Colombia’s environmental regime is grounded in articles 79 and 80 of the Political Constitution of 1991. Article 79 recognises the right of all persons to enjoy a healthy environment and guarantees public participation in environmental decision making. Article 80 imposes upon the State the duty to plan the management and use of natural resources to guarantee sustainable development, conservation and restoration.

Law 99 of 1993 constitutes the structural environmental statute. It created the Ministry of Environment and Sustainable Development (Ministerio de Ambiente y Desarrollo Sostenible or MADS) and organised the National Environmental System (Sistema Nacional Ambiental or SINA), which is the coordinated set of public authorities, institutions and other actors responsible for environmental policy, regulation and decision making in Colombia. It also codified foundational principles including prevention, precaution, sustainable development and the polluter pays principle.

Decree 1076 of 2015 established a single, unified regulatory framework encompassing all environmental regulations issued up to that date, covering environmental licensing and environmental impact assessment (Estudio de Impacto Ambiental or EIA), natural resource permits, pollution control, hazardous waste and enforcement mechanisms, while maintaining the principles of prevention, precaution, sustainable development and the polluter pays principle.

Law 1333 of 2009, as amended by Law 2387 of 2024, governs the environmental administrative sanctioning regime. The 2024 reform strengthened enforcement powers, increased maximum fines, clarified the definition of environmental damage, and streamlined procedural stages to improve efficiency and legal certainty.

Waste and circular economy are governed by Decree 1076 of 2015 and extended producer responsibility schemes, including Law 2232 of 2022 on the gradual elimination of certain single use plastics and its implementing Resolution 0803 of 2024 issued by the Ministry of Environment and Sustainable Development.

Climate governance is structured by Law 1931 of 2018 and Law 2169 of 2021, although the most significant recent regulatory developments relate to renewable energy licensing reform and climate integration into environmental assessment.

Although the national environmental legal regime establishes the baseline framework, regional and local authorities, in accordance with the Constitution, may issue environmental norms and regulations applicable within their territorial jurisdiction. Under the principle of subsidiarity, such regional regulations must align with national standards and may only be more restrictive, never less protective, than national law.

The Escazú Agreement on access to environmental information, participation and justice was adopted through Law 2273 of 2022 and confirmed as constitutional by the Constitutional Court (Corte Constitucional) in Sentencia C 359 de 2024, reinforcing citizens’ rights to information, participation and judicial remedies in environmental matters.

A notable development in constitutional jurisprudence is the ruling in C-280 of 2024 in which the Constitutional Court held that environmental impact assessments must include an evaluation of climate change impacts to be consistent with the Constitution’s environmental rights, and directed the legislature and the Ministry of Environment and Sustainable Development (MADS) to update applicable regulations accordingly. This jurisprudential mandate shapes ongoing regulatory reform aimed at mainstreaming climate change into environmental licensing.

The principal environmental authority is the Ministry of Environment and Sustainable Development (MADS), responsible for formulating environmental policy, issuing regulatory standards, administering national planning instruments and overseeing the environmental licensing regime.

The National Environmental Licensing Agency (Autoridad Nacional de Licencias Ambientales or ANLA) is the specialised agency in charge of environmental licences for projects of national significance. ANLA evaluates environmental impact assessments, grants or denies licences, sets conditions including environmental management plans, monitors compliance and, under the sanctioning regime, orders corrective measures and imposes administrative penalties.

Regional Environmental Authorities (Corporaciones Autónomas Regionales or CARs) exercise environmental regulatory and enforcement functions at the subnational level, including issuing licences and permits for projects with local or regional impact, overseeing natural resource use, enforcing environmental standards, and initiating administrative proceedings. Municipal authorities, including municipal offices and environmental secretariats and the National Police acting under their statutory mandate, also monitor compliance and carry out inspections within their jurisdictions, supporting CARs in the enforcement of environmental law.

Environmental authorities enforce requirements through a range of tools, including inspections, monitoring obligations, administrative investigations, imposition of fines and suspension or revocation of licences under Law 1333 of 2009 as amended by Law 2387 of 2024. Enforcement has strengthened in recent years, with more structured sanctioning procedures and larger fines reinforcing compliance incentives.

