Division of the apartment into two. We suggest how to do it

Instead of one large apartment, two smaller ones? Motivations for such a change are different – the desire to rent one part, the need to create space for a family member or simply investing in the future. Although at first glance it may seem simple, the division of the apartment is a process that requires fulfillment of specific formal conditions and proper technical preparation.

In this article, we will discuss step by step how to divide such a division – both from the legal and physical side.

Is the division of the apartment possible?

As the experts of the Gethome.pl portal emphasize, before we start considering specific actions, it is worth making sure that the apartment can be divided at all. Two factors are of key importance here:

• The layout of the apartment and its area – not every apartment can be divided in such a way that each part meets the standards of a dwelling (e.g. access to daylight, ventilation, minimum usable area, separate entrance, etc.). It should be remembered that in accordance with the ordinance of the Minister of Infrastructure, the apartment must have at least 25 square meters, the requirement is also to separate the kitchen or kitchenette, and the bathroom where there will be a place for a bathtub/shower cabin, a sink and a toilet – if there is no separate)
• The legal status of real estate – it is important whether the apartment is full property, a cooperative ownership right to the premises or, for example, a municipal premises.

If the apartment is located in the building of the Housing Community, it is also necessary to take into account the provisions of the community regulations and the possible influence of the planned division into common parts (e.g. installations, corridors, staircase).

Formalities related to the division of the apartment

The division of a dwelling is associated with a number of formalities that should be arranged before any construction works.

a) obtaining consent to the division of the premises

In the case of a housing community, it will be necessary to obtain the consent of the community, especially if the planned division affects the common parts of the building. For this purpose, the appropriate resolution must be carried out. This must also relate to consent to possible intervention in the common part of the building – e.g. to break the second entrance door. In the absence of consent from the community, the owner still has a choice of court.

b) architectural design of the division

The division of the apartment should be planned with the help of an authorized architect who will prepare a technical design of the new layout of apartments. The project must meet the requirements of the provisions of the Construction Law and local spatial development plans.

c) submitting construction works or building permit

Depending on the scope of planned works, it may be necessary:

• Submitting construction works – if there is no interference with the building structure.
• Building permit – if the planned division involves, for example, making new window openings, inputs, change of wall structures, bringing new sewage divisions, etc.

Applications or a permit application shall be made in the appropriate city hall or poviat starosty.

d) obtaining a certificate of independence of the premises

A very important stage in the division process is – after completing the work – obtaining a certificate of independence of the premises. The application in this matter should be submitted to the Poviat Starosty or the Commune Office with poviat rights (Faculty of Architecture). We will attach documentation to the application: consent to use, technical throws of the floor, on which the new premises or inventory report of the premises is located. A stamp duty should also be paid. At this stage, we also submit an application for order numbers to the premises.

e) notarial separation of the premises, a change in the land and mortgage register and land and building records

Obtaining a certificate of independence of the premises allows its possible sale or determination of ownership if the apartment stays with the current owner of the divided property. In each of these cases, we do this through a notary public either by making a unilateral statement, or by signing a notarial deed with the buyer, which will result in the assumption of a new land and mortgage register for a separate premises.

Physical division of the apartment – what to look for?

The physical division of the apartment into two independent premises is not only to put an additional wall. This is a comprehensive process that must take into account many technical aspects.

Separate entrances

To make two apartments independent, each of them should have a separate entrance – preferably from the staircase. In the event that it is impossible, the solution may be to separate the vestibule or corridor common to two apartments.

Installations: water, sewage, electrical and gas

Each of the separate premises should have:

• own media consumption meters (electricity, gas, water),
• separate water and sewage divisions (or consent to sharing),
• Independent electrical installations (often with separate fuse boxes).

Sometimes the consent of media gestors (e.g. power plant, gasworks) will be necessary to bring a second connection or chapter of the installation.

Ventilation and heating

Both apartments must have adequate ventilation – preferably gravitational or mechanical. If there is central heating in the building, it is often possible to separate or install individual heat meters.

Acoustic insulation and fire safety

When dividing, it is worth taking care of the sound insulation between the premises – especially in the case of a common wall. It may also be necessary to adapt the layout of apartments to fire protection regulations, e.g. in the field of escape routes.

Summary

The division of the apartment into two separate premises is a complex, but more and more popular way for better use of your property. The key to success is good preparation-both in terms of formal and legal and technical. It is worth using the help of an architect, lawyer or company specializing in this type of investment. Thanks to this, we will avoid expensive mistakes and increase the chances of conducting the entire process efficiently.

Marcin Moneta

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