Real estate complexes

The General Directorate of Legal Security and Public Faith (DGSJFP) has pronounced on a curious case. A new building, erected after demolishing an old ship, could not be registered because the community of neighbors opposed it. The registrars said that this land belonged to everyone, since there was a horizontal property since 1976, that is, a kind of " internal regulation " where it is decided what belongs to each one and what is common.

The notary who handled the case argued the opposite because he considered that those rules no longer fit with the current reality, since many years had passed working as a set of much more independent buildings than what the old statutes say. In fact, the building had its own distribution of expenses and shares of participation, and the ship (the one that was demolished) was physically and legally separated from the rest, had never intervened in the community or in economic or administrative decisions.

The DGSJFP assesses all this and recognizes that, although in 1976 there were no legal figures as detailed as now for these "real estate complexes", practice and rules have evolved. Therefore, in this case, it considers it logical and fair to treat it as a private real estate complex; consequently, the land and the flight of the new building would be private, not common, and it would not be necessary to have the community's permission to register the work. It is a decision that adapts roles to reality and makes life easier for owners who organize themselves independently.

In situations of this type, our professionals will analyze the circumstances to take the most appropriate actions in defense of your rights