Laid-down condominium property
The so-called laid-down horizontal property has become an increasingly common figure in notarial and registry practice, especially in the field of the configuration of private housing developments and residential complexes.
This regime allows the legal organisation of groups of semi-detached, paired or terraced houses, built on the same plot, without the need to carry out an urban subdivision.
Its practical usefulness is evident: through the horizontal property regime laid out, it is possible to establish private housing developments in which each dwelling maintains its functional independence, but all share land, an access or certain common areas. However, this figure raises important legal and urban planning questions: when does a horizontal property regime laid out really exist and not a subdivision? Is a licence required to establish it? What special regime applies in Catalonia?
Answering these questions correctly is essential for the establishment of the housing development to be valid and fully registrable, guaranteeing legal certainty for developers and owners.
The Overturned Horizontal Property Law
The General Directorate of Legal Security and Public Faith (DGSJFP) has clarified the concept of horizontal property laid out through the Resolution of 17 December 2024, its characteristic lies in that “the legal and functional unity of the property is maintained, as the land and the airspace remain common elements, without there being any legal division or fragmentation of the land that could be classified as subdivision, with no alteration of shape, surface area or boundaries”
In practice, this modality allows the configuration of a private development to be structured without the need to segregate or subdivide the land. Each dwelling constitutes a private element, while the plot, access areas, gardens or common facilities remain under a single legal regime.
From a legal point of view, its basis is found in Article 396 of the Civil Code and in the Law 49/1960, of 21 July, on Horizontal Property (LPH). What varies is not the essence of the regime, but its physical projection: the private elements do not overlap vertically, but are arranged on the same plane, forming a single building complex — a genuine development under a laid-out horizontal property regime.
Principle of autonomy of will and urban planning limits
The practical success of this figure rests on the principle of autonomy of will, which allows individuals to legally configure a development according to their needs.
Article 24 of the LPH, interpreted by the Resolution of the DGRN of 22 May 2018, allows the horizontal property regime to be applied to building realities other than the classic building, always with the necessary adaptations.
However, the autonomy of will cannot contravene urban planning regulations. The Resolution of 6 July 2021 warns that, when the horizontal division is configured in a way that amounts to a material division of the property, a subdivision licence must be required.
Therefore, the constitution of a development by means of horizontal property laid flat will only be valid if the legal unity of the plot is maintained and no independent plots are created in fact.
In this task, the Notary plays a key role: they must verify that the building licence covers the entire complex, that the chosen regime does not conceal an urban subdivision, and that the deed clearly describes the common and private elements.
Difference between horizontal property laid down and real estate complex: two similar but distinct figures
A common confusion in urban planning practice is to equate horizontal property laid flat with the private real estate complex, since both figures are used for the configuration of housing developments and residential complexes.
The difference is essential. In the complex, there are legally independent plots or buildings that share common elements (swimming pool, green areas or roads). In contrast, in horizontal property laid flat all the buildings are part of the same parent property, without legal subdivision of the land.
The Resolution of 10 December 2003 explained that under the term “horizontal property laid flat” both types of realities may be hidden, so it is necessary to analyse case by case. This is because “under the label of ‘laid flat’ applied to horizontal property, situations that correspond to both types are usually covered, that of a real estate complex with legally and physically independent plots or buildings but which participate in other elements in common, or genuine horizontal properties in which the land is a common element and which are described as laid flat only because of the distribution of the elements that make it up, which do not overlap in horizontal planes but are located on the same horizontal plane.”
The Resolution of 17 December 2024 consolidated this criterion by indicating that “real estate complexes. Briefly, it must be stated that the distinguishing feature that differentiates the real estate complex from horizontal property laid flat lies in the fact that, in the latter, the legal and functional unity of the property is maintained, with the land and the airspace remaining as common elements, without there being any legal division or subdivision of the land that can be classified as parceling, and without alteration of shape, surface or boundaries.”
Finally, the Resolution of 4 February 2025 states that the horizontal division laid flat of a property does not in itself imply an act of parceling, segregation or other acts of land division even if there is assignment of the singular or exclusive use of certain common elements or portions thereof (roof terrace, courtyards or areas of the plot), provided that the unity of the land is not altered.
In practice, this form of ownership allows the establishment of private housing developments with terraced or semi-detached houses on an indivisible plot, without this implying the creation of new plots or altering the planning.
Learn more about types of horizontal division:
The urban planning licence: essential requirement in the establishment of housing developments
The issue of the urban planning licence has traditionally been one of the most debated. The Resolution of 27 January 2006 declared that a subdivision licence is not required when the building has been carried out on an indivisible plot, covered by a building licence that authorises the whole, and the horizontal division only regulates the private use of the built elements.