Under Decree 1076 of 2015, environmental licences are required for projects, works or activities listed in Articles 2.2.4.2.1 and 2.2.4.2.2, which are likely to generate significant environmental impacts. Licences are issued by the National Environmental Licensing Agency (ANLA) for projects of national scope or strategic importance, and by Regional Environmental Authorities (CARs) for projects of regional or local impact. The environmental licence integrates authorisation for the use of natural resources, pollution control, environmental management obligations and may include conditions related to monitoring, mitigation, contingency planning and closure. The licensing process involves, among other requirements, submission of an environmental impact assessment (EIA), evaluation, public participation (including prior consultation, if applicable)

For activities not listed for full licensing, specific environmental permits may still be required depending on the actual environmental impacts of the project. These include permits for air emissions, wastewater discharges, water use concessions, forest exploitation, hazardous waste management and other regulated uses, all of which are also recognised in Decree 1076 of 2015. Such permits may carry particular requirements and procedural steps as established by CARs.

Decrees 1033 and 1186 of 2025 introduced the special environmental licensing procedures for solar and wind projects (i.e., Licencia Ambiental Solar con Diseño Optimizado “LASolar” and Licencia Ambiental Eólica con Diseño Optimizado or “LAEólica”), which streamline environmental licensing for utility‑scale solar and wind energy projects. These reforms reduce administrative timelines, facilitate renewable energy deployment and promote a just transition to cleaner energy, while maintaining environmental safeguards.

Environmental licences and specific environmental permits may be transferred between entities subject to prior authorisation from the competent authority. The transfer requires submission of a formal request accompanied by the transfer agreement. In the case of a partial transfer, the agreement specifies which obligations and conditions are assigned to the transferee, whereas in a total transfer all obligations and rights are assigned as they stand. The transfer becomes effective upon issuance of the administrative act by the authority approving it. The authority assesses the transfer to ensure that compliance with environmental obligations will continue uninterrupted and may impose conditions to maintain regulatory oversight.

Decisions on environmental licences may be challenged through administrative appeals (recurso de reposición) before the issuing authority. In certain cases, further administrative appeals before a superior authority are available (if such superior authority exists). Once administrative remedies are exhausted, affected parties may seek judicial review before the administrative courts under the Administrative Procedure and Administrative Litigation Code (Law 1437 de 2011). Constitutional actions (e.g. Tutela or Class Actions) for protection of fundamental or collective rights may also be filed where decisions affect rights such as due procedure, health, prior consultation or clean environment.

Environmental impact assessments (EIAs) are mandatory for projects that require environmental licenses. Under Decree 1076 of 2015, EIAs must conform to specific guidelines or terms of reference set by the competent authority and typically include a description of the project, baseline environmental conditions, identification and evaluation of potential impacts, proposed mitigation and compensation measures, environmental management plans, monitoring and contingency plans. Social and cultural impact analyses are required, and where projects affect indigenous and Afro descendant communities, prior informed consultation under ILO Convention 169 must be integrated.

EIAs are included in the administrative record supporting the licence decision and may be challenged through an administrative appeal against the act granting or denying the license. Intervening third parties (terceros intervinientes), as recognised under article 69 of Law 99 of 1993, may participate in the licensing procedure, submit evidence or arguments regarding the EIA, and contest acts that conclude the administrative process. EIAs and the corresponding licence decisions may also be subject to judicial review before administrative courts, which may suspend or annul decisions where serious procedural irregularities or significant environmental harm are demonstrated.

Colombia addresses soil and groundwater contamination primarily through Law 2327 of 2023, which defines environmental liability as adverse effects caused by human activities that pose unacceptable risks to life, human health or the environment, and for which no existing sectoral instrument applies. The law establishes a national policy framework for environmental liabilities, a National Committee to prioritise interventions, and an Environmental Liabilities Information System to coordinate remedial action and identify responsible parties.

In parallel, Decree 1076 of 2015 authorises environmental authorities to order investigations, containment and remediation measures for contamination arising from licensed or regulated activities. The hazardous waste framework, originally established in Decree 4741 of 2005 and incorporated into the unified decree, imposes extended responsibilities on generators, transporters and final managers of waste. Under this regime, producers and other operators remain liable for hazardous waste until it is disposed of in an environmentally sound manner, which includes potential impacts on soil and groundwater.

