The procedure for dividing a plot

For many reasons, most often a sale or family matters, a building plot needs to be divided. A larger area can easily be split into two or more smaller plots. However, the process itself is not that simple, as it requires several procedures as well as financial outlay.

• Several necessary stages
• An application to the local authority
• The help of a surveyor
• Entering the division in the land and building register
• Legal division of the property

Several necessary stages

Unfortunately, a building plot cannot be divided in a single step. At least 4 main stages are necessary, each of which involves separate actions, most often bureaucratic ones.

An application to the local authority

At the very beginning, our task is to submit an application for changes to the plot, addressed to the wójt (village head), the mayor or the city president. It should include the legal title to the property, extracts from the real estate cadastre and a copy of the cadastral map, as well as a preliminary division plan. The division plan itself should in turn include the boundary and area of our property, its designation together with an extract from the land and mortgage register (księga wieczysta), the proposed boundaries and areas of the planned plots, and a proposal for the plots' access to a public road.

READ ALSO – CONVERTING AGRICULTURAL LAND INTO A BUILDING PLOT

The help of a surveyor

The first step to be taken is the geodetic division of the property. This means physically separating at least two smaller plots from the original cadastral plot. Of course, a condition for carrying out the whole procedure is that the plot is already covered by a local zoning plan (MPZP). Otherwise, a relevant application must be submitted to the nearest local authority office. The division can be carried out only by a surveyor. You should be prepared from the outset for this to take a while, as this step cannot be completed within a week or a month. This is due to administrative deadlines and procedures, where the average time to close the matter is 3 or 4 months. All the work is carried out on the basis of data from the local zoning plan. In the new division plan drawn up for us, the surveyor marks the planned boundaries on the plot and introduces new plot numbering. At the same time, all the documentation, in the form of a technical file, is passed to the national geodetic and cartographic resource. It is assumed that at least 1,500 PLN must be spent on this stage.

Entering the division in the land and building register

Our next task is to submit an application to the office to introduce the changes and record them in the land and mortgage register. Our application should include: documents confirming the legal title to the property, an extract and a map extract from the real estate cadastre, the zoning decision (WZ), the preliminary division plan, and the survey documentation prepared earlier. The latter consists of the report on the acceptance of the property boundaries, the map with the division plan, the list of land changes and, in some cases, a synchronisation list. All changes carried out by the surveyor should be taken into account by the local office. The register then shows the new plot numbers, their boundaries and areas. If we want to speed up the whole process, we should submit an application to the county office (starostwo powiatowe) to introduce changes in the land and building register.

READ ALSO – BEFORE YOU BUY A BUILDING PLOT…

Legal division of the property

After a positive outcome at the office, when our original plot has undergone boundary changes, we can apply for the legal division of the property. It is essential for transferring or selling the plots. Before we go to the notary, we must make sure that the division of the plot has first been entered in the land and building register. We should bring a current extract and map extract from the register with us.

The plot division procedure can be complicated for people who have had no opportunity to carry it out before. It is worth considering whether, instead of doing it yourself, it would be better to turn to specialists for help. The REMAX Gold estate agency will gladly advise on formalities of this kind. Please get in touch.