{"id":11959,"date":"2026-06-26T15:50:32","date_gmt":"2026-06-26T13:50:32","guid":{"rendered":"https:\/\/meine-renditeimmobilie.de\/?p=11959"},"modified":"2026-06-26T15:50:32","modified_gmt":"2026-06-26T13:50:32","slug":"the-declaration-of-division-the-foundation-of-every-freehold-apartment","status":"publish","type":"post","link":"https:\/\/meine-renditeimmobilie.de\/en\/the-declaration-of-division-the-foundation-of-every-freehold-apartment\/","title":{"rendered":"The Declaration of Division: The Foundation of Every Freehold Apartment"},"content":{"rendered":"<p style=\"font-weight: bold\">\r\n\tThe declaration of division is the central document that turns a building into legally independent freehold apartments. Anyone buying an apartment in a multi-family house will inevitably encounter it \u2013 and should be familiar with it before the notary certifies the purchase contract.\r\n<\/p>\r\n\r\n\r\n<section>\r\n\t<h2>What is a declaration of division?<\/h2>\r\n\r\n\t<p>\r\n\t\tThe declaration of division is the legal basis by which an owner divides a plot of land together with its building into individual freehold apartments. It is governed by <a href=\"https:\/\/www.gesetze-im-internet.de\/woeigg\/__8.html\" rel=\"nofollow\" target=\"_blank\">Section 8 of the German Condominium Act (WEG)<\/a>. \r\n\t<\/p>\r\n\t<p>\r\n\t\tOnly through this declaration submitted to the land registry does a single property become so-called condominium ownership \u2013 that is, mutually independent units that can be sold, mortgaged and bequeathed individually.\r\n\t<\/p>\r\n\t<p>\r\n\t\tIt specifies which parts of the building belong to an individual owner alone (separate property) and which belong to everyone jointly (common property). It also determines the proportional share each apartment holds in the overall property. \r\n\t<\/p>\r\n\t<p>\r\n\t\tWithout a registered declaration of division there is no condominium ownership \u2013 a freehold apartment in the legal sense simply cannot exist without this document.\r\n\t<\/p>\r\n\r\n\t<h3>Declaration of division and division under Section 3 WEG<\/h3>\r\n\t<p>\r\n\t\tIn addition to the unilateral declaration by a sole owner under Section 8 WEG, there is a second route: if a plot of land already belongs to several people, they can divide the ownership by contract (Section 3 WEG). \r\n\t<\/p>\r\n\t<p>\r\n\t\tIn practice \u2013 for example with a property developer who builds a new multi-family house and sells the apartments individually \u2013 the declaration of division under Section 8 WEG is the standard case.\r\n\t<\/p>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>Separate property, common property and special right of use<\/h2>\r\n\r\n\t<p>\r\n\t\tThe core of every declaration of division is the distinction between what belongs to an owner alone and what the community of owners bears jointly. This distinction determines who pays for a repair and who decides on structural changes.\r\n\t<\/p>\r\n\r\n\t<h3>What belongs to separate property<\/h3>\r\n\t<p>\r\n\t\tSeparate property typically comprises the enclosed rooms of the apartment itself as well as certain components belonging to it. What exactly is included should be defined as clearly as possible in the declaration of division.\r\n\t<\/p>\r\n\r\n\t<ul>\r\n\t\t<li>The living spaces inside the apartment door, including non-load-bearing interior walls<\/li>\r\n\t\t<li>Floor coverings, interior plaster and wall cladding<\/li>\r\n\t\t<li>Sanitary fixtures and the interior side of apartment entrance doors<\/li>\r\n\t\t<li>Often: an assigned cellar room or a garage<\/li>\r\n\t<\/ul>\r\n\r\n\t<h3>What remains common property<\/h3>\r\n\t<p>\r\n\t\tEverything that is necessary for the stability and safety of the building remains mandatorily common property \u2013 regardless of what the declaration of division provides. This includes load-bearing walls, the roof, the stairwell, the fa\u00e7ade and central supply lines.\r\n\t<\/p>\r\n\t<p>\r\n\t\tDisputes frequently arise particularly with components on the boundary between inside and outside. Windows, balconies and roller shutters are classic examples: the windows of an apartment are generally common property, even if only one owner looks through them. \r\n\t<\/p>\r\n\t<p>\r\n\t\tAnyone wishing to replace a roller shutter or a window should therefore first consult the declaration of division \u2013 and, when in doubt, ask the property management. The balcony, in turn, is often a hybrid form: the floor slab belongs to the building structure (community), while the inner side and the floor covering can be separate property.