Dividing an already built house can be an excellent option to maximize its use and profitability. Whether to create two independent homes, generate additional income, or adapt to new family needs, this process requires meticulous planning and compliance with various regulations. Below, we offer you a practical and simple guide on how to divide an already built house.
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Why Divide an Already Built House?
Dividing anakready built home allows for better space optimization and can offer advantages such as:
- Generating additional income: By renting or selling one of the resulting units.
- Adapting to family changes: Providing independent spaces for different family members.
- Increasing property value: By converting a single home into multiple residential units.
Types of Housing Division
There are primarily two methods to divide a home:
Horizontal Division
Horizontal division consists of separating a home into independent units located on different floors. This type of division is common in apartment buildings or multi-story single-family homes. For it to be viable, each unit must have independent access from the public road or a common area, as well as meet the habitability requirements established by local regulations, such as ventilation, natural lighting, thermal and acoustic insulation, and minimum habitable surfaces. It is also important to review the building’s structure to ensure it can support the modifications without compromising safety.
Vertical Division
Vertical division involves splitting a home into two or more units located side by side, as seen in townhouses. In this type of division, each unit must have its own independent access from the street or a common area, thus avoiding shared hallways or interior staircases. Additionally, it is essential for each new home to have its own basic utility installations, which may require new connections and individual meters. Ensuring proper acoustic and thermal insulation between both units is also crucial to maintaining privacy and comfort for the occupants.
For high-end residential properties, these types of projects are often entrusted to high end architects in Marbella who specialize in creating tailored solutions that comply with legal requirements while enhancing aesthetics and functionality.
A home is much more than just a living space, and we understand that each client has different needs and concerns. Thats why we design, manage, and execute proposals that prioritize our clients’ quality of life. We carry out luxury home renovations from start to finish, seeking the best solutions and emphasizing all five senses in every space, optimizing and creating a unique design.
Steps to Divide an Already Built House
1. Review the Applicable Regulations
Before starting any division process, it is crucial to consult the applicable legislation. In Spain, this includes the Land Law, urban planning regulations of the autonomous community, and municipal ordinances. Additionally, the Horizontal Property Law regulates aspects related to property division. It is essential to ensure that the proposed division complies with the minimum habitability conditions, such as the required minimum surface area for each unit.
2. Obtain Permits and Authorizations
If the house is part of a homeowners’ association, the consent of the community is necessary. According to Article 10.3 b) of the Horizontal Property Law, the approval of three-fifths of all property owners is required to authorize the division. Moreover, the relevant licenses must be obtained from the local city council, as the division of a home already built is usually considered a major construction project.
3. Develop a Technical Project
It is essential to have a project prepared by an architect detailing the modifications to be made. This project must comply with the Technical Building Code and ensure that each resulting unit has:
- Minimum habitable surface area.
- Independent access.
- Proper acoustic and thermal insulation.
The project must be submitted to municipal authorities for approval. For this, you can rely on an architecture studio in Marbella to assist you in the process.
4. Carry Out the Necessary Construction Work
Once the permits have been obtained and the project approved, the next step is to carry out the construction work. It is advisable to hire professionals with experience in this type of renovation to ensure that the work is carried out according to regulations and meets high-quality standards.
5. Formalize the Legal Division
After completing the work, it is necessary to:
- Obtain the Habitability Certificate: A document that certifies that the home meets technical and habitability requirements.
- Register the division through a public deed: Before a notary, to legally formalize the new property configuration.
- Register the new units with the Property Registry: This ensures that each resulting home has its own cadastral reference and can be sold or rented independently.
Additional Considerations
- Associated Costs: The division of a home involves various expenses, such as professional fees (architect, notary), administrative fees, taxes (Stamp Duty), and construction costs.
- Specific Regulations: Depending on the location of the house, additional regulations may exist that govern property division. It is essential to stay well-informed and, in case of doubt, consult a professional.
- Professional Advice: Due to the complexity of the process, it is recommended to seek assistance from an experienced architecture firm specializing in home renovations and divisions. An architecture studio in Marbella offers specialized services in renovations and home divisions. For expert guidance, consider hiring an Architect for villas in benahavis who can ensure your project complies with all legal and technical requirements.
If your property is in a premium location or you’re aiming for a more exclusive result, working with high end architects in Marbella will ensure your division and renovation project meets the highest standards of quality and design.
Final Thoughts
Dividing an already built house is a decision that offers multiple benefits, but it requires careful planning and compliance with various regulations. With the right guidance and by following the steps outlined, this process can be successfully and legally executed.
If you are considering undertaking this type of division, do not hesitate to consult specialized professionals who can guide you through each stage of the process. Additionally, if your project involves the renovation of a chalet, you can find more information in chalet renovations.
If you enjoyed this article, you might also be interested in: “Phases of construction of a single-family house.”
