Owner's obligations after a subdivision is approved
The Municipal Board approving your subdivision is not the end: it is when the deadlines that do bind you begin. The Municipal Organic Law (Law 3966/10) sets what the owner must do, in how much time and what they cannot yet do. This guide puts those obligations in order. If you prefer to delegate them, see our subdivision project management.
1. How long approval takes
A subdivision requires two approvals (art. 245, as amended by Law 5346): the provisional approval of the Mayor's Office and the final approval of the Municipal Board. Each has a maximum period of 60 days, counted from when the requirements are complete (Mayor's Office) and from when the file enters through the intake desk (Board). If the body does not rule within that period, the project is deemed approved automatically, and you can request a certificate from the Mayor's Office certifying it. For the Board's automatic approval, you must already have complied with arts. 246 and 247.
The law's deadlines are counted in calendar days, unless the law itself says otherwise (art. 281).
2. The 30 days that run after final approval
With the Board's final approval, or with the Mayor's Office certificate if the Board stayed silent, the owner has 30 days to (art. 246):
- Delimit and mark each of the resulting parcels with boundary markers.
- Carry out any drainage works that were required.
- Open and clear the parcels intended for streets and avenues.
- Open and clear the parcels intended for squares and public buildings.
- Adjust the grades of the public roads.
- Obtain from the National Cadastre Service the cadastral nomenclature of the parcels (streets, squares, public buildings and lots) and submit the documentation to the Public Registries to register the public-use parcels.
- Pay the property subdivision tax.
The law does not set here what type of street must be built. Whether your municipality requires paving, power or water before accepting the subdivision is stated in its ordinance. See whether the streets must be paved.
3. Registration of the public parcels
The parcels for streets, squares and public buildings are registered in favor of the municipality. The subdivider has one year to make this registration. If they do not, a fine of 20 minimum daily wages per subdivided hectare applies, which the municipality collects with a debt certificate. The transfer and registration costs are borne by the subdivider (art. 249).
How much must be ceded is explained in how much land is ceded to the municipality when subdividing.
4. What you cannot do until you register
Lots cannot be sold unless the final approval resolution is registered (art. 246). If you will sell in installments, you must also register with the Public Registries the resolution as a marginal note on the finca and the standard sales contract (art. 250). Once those contracts are registered, the property becomes unavailable: it cannot be sold, leased or encumbered (art. 253). We cover it in subdividing with a partner, by service or with management.
5. Checklist to avoid missing deadlines
- Note the date of final approval (or of the certificate due to silence).
- Count 30 calendar days for the seven tasks of art. 246.
- Hire the boundary marking and drainage before approval, to start the same day.
- Coordinate with the municipality the street layout and the location of squares (they are determined by the municipality, art. 248).
- Start the cadastral nomenclature as soon as possible: it is the slowest part and depends on another body.
- Pay the subdivision tax (the rate is set by each municipality's tax ordinance).
- Do not open lot sales until the final resolution is registered.
6. How we solve it
We coordinate the boundary marking, drainage, street opening and the paperwork with the Cadastre and Registries, and we track the dates. If you also need power, paving and water, see the infrastructure for subdivisions.
Frequently asked questions
What happens if I miss the 30 days?
Art. 246 does not describe a specific penalty for missing those 30 days, but the automatic approval by the Board is conditional on complying with the obligations of arts. 246 and 247. Check with your municipality how the deadline applies and whether it allows an extension.
What happens if the Municipal Board does not rule?
After 60 days, the project is deemed approved automatically (art. 245 c), as long as the obligations of arts. 246 and 247 have been met. You can request a certificate from the Mayor's Office.
Can I sell lots while the registration is being processed?
No. The law says lots cannot be sold unless the final approval resolution is registered.
Who pays for the registration of the public parcels?
The subdivider. The transfer and registration costs in favor of the municipality are borne by them (art. 249).
Sources
- Law 3966/10 Municipal Organic Law, consolidated text
- Law 5346, amends arts. 245, 246, 248, 250, 255 and 258 of Law 3966/10
- Law 4198/10, amends arts. 239, 240 and 247 of Law 3966/10
Notice. Informational content with rules consulted on 09/29/2026. Deadlines and values are indicative and vary by municipality and service provider; always confirm with the municipality or the relevant body. It does not constitute legal, tax or engineering advice, nor a promise of profitability. Last updated: September 30, 2026.