Division into apartments
used to create new partitions and related parts of common use
What is the division into apartments?
The division into apartments is a technical-legal operation that involves dismantling a condominium-type building, already registered in the land book into two or more individual units which are, in turn, registered in separate land books.
The method of the construction dismantlement (division into apartments) is thus used to create new units and related parts of common use. Applied mainly for residential or office buildings, the division into apartments is a process that can be used for any type of construction and can be preceded by the operations of sub-division into apartments or re-division into apartments.
What documents do you need for a division into apartments?
In order to start the procedure of division into apartments, a technical documentation is drawn up by the topographic engineer, based on the field measurements and the legal documents provided by the beneficiary. In accordance with the legal provisions, a file is compiled that must include the following:
- The land book extract (original or electronically signed) The document can be obtained from the Office of Cadastre and Land Registration.
- Copies of the owners’ identity documents (for natural persons).
- Copy of the tax registration certificate (for legal entities).
- Plans authorized to be unchanged, appendix to the building permit.
- The agreement of the mortgage lender (when the building divided into apartments has encumbrances in the land book extract).
- Copy of the last cadastral documentation approved by the Office of Cadastre and Land Registration.
- The attestation certificate of the building/extension of the construction. When the land is under mortgage, the registration of the new construction is done only with the written consent of the third party who has this right. The unfinished constructions, registered in the land book, which do not have a commissioning final report upon completion of works, cannot be divided into apartments.
What are the stages of a division into apartments?
Carrying out the operation of a division into apartments involves going through the following stages:
- Achievement of the reception for the cadastral documentation of division into apartments. The procedure involves drawing up the documentation of division into apartments and the OCPI opinion.
- Elaboration of the notarial act of division into apartments. The authentication procedure of the act related to the division into apartments is carried out at a notary office, by a public notary. At his request, the documentation mentioned at the above point must be submitted, with a view to registering the new units obtained in separate land books.
- Registration of the act related to the division into apartments in the land book. The operation ends when the land book conclusion is issued, by OCPI. Thus, the new apartments, as well as the condominium construction, will be registered in their own land books.
Emerging as a necessity in the development and use of real estate properties, the division, sub-division and re-division into apartments are procedures that are subject to legislation, making the object of work of specialists dedicated to these types of works. We recommend you to always choose the option that best suits your situation and the desired outcome, without losing sight of the legal framework to be complied with when drawing up the documentation.
