil Code tenancy and data goes through the GDPR and Law 58/2019.