Division into apartment rights

An apartment right is created by dividing a building into smaller areas for use. Legally this is known as dividing into apartment rights. The civil-law notary draws up a so-called deed of division, to which a drawing is attached. That floor plan shows the borders between the apartments and between the apartments and the common areas. All apartment owners jointly own the entire building. Each resident can therefore as co-owner use all common areas. This can be a courtyard, a roof terrace, a stairwell or a hallway. Apartment rights can have different shapes and forms. It can also mean a holiday house park or a large complex with shops and apartments. The division drawing and the deed of division are jointly registered in the Land Registry Office. Anyone can request and inspect these documents. These documents can show, for example, who is the actual owner in case of misunderstandings.

One of the most important parts of the deed of division are the property division regulations. These contain the code of conduct for owners and residents. There are conditions for use for the common areas, such as halls, stairs, the hallway,  the courtyard and surrounding gardens. Also included is the mandatory financial contribution in the joint maintenance costs and costs of use, and the technical installations such as elevators, central antenna systems and foundations. Generally speaking, all apartment owners have to contribute to the joint costs. After all, you jointly own the whole building. That means that a penthouse owner contributes to the maintenance of the sewage system, and the owner of the downstairs apartment contributes to the roof maintenance.