Liability may be administrative, civil or criminal. Administrative enforcement is exercised under Law 1333 of 2009, as amended by Law 2387 of 2024, which authorises fines and remedial orders for pollution and environmental damage. Civil liability arises under general tort principles for harm to third parties, while criminal liability applies where conduct constitutes an environmental offence under the Penal Code or specific environmental crimes.

Under what circumstances is there a positive obligation to investigate land for potential soil and groundwater contamination? Is there a positive obligation to provide any investigative reports to regulatory authorities?

Law 2327 of 2023 establishes a baseline framework for the identification and management of environmental liabilities, including soil and groundwater contamination. While implementing regulations are still forthcoming, the law does not create an automatic obligation for landowners to investigate contamination solely by virtue of property ownership. Instead, environmental authorities are empowered to act when there are indications of potential contamination, conducting preliminary risk assessments and applying technical protocols to determine whether a liability exists. Once contamination is confirmed, authorities may coordinate intervention measures and identify responsible parties to implement remediation.

Under Decree 1076 of 2015, environmental licences and specific environmental permits typically impose baseline assessment requirements and ongoing monitoring conditions, which may include soil and groundwater quality where relevant. Detection of contamination in the context of a licensed or permitted activity may prompt authorities to require detailed investigations and the submission of technical reports in accordance with licence or permit conditions. In particular, the hazardous waste framework places extended responsibilities on generators, transporters and waste managers to ensure the final disposition of hazardous waste is environmentally sound, and may trigger investigations where contamination risks associated with hazardous residues arise. Reporting requirements generally derive from licence or permit conditions or from regulatory standards applicable to specific activities and oblige licence holders and permittees to submit investigative reports to the competent authority where monitoring or incidents indicate a potential environmental liability.

Yes. Colombian law establishes a clear obligation to report contamination or environmental incidents that may pose risks to human health or natural resources. For licensed activities, article 2.2.2.3.9.3 of Decree 1076 of 2015 requires licence holders to notify the competent authority immediately and to submit follow‑up reports detailing mitigation and remediation measures.

For activities not subject to environmental licensing, Resolution 1486 of 2018 mandates that operators experiencing an environmental contingency submit an initial report within 24 hours using a Contingency Report Form, followed by progress and final reports on corrective actions. Similar obligations were established under Resolution 1767 of 2016. Contingencies include spills, releases, escapes, exceedance of environmental parameters, or any event impacting soil, groundwater, or other natural resources.

This reporting duty is broadly interpreted to cover situations where contamination migrates beyond the site of origin, including to neighbouring properties. In such cases, the obligation to inform authorities ensures prompt oversight and coordinated remedial action.

Failure to comply with these reporting obligations may constitute a breach of regulatory requirements and expose the responsible party to enforcement under the environmental sanctioning regime established by Law 1333 of 2009.

Colombia´s waste is grounded in the general constitutional and environmental framework, headed by the Constitution of Colombia and Law 99 of 1993, which structure the National Environmental System (SINA) and assign powers to environmental authorities for regulation, control, and oversight. The core regulatory instrument is Decree 1076 de 2015, the Unified Environmental Decree, which consolidates the principal rules on waste classification, management, control and sanctioning. For municipal solid waste and the public sanitation service, Law 142 of 1994 and sector-specific regulations establish the framework for service provision and require municipalities to adopt Solid Waste Management Plans (PGIRS), which function as mandatory local planning and control instruments.

With respect to hazardous waste (RESPEL), the regime is structured primarily around Decree 1076 of 2015, which establishes the obligations of generators and other actors regarding identification, handling, storage, transportation, and final disposal, complemented by registration and reporting duties before the environmental authority, currently regulated by Resolution 839 of 2023. From a regulatory control perspective, traceability plays a central role in the system, as generators must ensure delivery to authorised managers and retain supporting documentation, including final disposal certificates. In parallel and depending on the scale and nature of the activity, waste management operations may require environmental licences or permits, through which authorities exercise prior authorization, ongoing monitoring, and enforcement powers.

In addition, Colombia has implemented Extended Producer Responsibility schemes for certain priority waste streams, including packaging and waste electrical and electronic equipment, requiring producers to organize and finance post-consumer collection and management systems in accordance with sector-specific regulations. These instruments complement, rather than replace, the general waste framework and remain subject to administrative control and enforcement by the competent environmental authorities, operating as specific regulatory control mechanisms within the broader waste regime.

