What makes an apartment a separate property

Horizontal property allows a private unit to exist legally inside a building with common elements. The apartment should be identifiable through its Folio Real, area, and approved documents. Parking, storage, and shops may form part of a unit, hold separate registration, or follow another assignment.

The land registry's horizontal property requirements include a deed, cadastral certificate or valuation, administrative resolution or certification, division table, and approved individual plans, among other items. For a purchase, confirm which documents exist and how they describe the offered unit.

Private area is not the advertised total

Request separate figures for enclosed private area, balconies, terraces, parking, storage, and common share. Listings may use different concepts. A large figure does not always represent space you can furnish. The Folio Real, plans, and division table should clarify what is private and what is common.

Measure when area materially affects the price. Review walls, shafts, and technical spaces crossing the unit. For private-use terraces or patios, ask who owns them, who maintains waterproofing, and which works are allowed. Exclusive use does not always equal private ownership.

Inspect common areas too

Walk through visible roofs, facades, basements, stairs, pumps, tanks, elevators, gardens, and safety equipment. You do not need to be an engineer to notice leaks, corrosion, odors, exposed wires, or delayed maintenance. When signs appear, request reports and estimates.

Ask about equipment warranties and maintenance agreements. In a new building, confirm which spaces have been delivered and which remain under construction. In an old one, learn when elevators, pipes, waterproofing, and electrical systems were renewed. Owners share those future investments.

How to read building fees

Request recent bills and the annual budget. Identify security, cleaning, management, common electricity, water, maintenance, and insurance. Find out how costs are allocated: ownership percentage, area, use, or a combination. Do not assume every apartment pays the same.

Separate ordinary fees from special assessments. A project may already be approved even when the charge has not appeared on the monthly bill. Ask whether the seller is current and who will pay amounts approved before closing but due later. Put the answer in the agreement.

Delinquency, reserves, and management

A building with many delinquent owners may reduce services or delay work. Request collection rates, accounts, and reserve-fund information. You do not need each neighbor's private data to understand the financial health of the complex.

Review who manages, the manager's authority, and procurement. Request at least a year of meeting minutes. Look for repeated problems, litigation, fines, management changes, and expensive projects. Minutes reveal how the community responds when something fails.

Regulations and daily life

Read rules on pets, short-term rentals, moving, noise, facades, balconies, grills, events, and commercial use. If you intend to rent the home or work from it, do not postpone this reading. Current tolerance among neighbors may change, while a documented right offers more certainty.

Confirm how meetings are called, works are approved, and fines applied. Ask about current disputes. Strict rules are not necessarily bad when they match your lifestyle. The problem arises when you buy expecting a use that the regulation limits.

Parking, storage, and ambiguous rights

Locate parking and storage, measure them, and confirm their documentation. Do not accept 'it has always belonged to the unit' without support. For assigned common areas, review the document governing assignment and whether it can change.

With tandem spaces, platforms, or shared arrangements, test the daily operation. Establish equipment maintenance costs. For storage, inspect moisture, ventilation, and prohibited items. An accessory adding commercial value should have an understandable legal status.

Checklist before a reservation

Request the unit Folio Real and accessory records as applicable, plans, division table, regulations, minutes, fees, debt status, and approved assessments. Compare areas and names. If the seller promises a special use, require documentary support.

Make the reservation subject to satisfactory review and allocate debts and special assessments in the purchase agreement. The building is not scenery around the apartment. It is a legal, physical, and financial structure you join at closing.

Before taking possession, prepare a report covering keys, remotes, readings, equipment, and observations. Notify management of the ownership change and confirm payment and notice channels. An orderly transition prevents an old debt, missing remote, or pending repair from appearing after the seller has left the process.

  • Separate private, common, and exclusive-use areas.
  • Inspect shared systems and maintenance.
  • Review budgets, reserves, delinquency, and minutes.
  • Read regulations against your intended use.
  • Document parking, storage, and debt.

This guide provides general information, not legal, tax, financial, or investment advice. Confirm current requirements and get advice for your specific transaction.