Horizontal property in Spain is a type of real estate property, whose legal status requires community members to simultaneously hold, within the same division as a whole, at least one exclusive private element and another shared common element, in terms of its use as a Germanic community (without distinguishing individualities), and in terms of the maintenance of costs, as a Roman community (by individualized quotas).

The art. 396 Archived September 28, 2013 at the Wayback Machine. The Spanish Civil Code, in its original draft, established, for houses divided into floors, an ordinary community system for contributing to common expenses. Now, in its new wording, art. 396 of the Civil Code Archived on September 28, 2013 at the Wayback Machine., for houses divided by floors, distinguishes and combines two types of rights: (1) a singular and exclusive property right, over each apartment (flat, premises, office, etc.), and (2) a collective, inseparable and inalienable property right, over all common elements.

This inalienable common property is what characterizes the status of horizontal property.

The horizontal property regime must be established before a notary by means of a public deed, by the sole owner, or by the different common owners, provided that they hold 100 percent ownership of the entire property.

From that moment, the obligation arises to open and follow a minute book, in which the agreements adopted in the "Meeting (organization)") of owners that must be held at least once each year will be transcribed, and to appoint the representation "Representation (Law)") of the community delegated to at least one president.

Horizontal property can be registered in the Property Registry in three ways: (1) unit of , plurality of real folios, and mixed system.