Horizontal property division (división horizontal)

Horizontal property division is what allows each home, commercial unit or garage in a building to be a separate property, with its own deed, its own cadastral reference and its share in the common elements. It is essential for selling the homes separately, dividing an inheritance or mortgaging just one of them.

Typical cases

• Two- or three-storey family buildings with one home per floor, registered as a single property.
• Houses with commercial premises or a garage on the ground floor and a home above.
• Groups of terraced houses or bungalows on a shared plot (known as “propiedad horizontal tumbada”).
• Buildings where the owners want to split one home into two or join several together.

What's needed

As well as the technical document, in many cases you need authorisation from the town hall (a horizontal division licence or a declaration that no licence is required), especially when the number of homes increases or it's a real-estate complex. The notary and the Land Registry require it before registration.

What our work includes

• Drawings of each floor showing the private and common elements.
• Usable and built areas of each element.
• Ownership shares with their justification.
• Technical description ready for the deed.
• Processing of the licence and, if necessary, a certificate of building age (certificado de antigüedad) for what has been built.

Frequently asked questions

Does the building need to have a licence?

Ideally, yes. If it doesn't, we first need to see whether it can be registered on the basis of its age or whether we have to legalised. We look at this at the start so no time is wasted.

How are the shares calculated?

Under the Ley de Propiedad Horizontal (Horizontal Property Act), according to the usable area of each element, its location and its use of the common services. We justify them in the document so there are no arguments later.