A special use right (Sondernutzungsrecht) gives a condominium owner the exclusive right to use a specific part of the common property \u2013 such as a garden, a parking space, a terrace, or an attic.\r\n<\/p>\r\n
\r\n\tThe community of owners remains the owner of the area; this fundamentally distinguishes the special use right from separate property (Sondereigentum). It is established by agreement, in practice almost always within the declaration of division (Teilungserkl\u00e4rung) or the community rules (Gemeinschaftsordnung). \r\n<\/p>\r\n
\r\n\tIn relation to buyers and other legal successors, it is only effective if it is registered in the land register (Grundbuch). Anyone purchasing a condominium with a garden or parking space should therefore check before the notary appointment whether the special use right is truly secured in rem, what obligations (maintenance, care, costs) are attached to it, and what structural changes are legally permitted on the area.\r\n<\/p>\r\n\r\n \r\n\t\tWhat does a special use right actually mean? According to the standard definition, a special use right is the right of a condominium owner to solely use a specific area or space of the common property \u2013 while simultaneously excluding all other owners from its use. It is therefore common property subject to a special use right: legally, the area continues to belong to all co-owners jointly, but only the authorized owner is permitted to use it.\r\n\t<\/p>\r\n\t \r\n\t\tThe German Condominium Act (WEG) does not explicitly mention the special use right. It is derived from the owners’ freedom of agreement, which is currently regulated in \u00a7 10 WEG<\/a>. \r\n\t<\/p>\r\n\t \r\n\t\tPrior to the 2020 WEG reform, \u00a7 15 WEG was frequently cited as the legal basis (“\u00a7 15 WEG Sondernutzungsrecht”); this provision on the use of common property was redrafted by the Condominium Modernization Act (WEMoG). In the new WEG, use is now primarily regulated in \u00a7 16, while structural alterations are governed by \u00a7 20 WEG<\/a>. Anyone who still finds references to “\u00a7 15 WEG” in an older declaration of division must therefore “translate” these into the law applicable since December 1, 2020.\r\n\t<\/p>\r\n\t \r\n\t\tTypical subjects of a special use right are:\r\n\t<\/p>\r\n\t \r\n\t\tCrucial for understanding: A special use right is not “minor ownership.” The authorized owner can use the area and \u2013 depending on the specific arrangement \u2013 also rent it out, but they cannot sell it separately, encumber it, or make unauthorized structural changes. All fundamental decisions concerning the substance of the property remain the responsibility of the community of owners.\r\n\t<\/p>\r\n<\/section>\r\n\r\n \r\n\t\tThe difference between separate property (Sondereigentum) and a special use right (Sondernutzungsrecht) is the most important distinction in practice \u2013 it determines the power of disposal, cost allocation, and financial value. Separate property is genuine sole ownership of enclosed spaces (typically the apartment itself) according to \u00a7 3 WEG<\/a>. In contrast, a special use right is merely an exclusive right of use over someone else’s property, namely the common property.\r\n\t<\/p>\r\n\tWhat is a Special Use Right? Definition and Classification<\/h2>\r\n\t
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Difference Between Separate Property and Special Use Right<\/h2>\r\n\t