\r\n\t<\/p>\r\n\r\n\t<div class=\"mri-table-overflow\">\r\n\t\t<table>\r\n\t\t\t<thead>\r\n\t\t\t\t<tr>\r\n\t\t\t\t\t<th>Building component<\/th>\r\n\t\t\t\t\t<th>Generally assigned to<\/th>\r\n\t\t\t\t<\/tr>\r\n\t\t\t<\/thead>\r\n\t\t\t<tbody>\r\n\t\t\t\t<tr><td>Interior rooms of the apartment<\/td><td>Separate property<\/td><\/tr>\r\n\t\t\t\t<tr><td>Load-bearing walls, ceilings, roof<\/td><td>Common property<\/td><\/tr>\r\n\t\t\t\t<tr><td>Windows (frame and glass)<\/td><td>Common property<\/td><\/tr>\r\n\t\t\t\t<tr><td>Roller shutters<\/td><td>often common property<\/td><\/tr>\r\n\t\t\t\t<tr><td>Balcony<\/td><td>Hybrid form (structure communal, covering often separate property)<\/td><\/tr>\r\n\t\t\t\t<tr><td>Apartment door<\/td><td>Outer side communal, inner side separate property<\/td><\/tr>\r\n\t\t\t\t<tr><td>Garden, parking space, garage<\/td><td>often via special right of use<\/td><\/tr>\r\n\t\t\t<\/tbody>\r\n\t\t<\/table>\r\n\t<\/div>\r\n\r\n\t<h3>The special right of use<\/h3>\r\n\t<p>\r\n\t\tSome areas cannot be made into genuine separate property but are nevertheless intended to be used by only one owner. This is where the special right of use helps: it grants an individual owner the exclusive right to use an area that legally remains common property. \r\n\t<\/p>\r\n\t<p>\r\n\t\tTypical examples are a garden share, a car parking space or a cellar compartment. Important to know: ownership remains with the community, only the use is exclusively assigned.\r\n\t<\/p>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>Co-ownership shares: thousandths and voting rights<\/h2>\r\n\r\n\t<p>\r\n\t\tEach apartment holds a certain fraction of the common property \u2013 the co-ownership share. The figure is usually given in thousandths (for example &#8220;87\/1,000&#8221;). Among other things, these shares determine how the common burdens and costs are distributed and \u2013 unless the community rules provide otherwise \u2013 the voting rights in the owners&#8217; meeting.\r\n\t<\/p>\r\n\t<p>\r\n\t\tThe co-ownership shares do not have to correspond exactly to the living area, but in practice they are usually based on it. Since they determine money and influence, a careful look is worthwhile before signing a purchase contract.\r\n\t<\/p>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>The community rules: the owners&#8217; &#8220;constitution&#8221;<\/h2>\r\n\r\n\t<p>\r\n\t\tCommunity rules are usually associated with the declaration of division. They are the internal regulations of the community of owners and govern coexistence far beyond the mere division. While the declaration of division in the narrower sense describes the division under property law, the community rules deal with the organisational questions.\r\n\t<\/p>\r\n\r\n\t<ul>\r\n\t\t<li>Distribution of costs and burdens (heating, maintenance, administration)<\/li>\r\n\t\t<li>Voting rights and majority requirements in the meeting<\/li>\r\n\t\t<li>Rules on the use of the apartments (e.g. commercial use)<\/li>\r\n\t\t<li>Appointment and powers of the property management<\/li>\r\n\t\t<li>Often an opening clause that facilitates later changes by resolution<\/li>\r\n\t<\/ul>\r\n\r\n\t<blockquote>\r\n\t\t<p>\r\n\t\t\tThe declaration of division and the community rules apply to every buyer of an apartment \u2013 even if they never signed them themselves. When buying a freehold apartment, one automatically enters into these rules. Reading both documents thoroughly before the purchase is therefore strongly recommended.\r\n\t\t<\/p>\r\n\t<\/blockquote>\r\n\r\n\t<h3>The opening clause<\/h3>\r\n\t<p>\r\n\t\tIn principle, many contents of the declaration of division can only be changed with the consent of all owners. An opening clause breaks through this principle: it allows certain points to be changed by resolution with a defined majority, instead of requiring unanimity. \r\n\t<\/p>\r\n\t<p>\r\n\t\tWhether and to what extent such a clause exists is decisive for how flexible the community will be in the future.\r\n\t<\/p>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>The division plan and the certificate of self-containment<\/h2>\r\n\r\n\t<p>\r\n\t\tThe declaration of division comes with two technical annexes without which the land registry will not act: the division plan and the <a href=\"https:\/\/meine-renditeimmobilie.de\/en\/certificate-of-self-containment-component-of-the-declaration-of-division\/\" target=\"_blank\">certificate of self-containment<\/a>.