In Colombia, waste generators (particularly generators of hazardous waste) retain liability even after having transferred the waste to a third party for treatment or final disposal. This is because, under the regime incorporated in Decree 1076 of 2015, the generator is responsible for the waste it generates, and such responsibility extends to its effluents, emissions, products, and by-products for any effects caused to human health and the environment. The regulation establishes that the generator’s comprehensive liability subsists until the hazardous waste is recovered as an input or finally disposed of; therefore, the mere physical transfer to an external waste manager does not automatically extinguish the generator’s liability. It is important to note that this regime is expressly developed for hazardous waste, where the principle of extended responsibility of the generator is clearly articulated in the regulations. Accordingly, even if the generator becomes insolvent, ceases operations, or fails to properly handle or dispose of the waste, may still be subject to investigation and potential liability.

In connection with the foregoing, Law 2327 of 2023 defines an environmental liability as adverse effects arising from anthropogenic activities that generate an unacceptable level of risk and provides that the competent environmental authority must identify the responsible generator and initiate the necessary actions for its intervention. This framework is articulated with the sanctioning regime set forth in Law 1333 of 2009 (as amended by Law 2387 of 2024), which empowers the authority to conduct investigations and impose corresponding measures and actions. Accordingly, if improper waste management results in contamination, the responsible party may be required to remediate and repair the damage caused. While the specific rule on continuing liability is most clearly established for hazardous waste, generators of other types of waste may also face administrative or civil liability where damage results and a breach of their duty of diligence, control, or proper selection of authorised managers is demonstrated. In general terms, this means that the generator retains a duty of diligence and traceability until the waste is finally disposed of or definitively recovered.

Under Colombia´s adoption of the Extended Producer Responsibility principle (Principio de Responsabilidad Extendida del Productor, in Spanish) producers face take- back obligations, though the extent of these duties varies by product category. For packaging (including paper, cardboard, plastic, glass, and metal), the obligation is unconditional. Therefore, any entity qualifying as a “producer”, a broad definition that includes importers, must formulate, implement, and finance an Environmental Management Plan and comply with regulatory targets on recovery and recycling, as well as minimum recycled content requirements for plastic packaging, in addition to reporting compliance to the environmental authority.

Conversely, for Waste Electrical and Electronic Equipment (Residuos de Aparatos Eléctricos y Electrónicos, in Spanish), the obligation to implement a formal post-consumer Collection and Management System is conditional. Consequently, it applies when a producer’s specific products are listed in the regulations and their annual import or manufacturing volume exceeds established thresholds, however, producers remain subject to specific information duties, including marking products for separate collection and providing consumers with clear guidance on appropriate return channels and the prohibition on disposal with ordinary household waste.

In Colombia, the duties of property owners and occupiers regarding asbestos and other deleterious materials arise from a dual regulatory framework, comprising the general hazardous waste regime under Decree 1076 of 2015 and specific provisions on asbestos set out in Law 1968 of 2019 and its implementing regulations. When hazardous materials are identified on a property or within a building, those controlling the premises must manage associated risks, including proper identification, safe storage or containment as appropriate, and prevention of exposure to human health and the environment, in accordance with the material’s characteristics and applicable environmental standards.

If such materials are disturbed, removed, or otherwise handled during maintenance or demolition, the hazardous waste framework is triggered. The party whose activities generate the waste must ensure its management through duly authorised contractors and licensed disposal facilities, maintaining traceability and final disposal records.

Regarding asbestos specifically, Law 1968 of 2019 prohibited its production, commercialization, and use as of 2021 while allowing pre-existing installations to remain in place. This exception does not remove the overarching duty to manage risks. Consequently, if asbestos-containing materials are disturbed or removed, they must be treated as hazardous waste and managed in compliance with the environmental regime. The legislative intent underpinning the ban is the progressive elimination of asbestos due to its health and environmental impacts, reinforcing a cautious and preventive approach by those who control real estate assets. In practice, owners and occupiers are expected to assess the presence and condition of such materials and ensure that any intervention complies strictly with applicable environmental and occupational standards.

