Why Receiving the Common Areas Matters in Horizontal Property

#### By: Dr. César Pazos, Of Counsel Attorney in Environmental and Urban Planning Law


Buying a property under the horizontal property regime is an exciting moment. However, it is vital not to overlook a crucial aspect: the handover of the common areas. The quality and upkeep of these shared spaces directly affect the value of your private property and the creation of a pleasant, comfortable environment for all co-owners.

What Are Common Areas?

Common areas are the parts of the building or residential complex that belong to all co-owners. They include:

• Columns and beams
• Elevators and stairs
• Facades and roofs
• Terraces and gardens
• Parking areas
• Pools and gyms
• Multipurpose rooms

Proper use and good condition of these areas are essential to the value of your property and to enjoying a pleasant environment.

The Common Areas Handover Process

Taking over the common areas from the builder is a step of great importance that must be done carefully. The process should be comprehensive and involve three key professionals:

1. Civil Engineering:

• Evaluation of the building's construction and structure.
• Verification of compliance with regulations and structural stability guarantees.

1. Architecture:

• Review of details, fixtures, and maintenance procedures.
• Inspection of the manuals, plans, warranties, networks, and designs delivered by the builder.

1. Legal Aspect:

• Verification of compliance with technical standards and warranties.
• Review of the delivery of all the documentation needed to organize the co-ownership.
• Analysis of the horizontal property bylaws notarized by the builder.

What to Do If There Are Defects

If inconsistencies or defects are found during the handover, it is essential to act immediately. An experienced attorney should bring the appropriate actions before the relevant authorities, such as:

• The municipal planning office
• The Housing Secretariat (Secretaría del Hábitat)
• The Superintendency of Industry and Commerce

The goal is to ensure that what was promised at the time of purchase is delivered, that construction defects are repaired or, failing that, that adequate compensation is paid.

Legal Support at Consejurídico

At Consejurídico, our attorneys who specialize in urban planning law support and accompany you throughout the common areas handover process, and represent you before administrative and judicial authorities in case of any breach of warranties.

If you would like support from our experts, contact us by clicking here.

Don't let buying a property become a headache. Make sure the common areas handover is careful, technical, and responsible so you can fully enjoy your investment.

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