How-To guide for the division of an apartment: required authorizations, variations cadastral, notarial records
The splitting of an apartment is the division into two or more parts of an 'original housing unit, the procedure requires the authorization request, the change of title and the registration of new property with a deed. The costs for expenses to be paid to the municipality are variable and quantifiable with a metric calculation. The splitting greatly increases the value of a property especially in large cities where small apartments have a greater value per square meter of the greats.
The phases of the fractionation
The procedure depends on local regulations, the PRG and the Building Regulations. Usually these are the main steps:
1. The legality of pre-existing to the municipality (urban conformity) and the land (cadastral compliance) is the verification of the documents of the apartment. From these processed part any application for authorization.
2. Wake or building permit to be delivered to the municipality paying concession fees, charges and possibly the monetization of the Law Tognoli (governing car parks, ie those intended for residents). And 'the practice by which the division is authorized by the administrative point of view and urban planning.
3. Change register with the suppression of subordinate old and the establishment of two new ones. The notes bear in mind the qualifying title with which they are made the work so as to demonstrate compliance planning.
4. Voltura and registration of the property with a deed: the new subordinates are assigned to their respective owners.
Condo: the rights of third parties
In any municipal authorization is always evident the words "subject to the rights of others", ie the municipality is not liable for any rights to other parties injured as a neighbor or a condominium holding that the authorization can not claim against the municipality itself.
Therefore before proceeding with a fractionation is good to ask to 'administrator the building regulations and considering whether to require authorization by all' meeting.
To avoid any claims on the part of condominiums:
1. Check that the regulation does not prohibit the splitting.
2. After the division to recount the shares thousandth. If you change the central heating system will also riconteggiati the thousandths of heating.
3. If 'access to new apartment will be on the landing will be changed or if the common areas, the condominium meeting you will have to speak with a resolution.
In general you do not need the authorization of the assembly if the split does not change the common parts and therefore does not infringe upon the rights of other residents. Usually, in order to avoid the consent of the assembly, it is sufficient that it does not modify the heating Monthly and new ports are located in the old apartment.
In fact, the new gateways can be placed:
- On the landing, next to the existing one: in this case the shareholders must approve the authorization because you change the "architectural decoration" of the common parts of the building.
- Inside the 'original apartment with a "compass" distribution: the owners come from the old door and find themselves in a small space with two independent open new doors in the apartments split. In this case, the condo can not retaliate because it does not change the "architectural decoration" of the landing.
City: Administrative authorization
Regional laws identify the guidelines but the competent authority to grant permission for the splitting is common. This is why every country has its own procedures to achieve compliance planning and make regular fractionation from an administrative standpoint.
The apartments must comply with rules that depend from municipality to municipality: minimum size (for example, in Rome at least 45 square meters), health standards, etc.. In the Consolidated dell 'Construction fractionation is considered a process of "building renovation" (Art 3 c.1 Lett D of DPR 380/01), allowable with permission to build or superdia (in some municipalities with payment of SCIA charges).
In addition to 'authorize the second document that must be the one-stop protocol of' building is the "end of work" where the owner declares that the works have been completed according to the project submitted and that it will register the change.
Land Registry: Procedure for change
On completion of the administrative proceed with 'update to the offices of the' Land Agency (formerly Cadastre). The owner and a qualified technician must submit, with the procedure DOCFA, the change cadastral "suppressing" the old subordinate and "constituting" new ones that will coincide with the apartments obtained from fractionation. All 'inside of DOCFA will contain the numbers of the qualification protocol which authorized the intervention and the "end of work" (or certificate of full performance). I remember that The Land Registry is the 'office of the Ministry of' economics that deals with census from the point of view of taxation, property, processed stored here do not have probative value and administration and therefore are not useful to verify compliance planning.
Costs
The costs of a fractionation are different depending of the municipality and the type of intervention. The main items are:
- Rights of the DIA investigation or Permission to build.
- Urbanisation charges (the Permits and construction) to be paid to the municipality because it increases the urban load. These costs are highly variable because they depend on the cost of the work and are obtained with the coefficients used in the metric calculation. Usually 10% -15% of the cost of the work.
- Monetizing car parks (sometimes is not applied).
- Cadastral tax for the variation (50 € per apartment).
- Plot of the technician.
- Plot of the notary and notary costs.
10/10/2012
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Translated via software
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Source:
Italian version of ReteIngegneri.it