Product regulation in Colombia includes environmental and technical requirements for certain categories of goods, particularly where environmental impacts are significant. Law 2232 of 2022 and implementing regulations such as Resolution 0803 of 2024 establish environmental obligations for certain products, especially single-use plastics, and require producers to engage in extended producer responsibility systems that cover take‑back, recovery and recycling. Chemical substances and hazardous products are subject to sectoral environmental, health and industrial safety norms under Decree 1076 of 2015 and other statutes, and product claims linked to environmental attributes are regulated under consumer protection and unfair competition laws to prevent misleading assertions.

Colombia’s legal framework for energy efficiency is grounded in both environmental and sector specific legislation that recognises efficient energy use as a component of sustainable development. Law 1715 of 2014, as amended, promotes the integration of non conventional renewable energy into the national energy system and explicitly supports energy efficiency and demand response measures as part of sustainable energy policy. The law declares the development, utilisation and management of efficient energy systems as matters of public interest, relevant to economic competitiveness, environmental protection and reduction of greenhouse gas emissions. It also provides for the development of action plans and regulatory instruments to promote efficient energy use across sectors.

Complementing this, Law 697 of 2001 declares the rational and efficient use of energy and alternative energies as matters of social, public and national interest, establishing the foundational policy objective that energy efficiency should be promoted across supply chains and sectors in line with sustainable development goals. The Ministry of Mines and Energy is tasked with organising, promoting and monitoring programmes for efficient energy use and response to demand, working in coordination with MADS and other relevant ministries.

Energy efficiency is also embedded in sectoral and infrastructure regulation, where environmental licensing and permits under Decree 1076 of 2015 may include conditions or management measures relating to energy consumption, efficiency and resource use efficiency where such measures are relevant to the mitigation of environmental impacts. For example, licence conditions for industrial facilities or large infrastructure projects may require adoption of energy efficiency measures, responsible water consumption practices, and monitoring of energy performance as part of environmental management obligations.

At the institutional level, the national energy policy framework encourages co ordination between the Ministry of Mines and Energy, the Energy and Gas Regulation Commission (CREG) and MADS to align energy efficiency objectives with broader environmental and climate goals, including greenhouse gas mitigation and integration of renewable energy. Public entities are also mandated to adopt energy audits and efficiency strategies for public infrastructure, and private sector participants are encouraged through incentives and technical standards to adopt efficient technologies and practices in production, transmission and consumption.

Colombia’s climate change framework is established through several key statutes and planning instruments that integrate mitigation and adaptation within environmental law. Law 1931 of 2018 and Law 2169 of 2021 (Climate Action Law) enshrine national targets for greenhouse gas reductions and strengthen climate planning by establishing a net‑zero emissions goal by 2050 and intermediate mitigation objectives. Colombia’s Nationally Determined Contribution (NDC) under the Paris Agreement commits to a substantial reduction in emissions by 2030, supported by sectoral climate plans and mandatory greenhouse gas reporting. These instruments guide climate change policy across sectors and are supported by additional institutional plans for adaptation, low‑carbon development and territorial climate change management.

Colombia has established a statutory framework for long‑term climate mitigation and a low‑carbon transition anchored in Law 2169 of 2021 (Climate Action Law), which sets a national goal of achieving carbon neutrality by 2050 and outlines intermediate mitigation and adaptation objectives consistent with the country’s commitments under the Paris Agreement. The law mandates the inclusion of climate change considerations into planning instruments and calls for development of monitoring, reporting and verification systems for greenhouse gas emissions.

A mandatory greenhouse gas (GHG) reporting system for companies is provided for in Law 2169 of 2021, specifically in Article 16, which requires the Ministry of Environment and Sustainable Development (MADS) to issue implementing methodologies and criteria for the calculation, reporting and compilation of GHG inventories. Reported data are intended to feed into the National Climate Change Information System and form part of the national greenhouse gas inventory. However, while the obligation to establish such a reporting regime is set out in law, the detailed regulatory criteria and procedures required to operationalise it remain subject to implementing regulation by MADS and are still under development.

In addition to the reporting framework, Law 2169 provides for integration of climate objectives into sectoral plans, investment programmes and environmental planning instruments. Legal measures to advance the carbon neutrality goal include incentives for renewable energy deployment, integration of climate criteria into environmental impact assessments and planning, and obligations on public entities to incorporate climate considerations into budgeting and public investment decisions.