\r\n\t<\/p>\r\n\r\n\t<h3>The division plan<\/h3>\r\n\t<p>\r\n\t\tThe division plan is a scaled construction drawing of the entire building, prepared by the architect or building planner. All rooms are marked with a number indicating which apartment they belong to. Only through this numbering does it become clear which area is assigned to which unit. \r\n\t<\/p>\r\n\t<p>\r\n\t\tIn practice it happens that the division plan and the actual physical reality diverge \u2013 for example after a conversion. Such deviations can lead to considerable legal problems, because in case of doubt the plan is decisive, not the as-built condition.\r\n\t<\/p>\r\n\r\n\t<h3>The certificate of self-containment<\/h3>\r\n\t<p>\r\n\t\tThe certificate of self-containment confirms that the individual apartments are structurally self-contained \u2013 that is, they have their own lockable access and are separated from other units. It is issued by the building authority and is a prerequisite for the land registry to carry out the division. \r\n\t<\/p>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>What does a declaration of division look like? Structure and example<\/h2>\r\n\r\n\t<p>\r\n\t\tA declaration of division is a notarised document that, depending on the size of the property, can quickly run to several dozen pages. Although there is no legally prescribed form for the wording, the structure in practice follows a recurring pattern.\r\n\t<\/p>\r\n\r\n\t<ol>\r\n\t\t<li>Designation of the plot with the land register data<\/li>\r\n\t\t<li>Declaration of the division under Section 8 WEG<\/li>\r\n\t\t<li>Listing of the individual apartments with their co-ownership shares<\/li>\r\n\t\t<li>Distinction between separate property and common property<\/li>\r\n\t\t<li>Any special rights of use<\/li>\r\n\t\t<li>The community rules as part or annex<\/li>\r\n\t\t<li>Reference to the division plan and the certificate of self-containment<\/li>\r\n\t<\/ol>\r\n\r\n\t<p>\r\n\t\tAnyone looking for a concrete example or a template will find numerous templates as PDFs on the internet. These are suitable for understanding the structure \u2013 but for one&#8217;s own property the document should always be drawn up individually by the notary, since every division is different. There is no universally valid template merely to fill in.\r\n\t<\/p>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>Requesting a declaration of division: where do I get it?<\/h2>\r\n\r\n\t<p>\r\n\t\tA very common question from buyers is: where do I get the declaration of division and who has it? The good news is that the document is deposited in several places and can be obtained well as an owner or prospective buyer.\r\n\t<\/p>\r\n\r\n\t<h3>Where the declaration of division is deposited<\/h3>\r\n\r\n\t<ul>\r\n\t\t<li><strong>Land registry:<\/strong> The declaration of division is deposited at the local court in the land file and referred to in the land register. Anyone who can demonstrate a legitimate interest can inspect it there or request a copy.<\/li>\r\n\t\t<li><strong>Property management:<\/strong> The management of the community of owners regularly holds a copy and provides it to owners on request.<\/li>\r\n\t\t<li><strong>Notary:<\/strong> The certifying notary keeps the deed permanently and can issue certified copies.<\/li>\r\n\t\t<li><strong>Seller or previous owner:<\/strong> When buying an apartment, the seller ideally hands over the documents directly.<\/li>\r\n\t<\/ul>\r\n\r\n\t<h3>Who is entitled to the declaration of division<\/h3>\r\n\t<p>\r\n\t\tOwners are entitled to inspection at any time. Prospective buyers should request the declaration of division from the seller or estate agent before certification \u2013 reputable providers make it available without further ado. If the document has been lost, a new copy can be obtained from the land registry or the notary. General information about the land register can also be found at the <a href=\"https:\/\/www.bundesnotarkammer.de\/\" rel=\"nofollow\" target=\"_blank\">Federal Chamber of Notaries<\/a>.\r\n\t<\/p>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>What does a declaration of division cost?