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- Declaration of division (Teilungserklärung)
WHAT PURPOSE DOES THE DECLARATION OF DIVISION SERVE?
If individual apartments in an apartment building are to be sold, a declaration of division must exist.
FEATURES OF THE DECLARATION OF DIVISION
In the declaration of division, the owner of the plot declares to the land registry that sole ownership of the plot is to be divided into co-ownership shares. Each co-ownership share is linked to separate property in certain rooms or a condominium. Furthermore, the declaration of division must clearly show the boundary between common property and separate property. The division must be precisely described and laid down. The declaration of division must always be notarised.
COMMUNITY REGULATIONS
As a rule, the declaration of division contains community regulations (Gemeinschaftsordnung) governing the relationship between the owners. They set out the rules of use for the separate and common property. The community regulations also contain, for example, information on how charges and costs are distributed, or rules on voting rights at the owners' meeting.
DIVISION PLAN
The declaration of division always refers to a division plan, which contains construction drawings of all parts of the building. The division plan includes the floor plans of all storeys including the cellar level and attic. Plans of the underground car park, the site plan and sections are also included.
All parts of the building that belong to the same condominium must be marked with the same number in the division plan.
CERTIFICATE OF SELF-CONTAINMENT
For condominium ownership to be entered in the land register, a so-called certificate of self-containment must be available. The certificate serves as proof that the apartment and the rooms not used for residential purposes are self-contained.