In Andalusia, subdividing a plot (segregación), doing a horizontal division (división horizontal) or turning a house into two homes needs a municipal licence (articles 137 and 138 of the LISTA, Andalusia's planning act, Ley 7/2021). Each resulting plot must meet the minimum plot size set by the local plan, and urban subdivisions into building plots are prohibited on rural land. The town hall has three months to decide, and the title deed must be submitted to the town hall within the three months following the licence or the licence expires. In Almería the technical documentation costs €150 to €1,500 for a horizontal division and €500 to €2,000 for a plot subdivision.
Three different operations
- Plot subdivision (segregación): separating part of a property to create another, independent one, with its own entry in the Land Registry.
- Horizontal division (división horizontal): dividing a building into independent homes or commercial units that share common elements, without dividing the land.
- Dividing a house into two homes: building work that increases the number of homes. A horizontal division is usually needed afterwards to sell or mortgage them separately.
All three need a licence. Article 137.1 of the LISTA makes land divisions, plot subdivisions and urban subdivisions into building plots (parcelaciones urbanísticas) subject to a licence, including the various forms of horizontal property (propiedad horizontal).
Minimum plot size and indivisibility
The local plan sets the minimum plot size for each zone, with its area and, often, a minimum frontage. The regulation implementing the LISTA (Decreto 550/2022) declares the following, among others, indivisible (article 138):
- Plots equal to or smaller than the minimum.
- Plots smaller than twice the minimum, unless the excess is added, in the same act, to an adjoining property.
- Plots that have already used up all of their buildable floor area (edificabilidad).
- Plots legally tied to the buildings authorised on them.
Example: if the minimum plot size is 200 m², a plot of 380 m² cannot be split in two. Before commissioning anything, check the minimum plot size for your area in the local plan.
Dividing a house into two homes
Increasing the number of homes falls outside what a responsible declaration (declaración responsable) can cover. Article 138 of the LISTA limits it to works and changes of use that do not increase the number of homes, so a licence with a technical design is needed.
Before drawing anything, two things must be checked:
- That the plan allows it: maximum number of homes or density, buildable floor area and parking spaces if the ordinance requires them.
- That each home complies on its own: floor area, ventilation, lighting, independent access and separate installations.
Once the works are finished, the responsible declaration of occupancy (declaración responsable de ocupación) is submitted (article 138.1.d). After that, the horizontal division deed is signed and registered in the Land Registry.
Rural land: where the limit lies
Urban subdivisions into building plots are prohibited on rural land (suelo rústico) (article 91.7 of the LISTA). These are divisions into two or more lots that could lead to the formation of new settlements, regardless of what agricultural legislation says (article 91.1.b).
The law looks beyond formal subdivision. Selling undivided shares, or doing a horizontal division that gives each owner the use of part of the land, are acts that point to a possible subdivision (article 91.2).
- An agricultural plot subdivision also needs a licence, and the reports must assess that it does not lead to new settlements (article 137.2 of the Regulation).
- The licence records the indivisible status of the resulting rural properties or the minimum area into which they can be divided (article 138.2 of the Regulation).
- The division of a rural property is valid only if it leaves no plots smaller than the minimum unit of cultivation (unidad mínima de cultivo), apart from the exceptions in the law (articles 24 and 25 of Ley 19/1995, the agricultural holdings act).
- A subdivision contrary to the planning rules is a very serious offence, with a fine of €30,000 to €120,000 or more (articles 161.4.a and 162). On rural land it is never time-barred (article 153.2).
That is why dividing a country house into two homes is hard to fit within the rules. A horizontal division is an act that points to subdivision, and a home not tied to a farm holding is an extraordinary action (article 22).
Notary, Land Registry and timescales
- Technical documentation: drawings, georeferencing of the plots or description of each home. It usually takes 2 to 4 weeks.
- Licence: the town hall has three months from when the documentation is complete (article 140). For plot subdivisions and urban subdivisions, if it does not reply, the application is taken as refused (article 11.4.a of the Texto Refundido de la Ley de Suelo, the national land act).
- Title deed: the notary cannot authorise it without the licence, which must include the precise georeferencing. You have three months from the licence to submit the deed to the town hall; if you do not, the licence expires without any further formality (article 91.4).
- Land Registry: the plot subdivision or division is not registered without the licence either (article 91.4).
The three-month period can be extended for justified reasons. In the deed itself, the notary is asked to send a copy to the town hall, and that meets the obligation.
What it costs
| Item | Indicative amount |
|---|---|
| Technical documentation for a horizontal division | €150 to €1,500 (published average in Almería: €420) |
| Technical documentation for a plot subdivision | €500 to €2,000 (published average in Almería: €800) |
| Municipal fee for a subdivision licence | €100 per application in Roquetas de Mar |
| Works to create a second home | Design, municipal fee and construction tax (ICIO) depending on the works (in Roquetas, 0.25% and 3% of the cost) |
| Notary, Land Registry and taxes | Depending on the value and the number of properties |
At Poniente Arquitectura we prepare the documentation for plot subdivision and horizontal division from €450 + VAT, in 2 to 4 weeks. If building work is needed to create a second home, we quote it separately with its own design.
Frequently asked questions
Do I need a licence for the horizontal division of my house?
Yes. Article 137.1 of the LISTA includes the various forms of horizontal property among the acts subject to a licence.
Can I turn my house into two homes with a responsible declaration?
No. A responsible declaration (declaración responsable) cannot be used for works or changes of use that increase the number of homes (article 138 of the LISTA), so a licence is needed.
Can I split off a piece of my rural land to sell it?
Only with a licence, if each part meets the minimum plot size and the minimum unit of cultivation and the division cannot lead to new settlements. If it can, it is an urban subdivision into building plots (parcelación urbanística) and it is prohibited (article 91 of the LISTA).
What if I sell part of the land in undivided shares to avoid subdividing?
On rural land, selling undivided shares (proindiviso) that give each buyer the use of a part is an act that points to subdivision (article 91.2 of the LISTA). The Regulation requires a licence for these acts (article 139.2).
What happens if I do not submit the deed in time?
The licence expires by operation of law if the deed is not submitted to the town hall within the following three months. The period can be extended for justified reasons.
Sources
- Ley 7/2021 (LISTA), consolidated text in the BOE
- LISTA, article 91: urban subdivision (Iberley)
- LISTA, article 137: acts subject to a licence (Iberley)
- LISTA, article 138: responsible declaration (Iberley)
- LISTA, article 140: time limits for licences (Iberley)
- LISTA Regulation, article 138: indivisibility (Iberley)
- LISTA Regulation, article 139: urban subdivisions (Iberley)
- Texto Refundido de la Ley de Suelo y Rehabilitación Urbana, article 11.4 (BOE)
- Ley 19/1995, de Modernización de las Explotaciones Agrarias, on agricultural holdings (BOE)
- Roquetas de Mar tax ordinance on fees for planning licences
- Certicalia: price of a horizontal division in Almería
- Certicalia: price of plot subdivision in Almería
This guide is for information; every case needs a check of the local rules.