Frecuently Asked Questions about Segregation Projects

URBANISM

Dec 2

Written By Francisco Javier Muñoz Fuentes

In this post we are going to clarify the most frequently asked questions about segregations. If after reading it you have any questions, we recommend that you read our GUIDE: EVERYTHING YOU NEED TO KNOW ABOUT PARCELLATION / SEGREGATION PROJECTS, where you can find all the information you need.

1. WHAT IS A SEGREGATION?

According to the definition contained in the dictionary of the Royal Spanish Academy, segregating consists of "separating or separating something or someone from another or other things". Applied to the area of urban planning, segregation is the procedure by which a real estate is divided into several smaller assets.

And what do we understand by real estate? To explain it, we turn to the definition made of it by the Real Estate Cadastre Law, which defines real estate as: “the parcel or portion of land of the same nature, located in a municipal area and closed by a polygonal line that delimits the space of the property right of an owner or of several undivided properties and, where appropriate, the constructions located in said area, whatever their owner, and regardless of other rights that fall on the property ”.

That is to say, when we talk about real estate, we refer both to farms, plots or lots on any kind of land, as well as to the constructions that are on these farms, plots or lots (such as a single-family home, an apartment in a building multi-family, a commercial premises that is part of a building, etc.) provided that the private property of said asset can be delimited.

2. DO I NEED A LICENSE TO DO A PARCELIZATION?

YES. This license will have the purpose of verifying that the proposed alteration of the property complies with the urban legislation and the applicable planning instruments. It will be necessary to request a license for division, segregation or grouping for any alteration in the surface of a land, farm or parcel that is intended to be carried out in any kind of soil; although depending on the type of soil in which we find ourselves, a series of actions or others will be allowed.

On unconsolidated urban land or subject to development planning, the segregation, division or grouping carried out in order to dispose of the property will be allowed provided that it does not hinder the development of the planning.
On non-developable land, only subdivisions of land for exclusively agricultural or forestry purposes are allowed, so the resulting plots must comply with the minimum cultivation units established by the competent Ministry of the Junta de Andalucía.

In the case of the municipality of Malaga, to give an example that serves as a reference, a minimum unit of cultivation in drying of thirty thousand square meters is established, and a minimum unit of cultivation in irrigated land of two thousand five hundred square meters.

In this type of segregation, it will be mandatory to record in the Property Registry, by means of a marginal note, the impossibility of carrying out construction and / or urbanization works on said plots.

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3. WHAT IS THE PROCEDURE I HAVE TO FOLLOW TO OBTAIN THE LICENSE?

To obtain the segregation license, you must submit (along with the corresponding application to the City Council) a project signed by a competent technician that will include, among others, the following aspects:

Georeferenced plans of the situation and surface of the land or property affected by the alteration.
Plans of the farms and initial and resulting plots.
Cadastral and registry identification of the affected farms.
Current urban conditions.

4. HOW MUCH DOES THE SEGREGATION LICENSE COST?

The fees corresponding to the licenses are provided by each municipality, so you will have to check with the corresponding Town Hall to which the property you want to parcel belongs to know the exact price. As an example and to serve as a reference, in the province of Malaga the license fee for farm clusters is fifty euros per original plot under study, with a minimum fee of two hundred euros. To this must be added the technical fees for the drafting of the project, which will be in proportion to the magnitude of the project itself.

At Munoz Barcia Arquitectos we have been processing subdivision and segregation projects for years, so if you have any questions, you can contact us without obligation and we will advise you on the processing of your subdivision project.

With all this information, you already know what a parcel segregation is and how to process it. Segregation is one of the procedures of parcel projects, without a doubt, it is very beneficial depending on the project you want to carry out. At Munoz Barcia Architects we are here to advise you on your parcellation project, we are available to you for free. We are waiting for you!

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