Rights and obligations of condominium owners - a look at the declaration of division protects against surprises

When you buy a condominium, you not only acquire the individual apartment in an apartment building, but also the land - together with the rest of the condominium owners' association. Before buying, interested parties should consult the declaration of division to find out about the areas that belong only to them, the common property and special rights of use.

If a parking space is also to be purchased, this must be expressly noted in the land register or in the declaration of division or explicitly mentioned in the purchase contract via a separate land register designation (partial ownership land register). In addition, the new owners require the consent of the owners' association for some conversion measures or commercial use. There are also monthly costs for the management and maintenance of the entire property.

Check the declaration of division before buying

Buyers should always consult the declaration of division and the partition plan with the floor plan of the apartment and the certificate of separate ownership in advance. Among other things, the declaration of division includes details of the separate property, which only belongs to the respective owner, and the common property. The community rules, which are also included, provide information on the rights and obligations of the individual owners. Sometimes an apartment is assigned special usage rights, for example for the garden. This is not always shown in the land register and can then be found in the declaration of division. It also proves that the property has been divided into co-ownership shares and is therefore the prerequisite for condominium ownership.

Parking space is not automatically included in the sale

Each apartment and all parking spaces, if available, are assigned a number in the declaration of division. The apartment, cellar and parking space that you have viewed must be listed here with the same number that appears in the land register. Otherwise it is a different apartment. It is particularly important to check whether a parking space or garage has its own land register designation. New owners often assume that these parking spaces are automatically included in the sale. However, it may be that partial ownership has been created for this purpose and that it has its own land register designation. If the land register designation is not explicitly mentioned in the purchase contract, the parking space or garage remains the property of the seller.

Owners are bound by community rules

Anyone who buys a condominium also becomes a member of the condominium owners' association and is automatically bound by its rules. These rights and obligations can be found in the community rules and supplement the statutory regulations. Among other things, they regulate voting rights at the owners' meeting, the implementation of renovation and conversion measures and the distribution of costs. A change of use, for example if the apartment is to be used for a business, may also require the consent of the community of owners.

Avoid cost traps

As apartment owners also acquire a share in the common property, house fees and maintenance reserves must be paid every month. Buyers should check whether all previous house fees have been paid, how high the reserve is and what proportion is attributable to their desired apartment. The seller should state whether the community of owners is planning modernization and renovation measures that will lead to a special allocation. In some cases, it is noted in the land register that the sale of the condominium requires the consent of the administrator. As a rule, this consent must be granted and is obtained by the notary.

If you would like advice on this topic from a notary in advance, you can find it on the Internet at

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