However, the Resolution of 15 July 2021 and the one of 24 April 2024 qualified this principle: if each dwelling is assigned a plot for exclusive use that exhausts the plot and has independent access to the public road, an undercover subdivision is taking place that requires a licence, and in such case the prescription of the infringement committed by the subdivision requires an administrative declaration and a certificate from the technician is not sufficient.
The criterion of the DGSJFP — reiterated in the Resolution of 26 March 2025 — is clear: if the sum of the areas assigned for exclusive use absorbs the entire surface of the land, the horizontal division loses its character and becomes a subdivision.
Therefore, in notarial practice, the configuration of a development by means of horizontal property laid out flat requires that the urban planning licence or the municipal declaration of non-necessity be accredited in the deed. Only in this way can the constitutive title be registered in the Land Registry.
Gardens, patios and other exclusive use areas in private residential developments
In private residential developments, one of the most delicate issues is the legal configuration of the outdoor spaces assigned to each dwelling.
The Resolution of 28 February 2005 admitted that each dwelling may be assigned the exclusive and sole use of a garden or patio, provided that this space remains a common element. However, if the garden is configured as a private element, it would be a physical division of the land.
The Supreme Court Judgment 644/2013, of 18 October, added that, even if the garden is considered a private element, the subsoil and the airspace remain common, so any work or alteration requires the consent of the community.
Hence the importance that the notary, when constituting a development under the horizontal property regime, precisely defines which parts of the plot are common, which are for exclusive use, and which, if any, are private.
A clear drafting of the title and the statutes avoids conflicts and guarantees the correct registration entry.
The georeferencing and the graphic coordination of the set
The Resolution of 13 March 2023 reinforced the obligation to include the georeferenced graphic representation of the property in any transaction involving a reorganisation of the land.
This includes developments configured through horizontal property laid out flat, in which exclusive use spaces are assigned to each dwelling.
The Notary must include in the protocol the descriptive and graphic cadastral certification, or a technical plan that precisely identifies each element, ensuring coordination between the Cadastre and the Land Registry.
This practice provides legal certainty and prevents the physical configuration of the development from differing from its registered description.
The horizontal property laid down in Catalonia: urbanisations and horizontal property by plots
In Catalonia, the establishment of private residential developments through horizontal property ownership presents particularities derived from its own legislation, both urban planning and civil.
The Legislative Decree 1/2010, which approves the Consolidated Text of the Urban Planning Law, establishes in its article 187 that the establishment or modification of a horizontal property regime requires prior urban planning permission, except for exceptions.
The Regulation on the protection of urban legality, approved by Decree 64/2014, specifies, in its article 30, that any operation that increases the number of dwellings or private elements must be subject to prior municipal permission and supervision.
From a civil point of view, the Fifth Book of the Civil Code of Catalonia, reformed by Law 5/2015, regulates horizontal property distinguishing between simple, complex, and horizontal property by plots. The latter is the figure closest to horizontal property ownership laid out flat and is also usually used to organise residential developments.
Article 553-9 CCCat requires that the constitutive title includes a descriptive plan of the whole and details the participation quotas, reinforcing transparency in the legal configuration of residential developments.
Consequently, in Catalonia the establishment of a private residential development under this regime requires permission, a plan, and a title perfectly adapted to civil and urban planning regulations.
Conclusions:
The horizontal property regime laid flat is the legal instrument that allows the configuration of private housing developments or residential complexes on a common plot, maintaining its legal unity and avoiding a complex subdivision process.
Its correct application requires a careful analysis of the physical reality, the planning, and the existing licences.
The doctrine of the DGSJFP, from the Resolution of 10 December 2003 to the most recent ones of 6 July 2021, 24 April 2024 and 26 March 2025, has been defining the legal framework of this figure, but its practical interpretation still depends on each specific case.
In Catalonia, where urban planning and civil requirements are stricter, the constitution of a housing development through horizontal property regime laid flat will only be valid if the prior licence is obtained and the requirements of the Catalan Civil Code are met.
The configuration of a private housing development through horizontal property regime laid flat offers obvious advantages, but requires a rigorous study of the applicable regulations and precise notarial drafting.
Before promoting or acquiring a property under this regime, consult your trusted Notary.
As Notaries in Barcelona, at JLA Notarios, we will advise you on the most appropriate legal form to constitute your housing development, review the urban planning licences and draft the deed in accordance with the law, guaranteeing the legal security of your project and that of all its future owners.
Discover how we act as Real Estate Notary in our notary office for horizontal division and contact us via the form on our website or by Whatsapp.