The Climate Action Law thus creates a legally binding framework for achieving net‑zero emissions, but full operationalisation of specific mechanisms, such as mandatory GHG reporting, depends on regulation by the competent authority.

Colombia does not currently maintain specific environmental legislation governing the use of terms such as “green”, “sustainable” or similar expressions in commercial communications. Legislative initiatives seeking to establish a dedicated framework for environmental claims were presented in Congress but were ultimately archived without enactment. Consequently, there is no environmental statute directly addressing greenwashing.

At present, misleading environmental claims are addressed primarily through consumer protection and unfair competition law. The Superintendence of Industry and Commerce (Superintendencia de Industria y Comercio or SIC) is the main authority tasked with investigating and sanctioning false, misleading, or deceptive commercial practices, including environmental claims. Enforcement may result in corrective measures, fines, or orders to cease misleading communications. While environmental authorities may review specific claims in the context of compliance with licences or environmental standards, there is no sectoral environmental regulation explicitly targeting greenwashing.

Yes. In 2024 the Constitutional Court, through Rulling C‑280 de 2024, affirmed that environmental impact assessments (EIAs) must include an evaluation of climate change impacts, interpreting Article 57 of Law 99 of 1993 as requiring climate considerations in EIA processes. The Court ordered the Ministry of Environment and Sustainable Development (MADS) to update the terms of reference for drafting environmental impact studies to explicitly incorporate such climate change evaluation requirements. These updated terms of reference are expected to be enforceable for licence applications or renewals submitted from 1 August 2025 onward, reinforcing the constitutional obligation to consider climate impacts in environmental licensing.

Yes. Recent climate litigation requiring the integration of climate change considerations into environmental impact assessments, the progressive development of mandatory greenhouse gas reporting criteria, and the continued refinement of sectoral and territorial climate plans all indicate sustained regulatory evolution.

Colombia is expected to update its Nationally Determined Contribution and further calibrate sectoral mitigation and adaptation measures in line with its long term decarbonisation trajectory. Additional implementing regulations under Law 2169 of 2021 are anticipated, particularly to operationalise mandatory greenhouse gas reporting and to formalise the systematic integration of climate variables into planning and environmental licensing procedures.

These reforms are embedded within the institutional framework of the National Climate Change System (SISCLIMA) and supported by the National Climate Change Information System (SNICC), which coordinate cross sectoral implementation and climate data governance at national and subnational levels.

Company (corporate entity): The company may incur administrative and civil liability for breaches of environmental law, including non-compliance with environmental licences, permits or regulatory standards, under the environmental sanctioning regime established by Law 1333 of 2009 as amended by Law 2387 of 2024. Environmental authorities may impose fines, suspension measures, revocation of permits and other corrective sanctions. Civil liability may also arise under general tort principles for environmental damage caused to third parties.

Criminal liability: Under Colombian criminal law, environmental offences give rise to liability of natural persons, not the corporate entity as such. Individuals who directly commit, order, authorise or knowingly permit conduct constituting an environmental crime may be subject to criminal prosecution. The company itself is not subject to imprisonment or criminal conviction in the same manner as a natural person, although administrative and economic consequences may follow from the underlying conduct.

Shareholders: Shareholders generally benefit from limited liability and are not personally liable for environmental breaches solely by reason of share ownership. However, where a shareholder also acts in another capacity (for example as a manager or member of an administrative body) and personally participates in or approves conduct that breaches environmental norms, liability may attach to the individual in that functional role. In administrative proceedings, aggravating circumstances may arise where representatives, members of the board of directors or members of commercial bodies impede compliance or hinder authority action in ways that aggravate responsibility.

Directors, managers and officers: Directors, legal representatives and senior officers may incur personal administrative or civil liability where their own actions or omissions contribute to environmental breaches. In administrative sanctioning proceedings, the sanctioning authority is empowered to attribute responsibility to individuals whose conduct directly contributes to an environmental infraction or who fail to ensure compliance within their sphere of direction or control. Where conduct meets the elements of a criminal offence, those individuals may also incur criminal liability as natural persons.

Parent companies: A parent company may be exposed to liability if it exercises operational control over a subsidiary’s environmental conduct or directly participates in the decisions or actions that caused environmental harm. Mere ownership of shares without evidence of control or involvement is generally insufficient to establish liability.

