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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