A property separation (destaque) is an urban planning process that allows the division of a plot of land into two autonomous parcels, without the need for formal subdivision. This procedure is used when you want to separate a part of a property, thus creating a new lot that can be sold or developed separately.
Here are some important points about property separation:
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Requirements and Conditions:
To carry out a separation, it is necessary that the resulting parcels border public roads, and that specific legal requirements for the area in question are met. In the case of urban areas, parcels must have direct access to public roads.
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Exemption from Licensing:
The separation is generally exempt from administrative licensing, provided the mentioned conditions are met. This simplifies the process compared to a complete subdivision, which requires a more complex and time-consuming procedure.
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Separation Certificate:
To formalize the separation, it is necessary to obtain a certificate issued by the municipal council, which proves the verification of legal requirements for the separation. This certificate is sufficient for property registration purposes of the separated parcel.
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Limitations:
After a separation, it is not permitted to carry out a new separation in the area corresponding to the original property for a period of 10 years, counted from the date of the previous separation.
The separation is a useful tool for owners who wish to divide and sell part of their land, but must be carried out in compliance with local urban planning norms and with proper municipal authorization.