Lenders and financiers: Financial institutions and lenders are not ordinarily liable for environmental breaches of a borrower solely by virtue of providing financing. Liability may arise only where the lender assumes operational control, governance authority or directly intervenes in management decisions that lead to environmental harm.

Asset sales: In an asset transaction, environmental liabilities do not automatically transfer to the buyer unless they are expressly assumed by contract and, where applicable, formally recognised by the competent environmental authority. If the transaction involves assets subject to environmental licences or permits, the transfer of the underlying authorisations generally requires prior approval through an administrative act issued by the relevant authority. Upon approval, the transferee assumes the rights and obligations attached to the licence or permit in the condition in which they stand at the time of transfer. Absent such assignment and regulatory recognition, pre-existing liabilities remain with the original holder.

Share sales: In a share transaction, the legal entity remains unchanged. Accordingly, all environmental liabilities, including contingent or pre-existing obligations, continue to attach to the company itself following the change in ownership. The buyer indirectly assumes exposure through acquisition of control of the entity, while the seller may retain economic responsibility only to the extent agreed contractually, typically through indemnities, escrow arrangements or specific risk allocation mechanisms. Such contractual arrangements are binding between the parties but do not limit the enforcement powers of environmental authorities against the licensed or regulated entity.

There is no specialised statutory regime that imposes a uniform checklist of environmental disclosure obligations for sellers in all cases. However, sellers are obligated to act in good faith and to disclose material facts that could affect the value of the asset or expose the buyer to significant risk. Failure to disclose known environmental liabilities, compliance issues, contamination risks or pending enforcement actions can give rise to contractual remedies, including claims for breach of representations and warranties, indemnities or damages under general civil law principles.

Environmental due diligence is a standard component of commercial practice, particularly in transactions involving real estate, industrial facilities, infrastructure projects, natural resource concessions, energy operations or any activity subject to significant environmental regulation. Buyers customarily retain environmental specialists to assess environmental permits, compliance history, potential contamination, contingent liabilities and the status of regulatory obligations. The results of environmental due diligence typically inform negotiation of purchase price adjustments, indemnity provisions, escrow arrangements and other risk allocation mechanisms agreed by the parties.

Environmental risk in Colombia is typically addressed through a combination of general liability policies and specialised environmental insurance products.

General civil liability insurance policies may cover third-party bodily injury or property damage arising from pollution events, subject to policy terms and exclusions. However, traditional policies often exclude gradual pollution or pre-existing contamination.

Specialised environmental liability insurance products are available in the Colombian market, including coverage for sudden and accidental pollution events, gradual contamination (where expressly agreed), remediation costs, third-party claims and legal defence expenses. Coverage may also extend to transportation of hazardous materials and contractor pollution liability in infrastructure or industrial projects.

In certain regulated sectors, environmental guarantees or financial assurance mechanisms may be required as a condition of licensing, particularly where environmental risk is inherent to the activity. While insurance is not universally mandatory across all sectors, it is increasingly used as a risk management tool in projects subject to environmental licensing or significant regulatory oversight.

Colombia maintains several public registers of environmental information that support transparency, regulatory compliance and enforcement.

The Unique Environmental Registry (Registro Único Ambiental, RUA) is a central environmental reporting platform that collects structured environmental data from regulated entities, including resource use, emissions, effluents, waste generation and other compliance indicators as required under applicable sectoral norms. The RUA serves as a regulatory reporting database that environmental authorities use to monitor compliance, inform policy development and support oversight across jurisdictions.

Also, the Unique Registry of Environmental Offenders (Registro Único de Infractores Ambientales, RUIA) is a public register created under Article 57 of Law 1333 of 2009 as part of the environmental sanctioning regime. The RUIA compiles information on administrative sanctions imposed for environmental infractions, including the identity of sanctioned persons or entities, the nature of the infraction, the sanction applied, the authority that issued the sanction, the location of the events and the date on which the sanctioning act became final. The RUIA is updated at regular intervals and is accessible to environmental authorities and the public, promoting transparency, accountability and evidence of recidivism in future sanctioning proceedings.
Environmental data from the RUA, the RUIA and other sectoral modules are integrated into the National Environmental Information System maintained by the MADS. This system gathers information on environmental licences, permits, sanctions, environmental impact assessments, ecosystem data and climate information.

