Appartementsrecht
Condominium Law
The apartment right constitutes the exclusive right of ownership in a separate apartment unit within a building that has been divided into multiple units, frequently combined with membership of the Owners’ Association (VvE).
The apartment right, as regulated in Book 5, Title 9 of the Civil Code, entitles the owner to a specific part of a building, such as a dwelling or office premises, while the common parts are managed jointly.
This right is significant in that it forms the legal basis for the ownership and management of apartment complexes and prevents disputes over maintenance and use through the deed of division and the by-laws of the owners’ association.
In practice, the apartment right is frequently established in connection with new construction or conversion, whereby the notary executes the deed of division and records the rights and obligations of the owners.
“The purchaser acquired the apartment right in the dwelling on the second floor, including its share in the common areas.”
Related terms
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