QF Focus Magazine
Can I split my house in two? by Pacheco & Asociados Architects This question has been brought up by some clients.
Well, circumstances do change from one day to the next. It could be an irreconcilable breakage of marriage, teenagers leaving the nest, bereavement of family members or simply the need to make an additional income.
Is it advisable to split a dwelling? The purpose of dividing a house or apartment can be varied, but the owner’s decision must always weigh the costs that will need to be faced, and the time that the work and all paper work will take. And, of course, consider what profitability will be obtained if any, so that the division is compensated financially. Regarding funding, consider that each new apartment can be mortgaged independently after segregation, since they will be two separate dwellings.
What are the requirements? The legal basis for the segregation of a house is established is the “Ley de Propiedad Horizontal” commonly known by expats as the Horizontal Law. However before
splitting a house or
apartment certain regulations must be taken into account. Existing planning regulations of your region should be checked; while it is true that there are common criteria for the whole of Spain, it is wise to also check the existing planning regulation of the municipality and the region. There is another factor which should also be taken into account and that is the actual layout of the apartment (more important than in a single villa), in the event that the division to be carried out is complicated, such as the wrong position of sewer down pipes or without sufficient windows for
the proposed layout. In addition, other regulations must be considered which are applicable to the entire national territory such as the minimum habitation standards where the minimum sizes and number of rooms are stipulated. Obviously if the property forms part of a Community of Owners, permission must be obtained from the president. Standards that have to be met. Below are some standards that have to be met to obtain the required certificate of occupancy needed to connect the water and electricity:
Independent access to the property. A minimum of 30m² in each of the new apartments including bathroom and kitchen. Minimum room dimensions of 10m². (Although this depends of the type of room) Insulation of the party wall between the two houses (20 cm minimum) although there are other technical construction techniques which could decrease that size. Thermal and acoustic insulation solutions for the external shell of the new apartment. It is also important to confirm the minimum size plot in case of an individual villa or house. These requirements change in each municipality. If you are faced with a complicated case of distribution and division of a property, I strongly recommend obtaining advice from an architect to prevent expensive mistakes.
The certificate of occupancy is dealt with in the corresponding town hall and requires the approval from a technical professional. If current regulations on fire prevention and minimal surfaces are excluded, the rest is general for all Spain. In addition, to proceed with the division of a dwelling the following is needed: • Building Licence: requested from the local town hall, a tax must be paid. (Usually about 4% of the estimated construction cost.) • Building Project: a technical project must be carried out by an architect. Also, on the legal side there will be new deeds for the original and the segregated dwelling. Which professionals should be involved? In addition to an architect (and, if it is a major project it will require both), you have to engage a lawyer to draft the deed of segregation, which is authorised by a notary, and to register the resultant new properties in the land registry. It is always wise to obtain quotations from the professionals mentioned above, in order to calculate these expenses. Splitting a dwelling is often a good way to make a profit, and occurs frequently in large apartments in Madrid and Barcelona that are sold or better rented in smaller apartments. However, the results may not be that good: small rooms, excess hallways, awkward accessibility etc. So do obtain the advice of a good professional beforehand.
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