<\/h2>\r\n\r\n\t<p>\r\n\t\tCost is one of the most frequently asked questions \u2013 and the answer is, as so often: it depends. Anyone having a declaration of division newly drawn up pays differently from someone merely requesting a copy.\r\n\t<\/p>\r\n\r\n\t<h3>Costs of drawing up a new declaration of division<\/h3>\r\n\t<p>\r\n\t\tIf an owner or property developer has a property newly divided, notary fees and land registry charges arise above all. Both are based on the <a href=\"https:\/\/www.gesetze-im-internet.de\/gnotkg\/\" rel=\"nofollow\" target=\"_blank\">Court and Notary Costs Act (GNotKG)<\/a> and thus on the value of the property. In addition there are fees for the architect who prepares the division plan, as well as a charge for the certificate of self-containment from the building authority.\r\n\t<\/p>\r\n\r\n\t<div class=\"mri-table-overflow\">\r\n\t\t<table>\r\n\t\t\t<thead>\r\n\t\t\t\t<tr>\r\n\t\t\t\t\t<th>Cost item<\/th>\r\n\t\t\t\t\t<th>Rough order of magnitude<\/th>\r\n\t\t\t\t<\/tr>\r\n\t\t\t<\/thead>\r\n\t\t\t<tbody>\r\n\t\t\t\t<tr><td>Notary (certification)<\/td><td>per GNotKG, depending on property value<\/td><\/tr>\r\n\t\t\t\t<tr><td>Land registry (registration)<\/td><td>per GNotKG, depending on property value<\/td><\/tr>\r\n\t\t\t\t<tr><td>Architect (division plan)<\/td><td>a few hundred to over a thousand euros depending on the property<\/td><\/tr>\r\n\t\t\t\t<tr><td>Certificate of self-containment<\/td><td>municipal fee, varies regionally<\/td><\/tr>\r\n\t\t\t<\/tbody>\r\n\t\t<\/table>\r\n\t<\/div>\r\n\r\n\t<p>\r\n\t\tFor a typical multi-family house, the total costs for the initial division quickly reach the four-figure range. A serious flat-rate figure is hardly possible, because the property value and the number of units vary greatly.\r\n\t<\/p>\r\n\t<p>\r\n\t\tAnyone needing a precise calculation can request a concrete cost estimate from the notary; online calculators for notary fees provide a first reference point.\r\n\t<\/p>\r\n\r\n\t<h3>Costs for a copy<\/h3>\r\n\t<p>\r\n\t\tAnyone who, as an owner, merely requests a copy of the existing declaration of division pays considerably less \u2013 the land registry only charges small fees for copies, and with the property management inspection is often free of charge.\r\n\t<\/p>\r\n\r\n\t<h3>Are the costs tax-deductible?<\/h3>\r\n\t<p>\r\n\t\tWhether the costs of a declaration of division are tax-deductible depends on the individual case \u2013 for example whether the apartment is rented out or owner-occupied. For rented properties, certain costs may qualify as income-related expenses. \r\n\t<\/p>\r\n\t<p>\r\n\t\tSince this very much depends on the individual situation, you should clarify this question with a tax advisor; the following notes do not replace tax advice.\r\n\t<\/p>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>Changing a declaration of division: what is possible and what is not?<\/h2>\r\n\r\n\t<p>\r\n\t\tAn existing declaration of division is not set in stone, but changes are laborious. Frequent occasions are the subsequent addition of a balcony, the conversion of an attic into living space, the redistribution of special rights of use or the correction of deviations between plan and reality.\r\n\t<\/p>\r\n\r\n\t<h3>What majority is needed?<\/h3>\r\n\t<p>\r\n\t\tThis is where the decisive hurdle lies. Whether a change is possible by majority resolution or requires the consent of all owners depends on the content and on the community rules.\r\n\t<\/p>\r\n\r\n\t<ul>\r\n\t\t<li><strong>Unanimity:<\/strong> Interventions in the allocation under property law \u2013 such as the shifting of separate property or co-ownership shares \u2013 generally require the consent of all owners.<\/li>\r\n\t\t<li><strong>Majority resolution:<\/strong> If the community rules contain an opening clause, certain points can be changed with the majority defined there.<\/li>\r\n\t\t<li><strong>Resolution competence under WEG:<\/strong> Since the WEG reform of 2020, many organisational questions can be regulated more easily by majority.<\/li>\r\n\t<\/ul>\r\n\r\n\t<h3>The formal route of a change<\/h3>\r\n\t<p>\r\n\t\tA change to the declaration of division essentially follows the same route as its creation: the amendment must be notarised and subsequently registered in the land register. Without this registration, a mere agreement does not take effect against later buyers. Notary and land registry costs therefore arise again.