Division of a single-family home – how to do it step by step?

It is growing year by year interest in dividing larger properties into smaller, independent ones units. The division of a single-family home into two or more units may have various motivations – the desire to allocate space for children or parents, the possibility of obtaining income from rental or preparing the building for selling part of the property. Although this solution may seem simple, practice requires careful planning, meeting formal requirements and technical adaptation of the building.

GetHome.pl experts explain below when and how you can to carry out such a division and what to pay attention to in order for the process to run smoothly efficiently and in accordance with the regulations.

Let's start with the most important one: can every single-family home be divided? not always. Both the layout and technical condition of the building are crucial, as well as and its legal status and local planning regulations.

To make it possible to formally separation of two independent apartments, the building must meet several conditions:

• Each premises must have a kitchen (or kitchenette) kitchen) and bathroom, i.e. so-called auxiliary rooms enabling independent functioning inhabitants.
• Usable area of each of the apartments cannot be smaller than 25 m² (in accordance with the Regulation of the Minister of Infrastructure on the conditions technical requirements that buildings and their location should meet).
• Separate apartments must be durable – partitions should be building elements, not temporary ones solutions (e.g. panel walls).
• Every premises must have access to daylight, adequate ventilation and meet other requirements resulting from the provisions of construction law.

The legal status of the property is also important – only the owner of the house or a person with an appropriate legal title may apply for its division. If the building is co-owned, the consent of all parties will be required co-owners.

Although single-family houses are sometimes spacious and could successfully accommodate several separate apartments, current legal provisions introduce significant restrictions in this matter. The owner of such a building can now allocate not more than two independent residential premises. This results from the provisions of the Act of 20 July 2017 on the National Resources Real Estate (Journal of Laws of 2017, item 1529), which clarified the rules development of single-family buildings.

In practice, this means that regardless of the house's area or its architectural layout, it is possible there is only a division into two apartments. This restriction was introduced to prevent circumvention of local plans. spatial development, especially by developers transforming houses into illegal mini-blocks.

The exception are buildings for which the building permit was issued before 11 July 2003 – only in their case is it possible to formally separation of more than two residential premises.

At the beginning it is worth seeking advice an architect or structural engineer's opinion on whether the house is suitable for division into regarding the layout of rooms, structures and installations. Checking the possibilities creating a second entrance, independent installations or appropriate ventilation will help avoid design errors and costly changes at a later stage.

To perform the division, the project preparation should be commissioned architectural drawing presenting the new layout of the premises. This documentation must include:

• boundaries of premises,
• new partition walls,
• changes in installations (electric, water and sewage, gas),
• new entrances to apartments.

The project needs to be developed by a person with appropriate authorizations.

Depending on the scope planned works it will be necessary to:

• reporting construction works if we do not disturb the building structure,
• obtaining a building permit if, for example, a new hole is to be made door or changing the structural partitions.

The application is submitted to district office or city hall with district rights.

After completing the work, you should submit an application for a certificate of independence of the residential premises. This document confirms that each of separated premises meets the requirements of a residential premises, in accordance with the Act on Ownership of Premises. The application is submitted in the district office or city hall. It should include, among other things:

• inventory report or current construction project,
• floor plan with marked premises,
• stamp duty.

After obtaining the certificate a notarial separation of apartments can be made. For this purpose, a notarial deed must be prepared - in the case of sale of one of apartments, it will be an agreement with the buyer, and in the case of leaving both premises at current owner – unilateral declaration in the form of a deed notarial.

The notary will then submit an application to establish a new land and mortgage register for the separate premises and will make an appropriate entry in the land and building register.

The physical division of the house into two housing is not just a formality - it requires ensuring independent functioning of each part:

• Separate entrances – it is best if each apartment has direct access from the outside or from staircase.
• Independent installations – each apartment must be provided with:
  • separate electricity, gas and water meters,
  • separate fuses and electrical distribution boards,
  • own ventilation and possible separation heating.
• Acoustic and fire insulation – walls between premises should provide appropriate sound insulation, and the entire building should meet the current fire protection requirements.

Division of a single-family home into two separate apartments is a good way to optimally use real estate – both for private and investment purposes. However, due to Due to applicable regulations, this process is only possible for two residential premises, unless the building was built before 2003. It is also necessary to meet numerous requirements technical and formal requirements. In order to carry out the entire process efficiently and in accordance with the law, it is worth using the help of an architect and an experienced notary.

Marcin Moneta

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