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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a land registrar's decision to suspend the registration of a deed declaring new construction and horizontal division. The case examines the validity of a phased horizontal division on a 23,544-square-metre plot, where the first phase covers only 4.43% of the total area and involves the construction of 84 homes in various stages.
For property developers, this resolution highlights the legal complexities of implementing phased horizontal divisions when the initially occupied area is minimal compared to the total plot. The core issue lies in the ability to segregate and construct new phases without requiring further authorisation from the Homeowners' Association regarding the remainder of the plot, which affects the legal certainty of the horizontal property regime and the management of common areas.
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