Horizontal division
The act of horizontal division of a dwelling requires a horizontal division deed of the building and the registration of this deed in the Property Registry. In this way, the different dwellings and premises will be separated and may belong to different owners.
As Notaries in Barcelona specialised in Real Estate Law and Urban Planning, we want to explain what horizontal division is and how it works, as well as everything related to it: how to request it, how it is taxed, and how a Notary can help you in this process.
As a starting point, you should know that with law 11/2023, we can process your horizontal division in person, signing at the offices of JLA Notarios, our notary office on the Diagonal in Barcelona, or we can process a horizontal division electronically, through the Citizen's Notarial Portal, from anywhere in Spain where you are located, signing via notarial videoconference, without having to travel from your home or business.
What is horizontal division and what does it mean?
The horizontal division of a building is a legal regime by which a property is segmented and spaces are arranged and organised to create private and common areas. Therefore, in the horizontal property deed, the private property areas (private elements, such as flats, garages or storage rooms) are identified and the common areas (such as the entrance hall, stairs and terraces) are delimited.
The properties to which the horizontal division is applied are usually buildings constructed or under construction in which private elements coexist alongside common ones. But horizontal properties can also be created in terraced houses (horizontal division laid out) and in detached or semi-detached properties (horizontal division of a real estate complex).
The applicable regulation in Common Law is the Horizontal Property Law of 21 July 1960. In Catalan Law, the basic rule is the detailed article 553 of the Civil Code of Catalonia. Furthermore, these rules must be integrated with urban planning regulations.
The role of the Notary in the horizontal division
The Notary is both a public official and a legal professional, and assists individuals in managing their affairs in the most appropriate legal manner, ensuring compliance with the law and the protection of all parties involved in the signing of notarial documents.
In the case of horizontal division deeds, the Notary will ensure that all legal requirements are met for the proper establishment of the horizontal property.
At JLA Notarios we offer a comprehensive service in horizontal divisions, so if you wish, we can manage the taxes and the registration of the deeds you sign either in person or electronically with our notary office.
Documents to request a horizontal division
If you need to know how to obtain the horizontal division of a building, this is the necessary documentation that you will have to provide to the Notary in the usual cases:
- Valid identification documents of each of the grantors. In the case that a company signs, the company's documentation is required.
- Architect's certificate: a document in which the building's architect highlights the characteristics of the property, detailing the private and common areas.
- Scaled plan of the property where the private elements must be reflected.
- Administrative licence approved by the Town Hall authorising the horizontal division or the modification of the horizontal division. As a general rule, this is not necessary if the works are the same as those in the building licence.
- Community statutes: this document reflects the rules and regulates coexistence, as well as the use of private and common areas of the property.
What you should know is that from the notaries we assist you in gathering all your documents, always attending to your specific case.
The deed of horizontal division
The horizontal division deed is a notarial document that is established as a public and constitutive title of the community of a property with its different units. It acts as a legal instrument that will help regulate the relationships between the different owners.
The horizontal division deed describes the property as a whole, the private elements, and the common elements.
One of the important elements that must appear in the horizontal division deed are the community statutes and the participation quota in the community expenses.
It is necessary that the horizontal division deed is signed by the owners of all the private areas and by the Notary.
Once granted before a Notary, the horizontal division deed must be registered in the Land Registry. This is a service that, if you wish, we can process for you.
Can the deed of horizontal division be modified?
For the modification of said deed, it will be necessary to grant a deed of modification of said property. For this, the agreement of the Board of Owners is required and to follow the legislation according to the modification to be made.
If you need to modify a horizontal division, consult us and we will tell you the procedure in your specific case.
How and when is the horizontal division carried out in new construction?
In new developments, it is possible to sign the horizontal division before a Notary either before or after the construction is completed.
The horizontal division in an old building
To process the horizontal division in an old building that was not divided horizontally, the general rule is that unanimity of all the property owners is required.
The horizontal division in premises
The premises may be divided into two provided that the community statutes allow it, as well as urban planning legislation. It is a matter best analysed with the notary on a case-by-case basis.
Make a horizontal division of a building online
Currently, it is possible to carry out a horizontal division online, as notaries are allowed, in numerous matters, to work as Online Notary. With the approval of Law 11/2023, of 8 May, since 9 November 2023 we can process horizontal divisions, new constructions and commercial documents entirely electronically, without the need to appear in our Notary’s office.
