What is horizontal property and how is it regulated?

Horizontal property is a legal regime that allows the coexistence of exclusive property rights over independent units within the same property, such as flats, apartments or premises, and co-ownership rights over the common areas and elements of the building. This model is common in multi-family buildings or commercial complexes where several people own individual parts and share responsibilities over the common areas.

Regulation of horizontal property in Ecuador

In Ecuador, horizontal property is mainly regulated through the Horizontal Property Law and its General Regulations. These regulations establish the basis for the creation, administration and operation of properties subject to this regime.

Key aspects of regulation in Ecuador

Declaration of Horizontal Property: In order for a property to be recognized under this regime, it is necessary to make a formal declaration before the corresponding municipality. This process involves the individualization of each independent unit and the determination of common areas.
Rules of procedure: Owners must draw up internal regulations that detail the rights and obligations of co-owners, rules of coexistence, use of common areas, among other aspects. This regulation must be in accordance with the Horizontal Property Law and its General Regulations.
Administration and Government: The regulations allow owners to set up a company for the administration of the property or, failing that, to establish internal regulations that regulate the management of common areas and coexistence between co-owners.
Rights and Obligations: Each owner has the exclusive right to his unit and, simultaneously, shares with the other co-owners the responsibility and use of the common areas. This implies obligations such as the maintenance of these areas and compliance with the rules established in the internal regulations.

Conclusion

It is essential that the co-owners know and comply with the legal and regulatory provisions that govern horizontal property to guarantee a harmonious coexistence and the proper administration of the property.