Property Partitioning in Practice: Legal and Technical Aspects
Partitioning is a complex process that allows for a clear definition of ownership over a specific portion of real estate and all its associated components. This process divides the property into independent functional units, such as apartments, commercial spaces, or garages, each with their respective co-ownership shares.
Condominium Ownership: Distributing Co-Ownership
Condominium ownership entails the right to ownership of a precisely defined condominium unit, including its corresponding ideal share of the property and the land upon which the property is situated. In other words, each condominium unit has its co-ownership stake.
Practical Aspects of Partitioning: Who and How?
Partitioning is carried out by experts, including construction expert witnesses and authorized legal entities, often involving architects. This process begins with the preparation of a partitioning report at the request of co-owners.
The report includes plans of specific parts of the building, including a written description, graphical representations, and tables with information about the size of spaces. All of this is done in collaboration with all co-owners to reach a consensus.
To create the partitioning report, it is essential to have technical documentation of the building, which will cover the areas of individual special and common parts. If necessary, measurements are taken, and drawings are prepared. Subsequently, co-owners must sign an inter-ownership agreement accepting the report. Finally, the documents are submitted to the court to be recorded in the land registry, enabling the individual sale of each apartment.
Partitioning is applicable to various types of real estate, including single-family homes, multi-unit buildings, and residential complexes with numerous condominium units.
What If You Don't Partition Your Apartment?
Not partitioning your apartment can lead to several problems:
- It will be harder to sell because prospective buyers won't know exactly what they are purchasing.
- You won't be able to obtain a mortgage loan against the property.
- You won't be able to conduct family divisions.
- You won't be able to fairly distribute the costs of maintaining or repairing the building.
To avoid these issues, partitioning becomes an essential step in the property ownership process.
The Importance of Partitioning for Ownership Clarity
Partitioning provides each owner with a clearly defined portion of the property. For example, an apartment owner is not just the owner of a certain percentage but of specific physical space, including every square meter.
Buyers are advised to seek expert assistance when purchasing an apartment to avoid potential complications. Buying a portion of the property based on ideal shares (e.g., 1/2, 1/3) is no longer recommended. Instead, partitioning and clearly defining each condominium unit are recommended.
It's important to note:
- A condominium unit may not necessarily encompass only one floor; it can extend across multiple floors or the ground floor, depending on the agreement.
- Physical separation of the apartment is not enough; partitioning must be documented on paper with a detailed description and square footage.
- On the land registry excerpt, the condominium unit may have a different designation from the actual floor, but this does not affect the actual location of the apartment.
- Before partitioning, it's crucial for the building or house to be legalized and registered in the cadaster and land registry.
Partitioning real estate is crucial for clearly defining ownership and avoiding future complications. Without partitioning, ownership of the property remains unclear and can lead to various issues, both in sales and in various other legal and financial matters. Buyers and sellers should consult with experts to ensure that partitioning is properly executed and that every part of the property is clearly defined and documented.