WEG Teilungserklärung: Declaration of Division in Germany

German Real Estate Lawyers

WEG Teilungserklärung: Declaration of Division in Germany

German Real Estate Lawyers

The Teilungserklärung (declaration of division) is regulated under § 8 Condominium Act (WEG). Under this legislation, the Teilungserklärung is is a declaration by the property owner that the ownership of the property is divided into co-ownership shares. This declaration is made to the land registry. It refers to the ownership of individual apartments and/or rooms not used for residential purposes.

Provisions within the Teilungserklärung can lead to significant legal difficulties, and should that occur, the lawyers at Schlun & Elseven Rechtsanwälte are ready to advise you. Please, do not hesitate to contact us directly for further legal assistance.

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Analysing the Teilungserklärung (Declaration of Division)

Apartment buyers cannot underestimate the importance of the Teilungserklärung. It is a document that is often not carefully examined and is usually signed by parties who are not fully aware of its contents. However, because the Teilungserklärung is a notarized legal document, it has significant legal value and can lead to conflicts further down the line – even years and decades later. The declaration of division establishes the ownership of the apartment and concerns itself with common property in the complex, including special rights of use for parking spaces.

In detail, the declaration of division contains the following:

  • Partition Plan: allocates each partitioned area. It is a construction drawing (scale 1:100) that precisely shows the residential units of a building. In addition, the partition plan clarifies special and common property in the respective building.
  • Certificate of Completeness: It certifies that the condominiums and the partial ownership are structurally sufficiently closed off from the other apartments and premises.
  • Community Regulations: These define the rights and obligations of each condominium owner concerning the residential community. It can place restrictions on use, allocate the costs among co-owners within the property, and define who pays renovation costs. It also determines voting rights.

Our WEG lawyers will advise you about the Teilungserklärung and common pitfalls before signing it. Issues relating to common property and how it is defined under the agreement can lead to unexpected difficulties later. Similarly, carefully examining the community regulations in advance of signing can be crucial to how you enjoy your property.

By working with our team, you will know precisely what you are signing with the Teilungserklärung, how the property is divided and what actions you can take with your property. As experienced WEG lawyers, our team will highlight any points of contention and advise you regarding how best to counteract potentially unfair practices.

Drafting the Teilungserklärung (Declaration of Division)

If you are a residential property owner or co-owner, a Teilungserklärung is required before you can rent out apartments in the complex. It is essential for the document to be prepared correctly from the beginning as significant changes rarely occur in practice. Significant alterations to the Teilungserklärung require the permission of all the owners. Should your declaration of division be unsatisfactory, it can act as a deterrent to future purchasers. In turn, this can impact its market value.

At Schlun & Elseven Rechtsanwälte, our WEG law specialists are ready to advise clients regarding drafting the declaration of division. These are complex legal documents and should be given expert attention. Our team will ensure that it is fully legally compliant and that it is suited to its purpose.

Legal Disputes involving the Declaration of Division (die Teilungserklärung)

Disputes involving the Teilungserklärung can have significant consequences and may greatly delay a property owner from selling their property, making adjustments to it and other consequences. In such circumstances, consulting with experienced WEG lawyers can be advisable. At Schlun & Elseven Rechtsanwälte, our team will thoroughly assess your case and provide you with legal solutions. Out-of-court settlementsand negotiations can often lead to suitable solutions, as court litigation can be difficult when it is against your neighbours. Our team will support you in essential discussions, such as in the WEG meeting.

We provide extensive services in disputes and advise on matters ranging from Wohngeld (housing costs) and voting rights to impermissible structural alterations and use and injunctive relief.

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