Table of contents:

Declaration of division: How to avoid pitfalls
Declaration of division: How to avoid pitfalls

Video: Declaration of division: How to avoid pitfalls

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If a multi-family house is divided into several apartments and these are to be sold individually, the declaration of division comes into effect. It regulates the formal division of the entire property and provides information about the rights and obligations of the new owners. We tell you how to submit a declaration of division, what you need to consider as a buyer and what the legal basis is.

Table of contents Table of contents declaration of division: content and meaning

  • What is a declaration of division?
  • You should know these terms in relation to the declaration of division
  • What does a declaration of division consist of?
  • How can I change the declaration of division?
  • These are the most common problems with the declaration of division
  • How much does a declaration of division cost?
  • Have you lost your declaration of division?
  • Conclusion: Check the declaration of division carefully

Table of contents Table of contents declaration of division: content and meaning

  • What is a declaration of division?
  • You should know these terms in relation to the declaration of division
  • What does a declaration of division consist of?
  • How can I change the declaration of division?
  • These are the most common problems with the declaration of division
  • How much does a declaration of division cost?
  • Have you lost your declaration of division?
  • Conclusion: Check the declaration of division carefully

What is a declaration of division?

The declaration of division regulates the formal division of a building, including all rights and obligations that result from it. It is a legal basis for residential or partial ownership and provides the land registry with precise information about the matters relating to land register law. This one-sided declaration must be made by the property owner. With the obligation to make this declaration, the legislator creates a legal basis for buyers and sellers. In case of doubt, both sides can rely on this.

Does everything sound incredibly complicated in technical jargon? But it is actually not. The principle of the declaration of division can be explained relatively easily using an example: If apartments in an apartment building are to be sold individually, a declaration of division must be submitted to the land registry. This declaration gives the prospective buyer information about his rights and obligations regarding the property.

The declaration of division also serves as a legal basis for the fact that so-called land registers can be created at the land registry for the individual apartments. Both the declaration of division (with all its components) and the individual land registers must be notarized. Once all components and documents have been notarized, the building owner can sell the individual apartments. The division of the building is done before the sale. For the buyer and the community of owners, this in turn means that they have an influence on the division of the building before the purchase.

Tip: If you are planning to buy an apartment, you should look carefully at the declaration of division of the house in advance to avoid the disadvantage of buying an apartment.

You should know these terms in relation to the declaration of division

Hello technical Chinese! Are you dealing with the topic of declaration of division? Then you should definitely know these four terms and know what they mean:

  1. Community property : So-called community property is the term used for those parts of the property that do not belong to the apartment owner alone. These include the stairwell or the roof covering. By the way, load-bearing walls can also count among them.
  2. The special property : The special property is the individual property on the premises of the building. Say: For example the apartment, the garage, the basement, the attic or the parking space.
  3. Apartment ownership: Apartment ownership is the property of the buyer in the individual apartment in the apartment building. In addition to home ownership, the buyer also has shares in joint property.
  4. The special right of use: The right of special use is the right that the buyer has to use shared property, such as a free parking space or a free garden plot.
  5. The restrictions on use and use: In addition to the ownership structure, a declaration of division also regulates whether the apartments may be used for commercial purposes or whether parts of a building such as the attic may be expanded.
Mehrfamilienhaus
Mehrfamilienhaus

In multi-family houses, the declaration of division regulates the property owners' rights of ownership and use.

Photo: iStock / Terroa

What does a declaration of division consist of?

It is particularly important that the declaration of division regulates exactly what is special and what is shared property. This is the only way to see later who is responsible for which part. Especially in the case of renovations or damage, there can be disputes about payment. Because: if it is community property, the entire community has to pay the costs proportionately. If the damage affects the individual property, the respective apartment owner must pay for the costs.

This results in the following components of a declaration of division:

  • The distribution plan : In addition to the division of the building, this plan also lists the location and size of the individual parts. The individual shares of ownership are usually given in thousandths. This means that if an owner owns 8.4 percent of the entire property, this is noted in the plan at 84 / 1, 000th. The number does not stand for the size of the apartment, but for the percentage of ownership in the entire building.
  • The community order: In this order within the declaration of division there are all rights and obligations of the owners. These rights and obligations relate to the relationship between all owners. House rules can also be added to these community rules - but need not. The community order can only be changed retrospectively if the entire community agrees. Here, the buyer should look closely to see if everything fits. The legal basis for the declaration of division is the Residential Property Act (WEG). Since this law is interpreted relatively narrowly, individual opening clauses should be laid down in the community order. Caution: Decisions that deviate from the WEG are not necessarily legally effective and binding. The individual case must be checked here.
  • The certificate of completion: The certificate of completion is an important part of the declaration of division, since it states that the individual apartments can be used independently of each other because they are self-contained.

How can I change the declaration of division?

A change in the declaration of division may be necessary if one of the owners wants to change things in the apartment or the common property. This usually requires not only a majority decision, but often also a notarized change to the declaration of division. Especially when structural changes are made, the declaration of division usually has to be changed. This can happen, for example, if an apartment is divided or two apartments are merged. In this case, the change in the declaration of division must be formally drawn up and notarized. The change must then be submitted to the land registry.

Good to know: In the case of smaller projects, such as when two owners want to exchange their parking spaces or loft compartments with one another, there is no need to change the declaration of division or to have the community vote.

These are the most common problems with the declaration of division

If you want to buy an apartment in an apartment building, you should carefully study and examine the declaration of division. Otherwise, there may be one or the other disadvantage for the owner. We have collected some examples of pitfalls in the declaration of division:

  • Windows: Basically, window and window frames belong to community property. Here, the declaration of division should state that each owner only has to pay for his own window replacement.
  • Refurbishments: According to law, repairs and refurbishments must be paid pro rata by the owner. Changes are also possible here.
  • Animals: In some declarations of division, keeping pets in the rented apartment is noted as prohibited. If you want to pet this part should be checked carefully.
  • Previous owner: From time to time it happens that the declaration of division stipulates that the new owner must pay the previous tenant's housing arrears. Caution is advised here.
  • Business: Are you planning to run a business in your apartment? Then you should read carefully which types of business are allowed in the declaration of division.
Tier in Karton
Tier in Karton

If the declaration of division prohibits the keeping of animals, this applies to every lessor in the community of owners.

Photo: iStock / Lightspruch

How much does a declaration of division cost?

To be effective, the signature of a declaration of division must be certified or even notarized. Depending on that, the costs are between 70 and 140 euros. But: The costs depend on the so-called market value of the property. The higher this value, the higher the costs for the explanation.

Have you lost your declaration of division?

We have all misplaced important documents, lost them or even thrown them away in the heat of the moment. That happens and is not a broken leg. If you have a legitimate interest in the declaration of division, for example, if you want to buy or have already bought an apartment, you can view the document at the land registry and have a copy made against payment. You can also obtain further documents on the property from the building inspectorate.

Conclusion: Check the declaration of division carefully

If you are considering buying an apartment in an apartment building, you should not neglect the declaration of division. Before buying, this should be checked carefully, as this can result in major disadvantages and changes to the explanation are expensive and relatively complex. The declaration of division is also extremely important, since it defines what exactly belongs to your future property and which parts of the building you are entitled to in addition to your apartment. With all these tips, the purchase of a new apartment in an apartment building can go wrong.

Maren Schwarz Foto
Maren Schwarz Foto

Maren Schwarz

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