Francisco Javier Muñoz Fuentes 12/2/20 Francisco Javier Muñoz Fuentes 12/2/20

Frequently Asked Questions about Parcellation Projects

In this post we are going to clarify the most frequently asked questions about subdivision projects. 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 PARCELLATION?

According to the provisions of the urban planning legislation of Andalusia, the following are considered urban subdivisions:

On land that has its own urban and developable land regime, any simultaneous or successive division of land, farms, parcels or plots.
On land that has the non-developable land regime, the simultaneous or successive division of land, farms or parcels into two or more lots that, regardless of what is established in the agrarian, forestry or similar legislation, may induce the formation of new settlements.

It is important to note that, in Andalusia, parcels on undeveloped land are prohibited (in this type of land what is allowed are segregations, so, if that is your case, we recommend that you read any of our posts: FREQUENTLY QUESTIONS ABOUT SEGREGATIONS or GUIDE: EVERYTHING YOU NEED TO KNOW ABOUT SEGREGATION / SEGREGATION PROJECTS For this reason, when we speak of parcels we refer to all those divisions of urban or developable land that have the main characteristic that, in addition to physically dividing the land, it is also necessary to distribute the urban rights over that land. These rights are mainly urban use or, in other words, the buildability of the use assigned by urban planning that we can build on that land.

For the rest of the divisions of all types of properties (plots on rustic land, commercial premises, flats, etc.) there will be no subdivision, but a segregation.

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. Any alteration of the surface of a property is subject to the prior obtaining of the parceling license. No public deed containing an act of subdivision may be authorized or registered without the provision of the required license, which notaries must testify in the corresponding deed.

However, there is an exception to this rule, which is that when the subdivision is contained in an approved reparcelling project, it will not be necessary to apply for the license.

What is a reparcelling? Although it looks like parceling, they are different operations. The reparcelling consists of the restructuring of farms included in an execution unit for their new division adjusted to the planning instruments. In other words, when there is an urban planning instrument that orders the restructuring of farms (previously rural) to convert them into new lots with a specific use (residential, commercial ...) in that case we are facing a reparcelling. Since it is the planning instrument itself that has "ordered" the reparcelling, this is a completely legitimate operation, which does not need to apply for any type of license.

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

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

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

It is important to point out that the municipal license on subdivisions is granted by the city council under the condition that the public deed by which the subdivision project has been formalized is presented within three months of the granting of the license. After this period has elapsed without such formalization having been submitted, the license will expire, so the procedures will have to be started again.

4. HOW MUCH DOES THE PARCEL 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 parcel license fee is two hundred and twenty euros per resulting plot (with a maximum of one thousand one hundred euros and a minimum rate of four hundred and forty euros). To this must be added the technical fees for the drafting of the project, which will be in proportion to the magnity 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.

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