Horizontal Division in Spanish Urbanisations

What Is Horizontal Division?

Horizontal Division (“División Horizontal” in Spanish) refers to a legal structure in which different properties—such as houses, villas, or apartments—share ownership of the land on which they are built. This model is frequently used in urbanisations and residential developments throughout Spain.

In this framework, each homeowner owns 100% of their property (the house or apartment) and, at the same time, shares co-ownership of the land and communal areas with the rest of the property owners in the development.

Communal and Private Use of Land

Communal Areas

The land where the houses are located is considered communal property. This land is jointly owned by all the residents and usually includes:

Green areas and landscaped zones
Internal roads and pathways
Recreational facilities (tennis courts, playgrounds, gyms, etc.)
Swimming pools
Parking areas

All owners have a legal stake in these areas and share responsibilities such as maintenance, cleaning, repairs, and insurance.

Exclusive Use Areas

Although all the land is technically communal, certain portions of land—like private gardens, terraces, or swimming pools—may be assigned for exclusive use to specific owners. This means:

The area is still communal by law
The designated owner has the exclusive right to use and enjoy the area
The land cannot be separated or sold independently of the house
Building or modifying anything in these areas may require approval from the homeowners’ association or community board

For example, if an owner wants to add a garage, extend the property, or build a swimming pool on their exclusive-use garden, they often need:

Municipal planning permission, and
Consent from the community of owners

Legal Restrictions on Division of Plots

In some cases, homeowners may attempt to divide communal areas into separate plots to use them independently. While this was more common in the past, today it is heavily restricted for several reasons:

Minimum plot size laws may prohibit further subdivision
Urban planning regulations may not allow such divisions
The original urbanisation project might expressly forbid plot division

So, while a plot may be fenced and privately enjoyed, it remains legally part of the community.

Implications for Buyers

When buying property within a Spanish urbanisation that follows a Horizontal Division scheme, consider the following:

1. Community Charges

You will be required to pay monthly or annual fees to maintain the communal areas. These charges may vary based on the size of your property or exclusive-use area.

2. Limitations on Modifications

Making changes to your home or exclusive-use plot might require community approval, especially when it involves structural work or visible alterations.

3. Legal Status of Land Use

Understand the difference between ownership and exclusive use:

You own your home 100%
You share ownership of the land and communal elements
You may have exclusive use over a certain portion, but this does not mean legal ownership of that land

4. Community Agreements Vary

Each urbanisation can have its own internal rules and agreements regarding:

Use of communal spaces
Distribution of expenses
Decision-making procedures (majority or unanimous votes)

Conclusion

Horizontal Division is a common form of property ownership in Spanish urbanisations. It offers shared benefits—like communal amenities and security—but also implies shared responsibilities. If you plan to buy in such a community: