When you buy a condominium, you acquire not only individual ownership of the flat itself, but also a co-ownership share in the land upon which the building is built. Certain areas are owned in common by all flat owners, though: the roof, load-bearing walls and stairwell as well as the basement boiler, laundry and bicycle storage rooms. The exact boundaries between individually and commonly owned property are laid out in the German Condominium Act (WEG) and the notarial deed of partition. However, some condominium owners may receive special usage rights, too. These rights give them sole and exclusive use of certain commonly owned areas (e.g. a garden plot or parking space).
Interaction between condominium owners, including management of the entire property and cost allocations, are defined in the WEG and the condominium rules. The rules are generally laid out in a notarial deed that also includes the deed of partition.
For this reason, prospective condominium buyers should always obtain a copy of the deed of partition and condominium rules before signing the contract. They should also ask about past resolutions of the condominium owners’ association. They apply to new owners as well. This is particularly important when the condominium owners’ association has passed resolutions to levy special assessments for upcoming renovations or similar work.
If a building has not been partitioned, we will help you draw up the deed of partition and condominium rules and ensure the partition is recorded in the land registry.
For further details
- Condominium purchase glossary (download - German version only)
- Home purchase glossary (download - German version only)