Subdivision into flats – What is it and what documents do you need?
Although it may seem intuitive, the definition of subdivision into flats is within the reach of specialists and a constant question mark among online searches. In order to explain to everyone what this process entails, it is first necessary to define the aforementioned term.
What is the subdivision into flats, what are the technical and legal steps involved, what are the steps to obtain the documents and how can we guide you, these are some of the questions we will answer in the following lines
What is the subdivision into flats ?
The subdivision into flats is a technical-legal operation that involves the dismantling of a condominium-type building, already registered in the land book in two or more individual units which are also registered in separate land books.
The dismantling method is thus used to create new divisions and parts of common use related to them. Used mainly for subdivisioning into flats buildings or offices, subdivision into flats a building is a process that can be used for any type of construction and can be preceded by sub-subdivisioning into flats or re-subdivisioning into flats operations.
What is sub-subdivision into flats ?
The process by which an individual unit obtained from the subdivision into flats is divided into two or more new units is called a sub-subdivision into flats and is also subject to the need to register new land books.
What is re-subdivisioning?
Re-subdivisioning is the operation of detaching an individual unit from the common parts of a condominium with the establishment / restoration of the quotas from the common parts, corresponding to each individual unit. The decision is subject to the agreement of all the owners of the respective building. The individual quotas in the common use parts are re-established, and the newly created individual units in the common parts (eg from the terrace or the dryer room) acquires new destinations within the building and are registered in individual land books. Therefore, the lack of unanimity of the agreement may lead to the interruption of the steps in this respect. The subdivision into flats, sub-subdivisioning into flats and re-subdivisioning into flats operations involve the preparation of documentation on which we will detail further.
Documents required for the subdivision into flats
In order to start the subdivision into flats procedure, a technical documentation is drawn up by the surveyor, based on the measurements performed in the field and the legal documents provided by the beneficiary. In accordance with the legal provisions, a file is drawn up which must include the following:
- Land book extract (original or electronically signed). The document is obtained from the Office of Cadastre and Real Estate Advertising.
- Copies of the identity documents of the owners (for individuals).
- Copy of the tax registration certificate (in the case of legal entities).
- Design plans of the building.
- Mortgage agreement (when the subdivisioning into flats for a building has tasks entered in the land book extract).
- Copy of the latest cadastral documentation approved by the Office of Cadastre and Real Estate Advertising.
Certificate of attestation of building construction / extension. When the land is mortgaged, the registration of the new construction is done only with the written consent of the third party who has this right. Unfinished constructions, registered in the land book, which do not have a reception report at the end of the works, cannot be subdivisioned into flats.
Compilation of documentation
The surveyor compiles a file that must include the cadastral documentation, the location and delimitation plan of the building, surveys of the construction resulting from the measurements on the ground, as well as the documents obtained by the beneficiary.
For the survey and real estate registration part, the services we make available to our clients through the specialists from the Eurosurvey team are:
- Registration (land and construction)
- Construction registration in the records of cadastre and land book
- Obtaining a certificate attesting the construction / extension of the construction
- Merging or subdividing of land
- Obtaining a postal number certificate for the building in which the construction is built
- Various property updates: repositioning, surface modification, postal address update
The stages of the subdivision into flats procedure
Carrying out the subdivision into flats operation involves completing the following steps:
- Carrying out the reception for the cadastral documentation of the subdivision into flats. The procedure involves the preparation of the subdivisioning into flats documentation and the approval by OCPI.
- Preparation of the notarial deed of subdivision into flats. The authentication procedure of the subdivision into flats deed is performed at a notary office, through a notary public. Upon request, the documentation referred to in point 1 must be submitted in order to enter the new units obtained in separate land books.
- Registration of the subdivision into flats deed in the Land Book. The finality of the operation is represented by the issuance of the conclusion of the land book, by OCPI. Thus, the new subdivision into flats as well as the condominium construction will be registered in their own land books.
Appeared as a necessity in the development and use of real estate, subdivision into flats, sub-subdivisioning into flats and re-Subdivisioning into flats are procedures that are subject to legislation and are the subject of work of specialists dedicated to these types of works. We recommend that you always choose the option that best suits your situation and the result you want to achieve, without losing sight of the legal framework that must be observed when preparing documentation.
At Eurosurvey we value in detail the observance of all the legal conditions that are required and we keep for the plans drawn up the rigor that we integrate in all the works in the portfolio of our company. The experience of over 14 years in the process of survey and real estate registration, with over 2900 documents and over 3900 subdivision into flats procedures registered in the land register rec