Dividing a House in Two: Steps and Legal Considerations

Having a large home offers the convenience of larger, more comfortable spaces. However, in terms of profitability, many owners of large homes choose to divide the property into smaller apartments. This practice not only streamlines the selling process, but also provides the opportunity to generate additional income by renting out a portion of the space.

The division of a house, whether for financial or personal reasons such as a divorce, raises several legal and technical considerations. From Deapi, we explore the necessary steps and regulations involved in this process.

How to divide a house already built in two?

The procedure for dividing a property may vary depending on whether it is an apartment or a detached house. In the case of a house, one can opt for a horizontal division, creating units on different floors, or a horizontal division by laying down, separating the property vertically to create semi-detached dwellings.

The segregation process involves steps such as reviewing the relevant regulations, obtaining permits from the community of owners, preparing a technical project and formalizing the division by means of a public deed and registration in the Land Registry.

1. Review the regulations:

It is essential to consult the state and local legislation that regulates this type of real estate transactions, as well as the minimum habitability requirements for new units.

2. Request permission from the community:

To divide an apartment in a residential building, the consent of the community of owners is required, with prior approval by majority vote.

3. To elaborate a technical project:

An architect must design a project that complies with habitability standards and building regulations, considering aspects such as independent entrance and isolation between units.

4. To convert the division into a public deed and to register it:

The segregation must be formalized by public deed before a notary public and registered in the Land Registry to establish the individual ownership of each unit.

What changes after the split?

Once the segregation is completed, it is necessary to adjust aspects such as municipal taxes, utilities and community fees, which will now be applied individually to each home.

In summary, the division of a house into two dwellings can be a viable solution, provided that the corresponding legal and technical requirements are met. In addition, it is important to consider aspects such as the redistribution of costs and property rights, especially in cases such as the allocation of housing to independent children.