Together, all condominium owners of a property form a community of owners. General decisions are in the interest of all owners and are usually taken jointly at an owner’s meeting. These are then supported by the owner’s community’s property management.
The communal property includes all parts that do not belong to the individual ownership property (the apartment itself). This usually includes gardens, laundry and boiler rooms. In addition, there is the compelling communal property. These parts include, for example, circulation areas such as staircases, elevators, supporting walls, roof and the façade. The buyer receives the right to use the communal property by purchasing the apartment.
The co-ownership share is the buyer’s share in the communal property (e.g. land, staircase etc.) This is specified in the declaration of division.
The right of separate use grants a person to use areas and spaces which are part of communal property. This right is regulated in the declaration of division.
In principle, everything that is not a part of the communal property is considered property of individual ownership. It includes any condominium owned solely by the owner. Basement rooms can also be part of individual ownership if they are physically separated. The owner may use the property at his/her discretion, provided this does not violate the law or the rights of third parties.
Partial ownership is property that is not for residential purposes. It is part of individual ownership property and usually includes basement rooms, parking spaces or gardens. Its use is predetermined by law, and, therefore, cannot be used for residential purposes, meaning commercial use is possible for partial ownership property.
With the transfer of benefits/encumbrances, the property is economically transferred to the buyer. From this point on, the buyer may take possession of the apartment and is entitled to all income – e.g. rental income. Likewise, however, he must also bear all costs – e.g. property taxes, waste and sewage charges.
A notary can create a sub-account to which the purchase price is transferred. This prevents a mix-up with other amounts, leads to clear and legally secure transaction of the purchase and secures the transfer of ownership to the buyer.
In areas protected by conservation regulations, the conversion of rented apartments into condominiums is subject to approval in accordance to the German Conversion Prohibition Ordinance (German: Umwandlungverbotsgesetz) and is only permissible under certain circumstances. A permit is also required for the dismantling, modification or alterations made to the use of the properties. Should the measures affect the protective purpose of the conservation regulations, the measures are denied.
Listed buildings in the sense of the law on the protection of the ancient monuments in Berlin (German: Denkmalschutzgesetz Berlin (DSchG Bln), are architectural monuments, monument areas, garden monuments and ground monuments. The monuments are listed in a public register.
The task of monument protection lies in the preservation of important testimonies of the building culture, while taking into account its historical characteristics. The monument protection authority endeavours to convey the monument idea to the owners of listed buildings within the framework of economic reasonableness. On the basis of necessary applications, it issues the permits required under monument law, and performs regulatory tasks under monument protection law.
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