Horizontal Property and Subdivision: Compatibility

Abstract

**Horizontal property** is a private law institution based on the existence of autonomous units within the same physical structure, either stacked or vertically divided, or on groups of buildings constituting a functional unit. Extending its regime to groups of buildings enshrined solutions already present in the legislation of other countries and allowed for addressing problems arising from constructions that, due to economic evolution, need to be adapted to new realities, in addition to enabling the creation of so-called gated communities.

Since the administration, particularly municipal councils, has a role in controlling land use and occupation, manifested through the licensing of subdivision operations, it is necessary to establish criteria distinguishing horizontal property from subdivisions so that, in cases of vertical division through horizontal property, true subdivision operations are not concealed.