What is a declaration of division?
The declaration of division is regulated in § 8 of the Condominium Act (WEG). The declaration of division can be described as the "statutes" or "basic law" of a divided property, as all the essential rights and obligations of the co-owners are established here.
The original owner of a plot of land can divide a building into co-ownership shares in the plot of land, so that each share is associated with special ownership of a specific apartment or of rooms not used for residential purposes.
Furthermore, it is regulated which parts of the building are in special ownership or are used as common property. Furthermore, special rights of use (e.g. to garden areas) can be assigned to certain units and community rules can be issued. The declaration of division must be certified by a notary. In the process, the partition plan of the building must be checked by the responsible approval authority (§ 7 WEG) and the seclusion confirmed before the land register pages are formed.