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.
FAQ
In what situations is apartment living necessary?
Subdivision is necessary when a building registered in the land registry as a single property needs to be divided into several individual units, such as apartments, offices or commercial premises. The operation allows each unit to be registered in a distinct land registry, so that it can be sold or mortgaged separately.
What is the difference between pre-apartment and apartment?
The provisions on pre-apartmentation introduced by Law no. 207/2025, publicly known as the “Nordis Law”, apply from 8 March 2026.
Pre-apartmentation is carried out before the completion of a condominium construction, based on the building permit and the related documentation. Through this operation, individual land registers are opened for all future units provided for in the authorized project.
For projects developed for sale, pre-apartmentation is one of the conditions that must be met before the conclusion of the promises of sale. The building permit must be noted in the land register, and the future unit must have an individual land register.
In this case, the apartment is carried out after the completion of the construction and the reception upon completion of the works. In the stage called reception of the actual construction executed and apartment, the executed construction is registered, and the identifiers of the future units (made based on the pre-apartmentation documentation) are transformed into definitive identifiers.
In short, pre-apartmentation cadastrally individualizes the units provided for in the project, and apartmentation records the configuration of the completed construction.
Can a house be divided into apartments?
Yes. A completed house registered in the land registry can be subdivided if it can be legally organized into several individual units. For example, the ground floor and the first floor can become separate properties if the construction documents and the configuration of the land allow for this division.
Before the cadastral documentation is drawn up, the construction documents, the situation in the land registry, the authorized plans and the current configuration are verified. The number of resulting units must be confirmed by the authorized documentation or by a document issued by the local public authority, as appropriate. The common parts and the quotas related to each unit are established by the subdivision documentation.
Can I sell the units separately after the apartment building?
Yes. Separate sale is possible after the OCPI receives the cadastral documentation, authenticates the apartment deed at the notary and registers it in the land register.
After the opening of the individual land registers and the assignment of cadastral numbers, the apartments, offices or commercial premises can be sold or mortgaged separately.
What happens to the common parts of the building?
The stairs, hallways, roof, structure, common facilities and other spaces used in common are identified in the apartment documentation and highlighted in the collective land register of the condominium.
Each individual unit is entitled to a share of the common parts, registered in its own land register. In the absence of a different provision in the property documents, the share is established by relating the useful area of the unit to the total useful area of the units in the building. The share of the common parts is transmitted together with the individual unit.
How long does the apartment stay last?
There is no single deadline for the entire procedure. The duration depends on the construction area, the number of resulting units, the available documents, the existence of encumbrances in the land registry and any inconsistencies between the documents and the situation on the ground.
The procedure includes measurements, preparation and receipt of cadastral documentation, authentication of the apartment deed and its registration in the land registry. The deadline can be estimated after checking the documents and establishing the necessary stages of the project.
What information is required for an apartment offer?
For the offer, the address of the building, the type of construction, the area, the number of floors, the number of units to be built and the current cadastral situation are useful.
If available, you can send us the land registry extract, the construction plans and the latest cadastral documentation. Before starting the procedure, the plans marked for non-change, the building attestation certificate and the mortgage lender’s agreement can also be requested, if the building has registered encumbrances.
