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Subdividing a piece of land: in which cases it is appropriate, how is the process and how much it costs

2023-01-18T09:23:49.056Z


The operation allows to distribute a property between two or more owners, or to put lots for sale. The requirements and how long it can take.


Subdividing a piece of land is a very common practice that occurs among people who want to

divide a

property

between two or more owners, or who wish to

sell the lots

as a business.

Carrying out this process is a fundamental point if one takes into account that, although it is possible to build a house on a lot that

one does not own

, the house in question will not belong to the person who built it, but to the person who owns the land.

Therefore, for a piece of land that has a property title to be divided into

two or more parts

, and for each of them to have

its own deed

, it will be necessary to carry out the

subdivision process

, according to the specialists.

Making the subdivision allows each individual to own their own property or apartment.

Photo: File.

In what cases is it convenient to subdivide a piece of land?

A frequent case is that of two or more brothers who

inherited

the land from their parents.

Or that of friends or relatives who

buy a very large piece of land

and then subdivide it and each have their own part.

In these cases, making a subdivision is convenient for them to transform the only piece of land into two or more.

Thus, each of the owners can be

awarded a lot

and 

have a

property title.

In this sense, as detailed by the president of the Tariff Commission of the College of Notaries of Buenos Aires,

María Celeste Gerarduzzi

, to

Clarín

, in the City of Buenos Aires there is a lot with

the PHs

, which must be subject to

the horizontal property regime

, because if not, technically, the children who inherited it are not exclusive owners of their own house built on the same lot.

"Making the subdivision allows each individual to be

the owner of their own property or apartment, and share the

common parts

with their relatives or neighbors

. The affectation is made by means of a Horizontal Measurement plan (with a surveyor, architect or civil engineer) and later it is submitted to municipal approval," explained Gerarduzzi.

"Once approved, they must appear before a notary

to carry out the

co-ownership regulations

and

distribute the

resulting units," he added.

Another typical case in which it is necessary to initiate a subdivision process is that of someone who

has land

and decides to

divide it into lots

in order to

put them up for sale

.

As well as when investors buy a very large piece of land with a view to subdividing, subdividing and finally reselling the already divided pieces of land.

Someone who has a piece of land and decides to divide it into lots to later sell them must start a subdivision process.

Photo: Shutterstock.

Making the subdivision of a piece of land: how much does it cost and how long does it take?

"The

subdivision process

implies

fixed expenses and other variables

such as notarial contributions, notarial sheets, deed rights, registration fees, registration certificates, study and compilation of background information, and certified procedures," explained the notary.

In this regard, he held that

it is

difficult to establish an exact amount

since many depend on the scales and the fiscal and special valuations of the properties.

Meanwhile, an extra cost will also have to be considered if the houses built on the same piece of land do not have a 

construction plan

.

Regarding the

fees of the notary

, according to the tariff guideline, in the condominium and/or adjudication division, a rate of

2% of the value

of the property is applied, being

0.5%

for the granting of co-ownership regulations, in which case it is accumulated with the previous one because it is an essential prior act for the adjudication.

Meanwhile, if the property is located

in the City of Buenos Aires

, this type of deed does not pay Stamp Tax and does not accrue Property Transfer Tax or ITI.

Since all cases are different, Gerarduzzi advised consulting a trusted notary to be advised and calculate the costs more accurately.

With respect to the times, he indicated that "you have to be patient because, if you have to

make plans

, you need to do some procedures beforehand for their approval."

"Once all this documentation is in place, the granting of the regulation is fast, but its

registration

takes approximately

2 to 6 months

, also depending on whether it is in CABA or in the Province of Buenos Aires," he concluded.

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Source: clarin

All news articles on 2023-01-18

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