Declaration of division

What is a declaration of division

The declaration of division records the rights and obligations of the apartment owners as well as the formal division of the building in a legally binding manner. Its contents include: A layout plan in which the location and size of the individual apartments and the layout of the entire building are recorded. The declaration of division is kept at the land registry office. The notarial deed contained in the declaration of division also contains provisions drawn up by the property owner regarding the relationship between the (future) apartment owners.
When selling or renting individual apartments within an apartment building, a declaration of division is required. This also applies if you want to divide your property into several residential units. In both cases, a declaration of division must be submitted to the land registry office.

Why do I need a declaration of division?

If you want to sell an apartment building and divide it into individual residential units, you need a declaration of division. The document is also extremely important for buyers of a condominium, for example when applying for a real estate loan. A declaration of division must contain a so-called division plan. This is a construction drawing of the apartments on a scale of 1:100. This plan shows the layout of the building. In addition, the location and size of separate property and common property can be seen.
When selling or renting individual apartments within an apartment building, a declaration of division is required. This also applies if you want to divide your property into several residential units. In both cases, a declaration of division must be submitted to the land registry office.

How do I get a declaration of division

The declaration of division is certified by a notary and must be submitted to the land registry office. It is the prerequisite for land registers to be created for the individual condominiums. You can only sell the apartments individually with a declaration of division.

Is the declaration of division in the land register?

The declaration of division and the distribution plan contain the ownership division of the residential complex. It specifies which rooms and parts of the building belong to the individual property units. The declaration of division must be entered in the land register.

Does every apartment have a declaration of division?

For each apartment there must be a land register sheet and a declaration of division for the property so that a sale of an apartment is possible. In most cases, each homeowners association has its own house rules.

How much does the declaration of division cost from a notary and who pays for it?

A certified declaration of division costs between 70 and 140 euros. The notary thereby confirms that the property owner signed the declaration of division himself. However, a notarized declaration of division is required for the land registry office. When creating a declaration of division, costs arise that are borne by the client. Whether he then passes it on to the buyer later is a matter of the purchase contract. First of all, there are costs for the notarial certification of a declaration of division.