How much does it cost to formalise a horizontal division before a Notary?
The price of horizontal division deeds before a Notary is regulated by the Government and complies with the regulatory framework of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, regulating the Notaries' Fee Schedule).
However, the exact price of a notarial document cannot be calculated until its specific content is known, that is, until it is signed, as there are many circumstances that can cause it to vary.
If you wish to receive a quote tailored to your case, we invite you to contact us. You can do so through the contact form on the main page of this website, via the contact section, using the WhatsApp shortcut at the bottom right of this page, by sending an email to bcn@jlanotarios.com or by calling us on 93 159 17 62.
As a guideline, we can inform you that, according to the current regulatory framework, the usual price for formalising a horizontal division deed valued at €50,000 is €760, including VAT. In the case of a horizontal division valued at half a million euros, the price would be around €1,100.
This indicative price is calculated for a horizontal division of that amount and with a normal length of the deed and annexes.
Furthermore, you should know that at JLA Notarios we offer a comprehensive service in horizontal divisions, so if you wish, we can process the payment of the AJD (Documented Legal Acts) taxes and the Property Registry fees on your behalf.
More frequently asked questions related to horizontal property division before a Notary
Granting the deed of horizontal division involves the taxation of the Property Transfer Tax and Documented Legal Acts in its Documented Legal Acts modality. In Catalonia, the tax rate is 1.5% and we can calculate the fiscal cost in any Autonomous Community that needs to process horizontal division.
The owners who grant the deed will have one month from the signing to manage and pay the tax. As we have mentioned, we can process the payment of the taxes for your horizontal division on your behalf.
The general rule is that to be the owner of a private element, the horizontal division must have been carried out, except in some residual cases. Therefore, if you are going to buy a flat or commercial premises in a building, you must require that it is horizontally divided.
It can be purchased as long as it is a plot or independent dwelling with its own deed. It cannot be purchased as a private element a dwelling that is within a building of dwellings without horizontal division, because if there is no horizontal division what is received is a co-ownership.
The Civil Code of Catalonia differentiates three types of horizontal division:
- Simple horizontal division: building with direct access to the public road with a communal staircase.
- Complex horizontal division: complex of independent buildings with different sub-communities and with different entrances that connect between them through gardens, swimming pools or garages.
- Horizontal property by plots: estates considered as plots, with an inseparable character and with common elements.
The difference between horizontal division and segregation is that in segregation there is the separation of a part of the original plot into smaller parts that become independent units. This separation must be less than 20% of the surface area of the original property for it to be considered segregation (otherwise it is considered a split).
Therefore, horizontal division usually applies to buildings that are divided into common elements and private elements; whereas splits and segregations allow a plot to be divided into several independent plots.
If a property without horizontal division has been inherited jointly with others, all the heirs will share the property in equal percentages and the consent of all co-owners will be required to sell or rent it. Thus, if a building is received in an inheritance, the horizontal division together with the inheritance procedure allows different premises or dwellings to be distributed among different heirs.
JLA Notaries, Notary for horizontal division
At JLA Notarios, our Notary Office in Barcelona, we have a team of highly qualified and experienced Notaries to process your horizontal property division deed. We are experts in real estate law and urban planning, we work empathetically and dynamically, and we apply new technologies in all procedures.
You can sign with us by visiting the modern facilities of our notary office on Avenida Diagonal in Barcelona or sign through our online Notary Office, since currently, through the Citizen's Notarial Portal, you can sign with us horizontal property division deed online, without any travel to the notary office, by means of signing via notarial videoconference.
Get in touch with us for an initial consultation. You can contact us via WhatsApp, the contact form, telephone 931591762, and email bcn@jlanotarios.com. Book your first consultation at JLA Notarios now; we will be delighted to help you achieve the best legal solution for your specific case.
By your side in the moments that matter
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The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
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Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
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At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
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JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
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A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
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At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
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JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
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Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and quick service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Apostille of the hague convention
Globalisation enables the free movement of people and documents of all kinds. How can you guarantee that a document has been officially issued? With an apostille of the Hague Convention.
JLA Notarios can obtain an apostille for all documents executed before us so they are valid and recognised abroad. We do this transparently and save you all the bureaucratic procedures involved.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
