Recht & Steuern

What is a declaration of division?

Last updated: 2. June 2020 | Reading time: 1 minute

The declaration of division is governed by Section 8 of the Condominium Act (WEG). The declaration of division can be described as the ‘articles of association’ or ‘constitution’ of a divided property, as it sets out all the essential rights and obligations of the co-owners.

The original owner of a plot of land may divide a building into co-ownership shares in the plot, so that each share is linked to the separate ownership of a specific flat or of premises not used for residential purposes.

Furthermore, the regulations specify which parts of the building are subject to separate ownership and which are to be used as common property. In addition, rights of exclusive use (e.g. of garden areas) may be allocated to specific units, and a set of house rules may be adopted. The declaration of division must be notarised. Before the land register entries are created, the building’s division plan must be examined by the competent approving authority (Section 7 of the German Condominium Act (WEG)) and the building’s self-contained nature must be confirmed.

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