A co-ownership title split is the organization of a building or group of buildings whose ownership is divided, among several people, into lots, each comprising a private portion and a share of the common portions. In this article, you'll find everything you need to know about breaking up a co-ownership title: procedure, usefulness, price....
Why split title to land by co-ownership?
Buildings subject to condominium status are defined in article 1 of law 18-00. They range from buildings with two dwellings and two different owners, to complexes with several buildings and hundreds of dwellings.
A title can be split into several titles. This only applies to registered buildings that have been reconciled. This operation begins with the preparation of a technical file by a Geometric Surveyor registered with theONIGT.
There are many reasons for wanting to divide a house into apartments. For example, an investor who buys a large house and wishes to create several apartments for a more profitable rental investment, especially as houses have real advantages in this area.
The division of a house into apartments often occurs when the family has become smaller than when it was purchased. If the children have left home, parents may wish to downsize and rent out part of the house.
It can also be an interesting way of selling a property, particularly in areas where real estate costs are very high. It can be easier to sell three 80 m² apartments than a very large 250 m² house.
Is my building eligible?
Modifications and extensions are common practice in Moroccan households. However, when it comes to splitting up land titles, the land registry ensures that architect's plans approved by local authorities are fully in line with what is actually built, in strict application of law 18-00 on co-ownership. This decision is justified by the administration's desire to oblige citizens to comply with current urban planning standards.
Once the technical file has been submitted to the land registry by the topographical surveyor, a land registry team carries out an on-site verification. The aim is to ensure that the property plan corresponds to the state of the site as modified by the latest construction.
Even though the owner has a building permit, he may have made unauthorized alterations or extensions. The law is clear on this point: every change, whatever its size or nature, must be validated by the authorities. So in the case of unauthorized modifications, you'll be stuck when you go to split up the titles.
We often receive clients who want to proceed with a land title split, but when the conformity check is carried out it turns out that their files will be rejected by the administration due to the modifications their houses have undergone.
What happens when a co-ownership title is split up?
At a prior meeting with a geometric surveyor, who can visit the building to explain your condominium project.
Don't forget to bring with you the basic documents that the Geometric Surveyor must have before starting work on the condominium's technical file:
- The identity document of the owner or of his legal representative, the proxy in the case of a company;
- The land information on the property;
- The authorized "Ne Varietur" construction plan;
- The building permit.
At the end of this first meeting, the Topographical Surveyor will draw up an assignment contract with a detailed fee proposal covering all his services.
Once the contract has been signed, the Topographical Surveyor will draw up the condominium's technical file and submit it to the Land Registry Office:
1. Administrative documents
The administrative documents in the co-ownership file are as follows:
- The service contract between the Ingénieur Géomètre Topographe and the owner or his legal representative. This contract must be drawn up in accordance with the model stipulated by the Ordre National des Ingénieurs Géomètres Topographes (ONIGT);
- A certified copy of the certificate issued by the Regional Council of the ONIGT certifying that the "IGT" is in good standing with the Order;
- A certified copy of the building permit ;
- The authorized "Ne Varietur" building plan;
- Specifications, if any ;
- Consultation receipt with land references.
2. The condominium sub-file
This sub-file includes the following items:
- Green shirt ST206A.COP,
- The descriptive division report,
- The co-ownership regulations, signed by the owner,
- Summary table of surface areas by consistency,
- Summary table of surface areas by level,
- Table B of ST 296 capacities,
- Co-ownership topographic plans.
3. The private area file
For all the private portions of a condominium, the IGT draws up a single file that includes :
- ST205 yellow shirt,
- Table A of ST297-COP capacities
This stage generally takes two to three weeks.
Once the file has been validated by the land registry. The land surveyor will submit the following documents to the land registry for addition to the land title:
- Receipt for the technical file submitted by the Land Registry ;
- Co-ownership regulations signed by the owner and duly legalized ;
- Procès - verbal descriptif de division ;
- Two (02) prints of the condominium topographical plan for each private area and for each level, including the terrace;
We also support our customers even after they have received their receipts, during the entire administrative process at the land registry.
How much does it cost to split title to a property by co-ownership?
The cost of an operation to break up title to land by co-ownership depends on a number of factors that can have an impact on the amount of the fees:
- surveyor's fees: this professional sets his rates according to a fee guide;
- The number of units,
- the complexity of the operation: it can be complicated by a lack of documentation, which also lengthens the operation and therefore its cost.
- Land registry fees
Contact us with the documents in your possession, and we'll be able to tell you the estimated budget for this operation.
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Need a topographical surveyor? Then welcome to HEXAGON GEOSURVEYS for your topographic plans, land delimitation, plot division, house layout or architectural survey.
Would you like an appointment, a quote or advice? Write to us and we'll be happy to advise you: (+212) 6 60 41 02 18 Monday to Friday.
What a contradiction; registering constructions in the land title is possible even if they are not authorized, but splitting up the same land title is forbidden!
I request title of my land in tikiouine agadir thank you
Hello,
My family has a plot of land in Temara which is held in common title by 34 people. What is the procedure for joint ownership or splitting up the cost?
Thank you very much
El Belghiti
Hello,
I bought a property from the property developer chaabil iskane in 2010 at the Paris property fair.
The seller assured me that I would have the title deed 6 months after paying the full amount of 69,000 euros and since then I still have not obtained the title deed.
Knowing that the notary gave me a document to request water and electricity. I've been living there since 2011but I can't register it to obtain title to the property. What can I do? Thank you very much for your help