Environmental sanctioning decisions issued under Law 1333 of 2009 generally constitute public administrative acts and are accessible through official publications, institutional websites or formal information requests.
Access to environmental information is governed by constitutional principles of transparency and by Law 1712 of 2014 on access to public information, as reinforced by Law 2273 of 2022 approving the Escazú Agreement. Environmental information is presumed public, subject only to limited statutory exceptions such as protected personal data or recognised trade secrets. Requests for information may be submitted via official online portals where available or by formal written request to the competent authority, which must respond within statutory deadlines. A denial of access may be challenged through administrative or judicial remedies, including constitutional actions (tutela) where necessary to safeguard fundamental rights.

Colombia’s environmental legal framework has undergone significant reforms and regulatory innovations over the past three years, reflecting a broader shift towards stronger enforcement, climate integration, inclusive governance, and a just energy transition. Key developments include:

• Law 2327 of 2023 establishes a comprehensive framework for environmental liabilities, defining “environmental liability”, setting governance and intervention procedures for contaminated sites, and providing guidelines for identification, assessment, remediation and financial assurance. It lays the foundation for systematic management of environmental liabilities across sectors and territories in Colombia. Further regulation is still pending.

• Law 2387 of 2024 amending the environmental sanctioning regime of Law 1333 of 2009, strengthening enforcement faculties, clarifying procedural stages, incorporating aggravating factors (including conduct by administrators and legal representatives).

• Decree 1275 of 2024 establishes the framework for indigenous environmental governance in Colombia and formally recognises the environmental competencies of indigenous authorities within the National Environmental System (Sistema Nacional Ambiental, SINA). The decree incorporates traditional indigenous authorities, councils, and self‑governing structures into the formal environmental governance framework, granting them the authority to exercise responsibilities in territorial planning, conservation, natural resource management, and the development of environmental policies in accordance with their knowledge systems and cultural principles. Although the decree does not explicitly address how these competencies interface with project authorisations or licensing under existing environmental instruments, it provides for structured coordination with state authorities and confirms the autonomy of indigenous environmental governance within the constitutional framework. The Constitutional Court has upheld the decree’s validity, clarifying that indigenous authorities may exercise environmental functions and impose sanctions on members of their own communities, while enforcement affecting non‑indigenous persons remains under the jurisdiction of the competent state environmental authority in coordination with indigenous bodies, ensuring coherence with the national environmental legal framework.

• Decree 1033 of 2025, introducing the Environmental Solar Licence with Optimized Design (Licencia Ambiental Solar con Diseño Optimizado – LASolar), a streamlined regime for utility‑scale solar projects (10‑100 MW), shortening permitting timelines while maintaining environmental safeguards.

• Decree 1186 of 2025, establishing the Environmental Wind Licence with Optimized Design (Licencia Ambiental Eólica con Diseño Optimizado- LAEólica), simplifying licensing for wind energy projects and facilitating investment while aligning environmental review with renewable energy expansion goals.

• Resolution 0803 of 2024 (MADS), implementing extended producer responsibility measures under Law 2232 of 2022 for single‑use plastics, including reduction trajectories, reporting obligations, and administrative compliance measures to support the gradual phase‑out of certain plastic products.

• Regulatory adjustments under Decree 1076 of 2015, including updates to water utilisation charges (Decree 1553 of 2024) and ongoing consultation on modifications to hazardous waste and integrated waste management chapters, reflecting evolving waste governance and extended producer responsibility frameworks.

• Integration of climate considerations into environmental instruments following Rulling C‑280 de 2024 of the Constitutional Court, which directed that environmental impact assessments explicitly incorporate climate change analysis through updated generic terms of reference, effective from mid‑2025.

• Law 2173 of 2025 and its implementing Resolution 1491 of 2025 establish the framework for “Life Areas” (Áreas de Vida), requiring municipalities to define zones for ecological restoration, prioritising water sources, riparian buffers, wetlands, and other ecologically significant areas. These areas guide where companies must implement tree planting and ecosystem restoration as part of environmental responsibility obligations. Sectoral and regional regulatory frameworks remain under development, and authorities have until April to complete delimitation of these areas. The National Registry of Ecosystems and Environmental Areas (Registro Único de Ecosistemas y Áreas Ambientales, REAA) will track compliance and support transparency.