Can I split a property? And assemble two apartments? In principle, yes. However, a series of aspects must be taken into account and proceed in accordance with the regulations that exist and that regulate these cases. If you are considering it, read carefully the steps you must take to avoid future legal problems.
Spliting a large property in order to be able to rent or sell one of the two and obtain an economic return is an option that many owners consider. There is also the opposite case. There are people who, for example, have two adjoining small flats on the same floor of a building and want to join them either to have a more spacious property or to sell it later. Whatever the case, you have to comply with some procedures and know what the law says about it.
Split a property or assemble two apartments. Authorization of the Administration
If you are going to split a property or join two apartments, we recommend that you put yourself in the hands of experts who can guide you through the entire process to avoid later legal problems. In any case, the first step before starting the reform is to know what laws exist in this regard. Both in the case of division and union of dwellings, the regulations to bear in mind are the Ley del Suelo (Land Law), the Ley de Propiedad Horizontal (Horizontal Property Law), the urban planning regulations of the Autonomous Community and the municipal ordinances. They include, among other aspects, the obligation to obtain an administrative authorization to start the works and the habitability criteria, that is, the minimum square meters that a home must have to be legal and habitable and the minimum number of rooms.
Authorization of the community of owners
To split or unite properties it is mandatory to have the permission of the neighborhood community. Without this authorization, little can be done. The Horizontal Property Law explains how to proceed with the neighborhood. In the last modification of this regulation, the requirement of unanimity was eliminated and it was replaced by an agreement of the 3/5 of the owners to approve the division of the property or the union of the houses. However, as stated in one of its articles, the vote of 3/5 of the community will be necessary “unless it is as a result of the inclusion of the property in a field of action of urban rehabilitation or regeneration and renovation, in which case will be mandatory ”
You also have to take into account what is written in the Community Statutes. In some communities, the possibility of dividing a house or joining two floors is already being considered. If so, the consent of the Estatutos de la Comunidad (Board of Owners) will not be required. The only exception is if the division or union harms a neighbor, does not comply with what is detailed in the Statutes or does not adapt to urban regulations.
Split a property. Redistribute quotas
The result of dividing a house is to have a new property that previously did not exist. This new situation forces to reformulate the fees that must be paid to the neighborhood community. As a general rule, the amount to pay depends on the surface of the house. Different experts consider that in the same request that the owner makes to proceed with the reform, a quota proposal is made for the community to vote on together with the authorization.
Renovation project and building license
They are requirements that are also mandatory. For the construction project, an architect will be used. In this project the regulations of the Technical Building Code must be considered. As points to take into account, the dwellings resulting from the division must have an independent entrance, a minimum of square meters and acoustic and thermal insulation between the properties, among other aspects.
The reform also requires a major building license that must be obtained through the City Council where the house is located. When the work is finished, the certificate of habitability must be obtained and the property registered in the Property Registry.
Public deed and registration
Both in the case of dividing a property and if two properties are joined, a deed must be made before a notary public as stated in the Reglamento Hipotecario (Mortgage Regulations) and the Ley Hipotecaria (Mortgage Law). Without public deed, it will be impossible to register the home / s in the Property Registry. In addition, not following this procedure has its risks because, for example, in the case of renting one of the houses resulting from the division, the owner will be left unprotected. In the case of wanting to sell it, so that the other party can access a mortgage there must be a prior registration.
Finally, it is important to mention that, in the case of joining two properties and as long as each one is owned by different owners, the authorization or consent of both must be recorded to proceed with the reform.
These are roughly the procedures that you will have to carry out to divide a estate or join two properties. Always remember to consult an expert who can inform you and guide you before starting. And if what you are looking for property to buy, Hermes & Mathew is the leading real estate agency in Barcelona with a long tradition and experience in the real estate market that has a wide portfolio of apartments for sale, of high standing, in the best areas of the city. city.