Bundesportal | Apply for certificate of seclusion according to the Condominium Act

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Publisher

Hesse

Last update or date of publication

March 31, 2023

Contact

The government service telephone number 115 – your point of contact for questions related to the federal, state and local.

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If you establish separate ownership of an apartment or of rooms not used for residential purposes (e.g., commercial) or of a parking space, you will need a certificate of seclusion. You also need this if you want to assert the right to permanently occupy a certain apartment in the building (permanent right of residence).

The certificate of seclusion proves that

a dwelling is sufficiently separated from other dwellings or rooms by construction, or
rooms not used for residential purposes (partial ownership) are closed off from other rooms.

Special ownership can also be established for parking spaces and parts of the property outside the building, such as terraces or garden areas. The separate ownership must be clearly defined by dimension specifications in the construction drawing / partition plan.

The certificate of seclusion is issued by the responsible building authority after checking your documents.

Application for a certificate of seclusion,
construction drawing / partition plan (site plan, floor plans, sections and views),
- In the case of a written application, the construction drawing / partition plan must be enclosed in duplicate, legible and to scale and must not exceed DIN A3 format.
- In the case of electronic application, the construction drawing / partition plan must be submitted as an electronic document printable in A3 format.
- The construction drawing / partition plan must be an as-built drawing for existing buildings.
Proof of ownership (current excerpt from the land register, purchase contract if applicable, current excerpt from the commercial register if applicable),
current excerpt from the official real estate map

Forms/ online services available: No
Written form required: depends on state law
Informal application possible: Yes
Personal appearance required: No

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Preconditions

You must prove that you are either the owner or heritable building right holder of the apartments for which a certificate of seclusion is requested. Alternatively, you must provide credible evidence of your legitimate interest (e.g., purchaser).
Condominiums are deemed to be self-contained if
- it is structurally separated from other apartments or rooms, for example by walls and ceilings, and
- has its own lockable access directly from the outside, from a staircase or an anteroom; the access may not lead via another separate property or via a neighboring property without real security.
A self-contained apartment or self-contained rooms not used for residential purposes may include additional lockable rooms outside the respective enclosure (for example, storage rooms in the basement).
Parking spaces as well as parts of the property outside the building (such as terraces and garden areas), on which separate ownership is also to be established, must be clearly defined by dimension specifications in the construction drawing / partition plan.

Basis for legal action

Allgemeine Verwaltungsvorschrift für die Ausstellung von Bescheinigungen nach dem Wohnungseigentumsgesetz (AVA)

§ 32 Absatz 1, Absatz 2 Satz 2 Nummer 2 Wohnungseigentumsgesetz (WEG)

§ 7 Absatz 4 Satz 1 Nummer 2 Wohnungseigentumsgesetz (WEG)

Legal Remedies

administrative court action (the certificate of seclusion is not an administrative act)

Procedure

You fill out the application and submit it to the relevant building authority together with the required documents.
The building authority will check your application and the documents.
If all requirements are met, the building authority will issue you a certificate of seclusion together with a copy of the construction drawing / partition plan.

Deadlines

none

Processing time

not specified

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