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WHAT IS SEPARATE PROPERTY?
Separate property (Sondereigentum) is a term from the German Condominium Act. According to the law, condominium ownership consists of separate ownership of an apartment and a co-ownership share in the common property (so-called fractional ownership).
WHAT IS SEPARATE PROPERTY?
Separate property only concerns certain parts and facilities of an apartment building. Apartments and other rooms, such as cellar and storage rooms, belong to the separate property if they are self-contained and declared as separate property. Separate property belongs to a single owner. In this context the division plan and the declaration of division are very important, as these two documents show exactly where common property ends and separate property begins.
The components of the separate property can be changed, removed or added without affecting the common property or the separate property of other owners. The external appearance of the building must not be changed. In practice this means, for example, that non-load-bearing walls within the apartment declared as separate property, plaster on the walls, built-in wardrobes, floor coverings and wall panelling can be changed without the consent of the community of owners.
With windows, the interior paintwork of apartment windows belongs to the separate property, while the frames, glazing and outer sides of the same windows belong to the common property. This is the case at least for most condominiums. Different rules are possible and can be found in the declaration of division.
WHAT MUST BE OBSERVED WITH STRUCTURAL CHANGES TO SEPARATE PROPERTY?
Structural changes in the area of the separate property can affect components of the common property – for example, if the owner wants to make an opening in a load-bearing wall. This change requires the consent of the community of owners. The community can delegate the granting of consent to the property manager and combine it, for example, with certain conditions, such as:
- The owner proves that the planned changes have been planned properly and professionally.
- A building permit for the work has been obtained or is not required.
- The co-owners are informed in writing in good time of the start of the work.
- The consent of the community of owners should only be refused for good reason.