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BOE-A-2026-15526 ·16 July 2026 ·Resolution not-relevant
Administrative

Horizontal Property: Segregation of properties requires owners' meeting consent unless expressly permitted by statutes

The Directorate General for Legal Certainty and Public Faith confirms that the segregation or aggregation of properties within a building under a horizontal property regime requires the consent of the owners' meeting, unless the registered statutes expressly empower the owner to carry out such modifications (Facts II and III). In this instance, the Registrar of San Sebastián No. 6 suspended the registration of a deed for the segregation of 9.99 m² and 17.41 m² as no such power was found in the registered condominium rules.

In 2 key points

  1. The segregation of properties requires the consent of the owners' meeting if there is no statutory clause empowering the owner (Hechos III)
  2. The modification of participation quotas (from 2.70% to 2.1% and 3.3%) is contingent upon the legality of the segregation (Hechos 2.º)

Lifecycle

2026-07-16PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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