Basic knowledge of site division in housing complex

This is a procedure to eliminate the fact that many people share the site of housing complex.

Last Updated August 20, 2024

In housing complex, it is difficult to do something different in each building.

Figures that have different hopes, such as rebuilding, selling, or leaving buildings in housing complex.

　In housing complex, where multiple condominiums are built and share land rights, all the people who share the rights must agree to do anything.
　If you want to rebuild, dismantle and sell, or maintain the status quo, it will be very difficult to reach an agreement.
　However, for example, if a specific building has insufficient earthquake resistance, it cannot be said.

Certification required for removal and site division

Matters subject to certification for specific retirement required
１	Earthquake safety does not conform to the standards of the Building Standards Law and ordinances.
２	Fire safety does not conform to the standards of the Building Standards Law and ordinances.
３	External walls, exterior materials, etc. may peel off or fall, causing harm to the surrounding area.

　If there is a problem with the earthquake resistance of certain buildings in housing complex, you can apply to Yokohama City from Residential Association in housing complex to obtain certification for the removal of certain buildings.
　Upon receiving this certification, the agreement necessary for the so-called "site division" is to be separated from the site of the entire housing complex site, will be eased by more than 4/5 of the agreement.
　If the number of agreements after the relaxation is met, it will be possible for buildings with safety problems that require demolition and rebuilding to proceed independently.
Regarding the certification of the necessity of removal (Article 102 of the Act)

Image of site division

Before the site split

After the site split

In order to divide the site, rights must be allocated.

　housing complex shares a large land evenly as a shared site, and there are many convenient and non-resident areas, and the value of each area is different. When splitting, you will own only the divided land and the remaining land, so it is necessary to consider how to divide while considering this value rather than simply dividing it evenly.
　You can only agree on the site division if you divide it so that you can understand.

Figures that differ in value depending on location in housing complex
The value of the same site is different

If split is possible, we will proceed with rebuilding and sale of the site

　Once the decision is made by the entire housing complex and the site division is completed, the next step is to proceed to the next step by rebuilding or selling (selling the site) of condominiums with safety problems.
　In this rebuilding or sale of the site, the site has already been divided, so it will be possible to proceed only with the agreement of the right holder of the divided site.