\r\n\t<\/p>\r\n\r\n\t<blockquote>\r\n\t\t<p>\r\n\t\t\tAnyone wishing to make structural changes \u2013 enlarge a window, add a roller shutter, use the garden differently \u2013 should first check whether the declaration of division is affected. A violation of the defined allocation can lead to demands by the community for restoration.\r\n\t\t<\/p>\r\n\t<\/blockquote>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>Special cases: house, semi-detached house and terraced house<\/h2>\r\n\r\n\t<p>\r\n\t\tA declaration of division occurs not only with classic freehold apartments in a multi-family house. Other forms of housing are also governed through it.\r\n\t<\/p>\r\n\r\n\t<h3>Semi-detached house and terraced house<\/h3>\r\n\t<p>\r\n\t\tIf two houses or several terraced houses are located on a common plot, condominium ownership can also be formed here by declaration of division. Each half of the house then becomes its own unit with separate property, while the plot and, where applicable, shared facilities remain common property. Alternatively, a plot can be physically divided \u2013 then two separate plots arise without a common declaration of division.\r\n\t<\/p>\r\n\r\n\t<h3>Two-family and single-family house<\/h3>\r\n\t<p>\r\n\t\tFor a two-family house whose apartments are to be sold individually, a declaration of division is the usual route. For the classic single-family house with only one residential unit, on the other hand, it is normally not required \u2013 there is nothing to divide.\r\n\t<\/p>\r\n<\/section>\r\n\r\n<section>\r\n\t<h2>Frequently asked questions about the declaration of division<\/h2>\r\n\r\n\t<h3>How long does preparation take?<\/h3>\r\n\t<p>\r\n\t\tThe duration depends on the availability of the architect, the building authority and the land registry. From commissioning to registration in the land register, several weeks to months often pass in practice.\r\n\t<\/p>\r\n\r\n\t<h3>What is the difference between a declaration of division and the land register?<\/h3>\r\n\t<p>\r\n\t\tThe land register is the official record of ownership. The declaration of division is the deed that brings about the division into condominium ownership; on its basis the individual apartment land registers are created in the land register. The two are therefore closely connected but are not the same thing.\r\n\t<\/p>\r\n\r\n\t<h3>Can I find the declaration of division online?<\/h3>\r\n\t<p>\r\n\t\tThe declaration of division of your specific property is not freely available online but lies with the land registry, the notary and the property management. Online you will only find general templates and examples for orientation.\r\n\t<\/p>\r\n\r\n\t<h3>What happens in the case of a community of heirs?<\/h3>\r\n\t<p>\r\n\t\tIf a community of heirs jointly inherits a property, a declaration of division can help to divide the property into individually distributable apartments. This makes it easier to distribute the inheritance among the heirs or to sell it individually.\r\n\t<\/p>\r\n<\/section>\r\n","protected":false},"excerpt":{"rendered":"<p>The declaration of division is the central document that turns a building into legally independent freehold apartments. Anyone buying an [&hellip;]<\/p>\n","protected":false},"author":16,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_locale":"en_US","_original_post":"https:\/\/meine-renditeimmobilie.de\/?p=11953","footnotes":""},"categories":[175],"tags":[],"post_folder":[],"class_list":["post-11959","post","type-post","status-publish","format-standard","hentry","category-property-management","en-US"],"_links":{"self":[{"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/posts\/11959","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/users\/16"}],"replies":[{"embeddable":true,"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/comments?post=11959"}],"version-history":[{"count":1,"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/posts\/11959\/revisions"}],"predecessor-version":[{"id":11962,"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/posts\/11959\/revisions\/11962"}],"wp:attachment":[{"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/media?parent=11959"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/categories?post=11959"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/tags?post=11959"},{"taxonomy":"post_folder","embeddable":true,"href":"https:\/\/meine-renditeimmobilie.de\/wp-json\/wp\/v2\/post_folder?post=11959"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}