Create a partial property register
Partial ownership is the property (special property; also called spatial property) in non-residential premises of a building in connection with the co-ownership of the common property (property and the building, insofar as they are not the property of a third party). Non-residential rooms include shops, doctor's offices or cafés. If you want to establish partial ownership, you need to be entered in the land register. For this purpose, partial property registers are created. Before this can be done, however, you must first create the conditions for partial ownership. This can be done in two ways: If you are a co-owner of a property, a notarised division contract of all co-owners in accordance with Section 3 WEG is required for this purpose. In doing so, you agree with all co-owners and grant each other partial ownership by division. Each of you will then receive the property (partial property, special property; also called room property) in non-residential premises in a building already built or to be built on the property. You can make a division according to Section 8 WEG by means of a notarised declaration if you are the sole owner of a property. With the declaration you make to the Land Registry, you divide the property (so-called division declaration). You combine each share with the property (special property; also called room property) in existing or future non-residential premises. You also assign to each share a co-ownership share of the property as a fraction. The registration in the land register is carried out by the creation of the partial property registers by the competent Land Registry. This means that a special land register is created for each unit of space. As a result, a partial ownership unit can be sold, loaded with liens or other rights like any other property. The previous land register for the property will be closed.
written application for registration Registration permit Distribution plan (building drawing signed and stamped by the building authority, showing the division of the building and the location and size of the parts of the building in the special property and the parts of the building owned jointly and in the Community) Certificate of completion (certificate from the competent building authority that the premises in which special property is to be established are self-contained) the certificate of safety of the tax office (for more information, please contact the notary working in your case or .dem notary working in your case) notarised declaration of division or notarised contract for the agreement of all co-owners
In order to establish partial ownership, an application for registration by you or the notary or the notary who certifys must be made. The partial ownership land registers shall be drawn up if all the necessary documents have been submitted in accordance with the form and there are no grounds for refusal.
- Section 1 Housing Ownership Act (WEG)
- Section 7 Housing Ownership Act (WEG)
- Section 29 Land Registry Regulations (GBO)
- Section 19 Land Registry Regulations (GBO)
- Appendix 1 number 14112 to Section 3 paragraph 2 GNotKG
- Section 3 Housing Ownership Act (WEG)
- Section 8 Housing Ownership Act (WEG)
- Section 4 Housing Ownership Act (WEG)
- Section 13 Land Registry Regulations (GBO)
You must apply for registration with the Land Registry. As a rule, the notary or notary who has certified or certified the division agreement or the declaration of division shall arrange the registration. The documents required for registration shall be examined by the competent lawyer at the Land Registry Office. If documents are not available in full or in accordance with the form, the competent lawyer shall be the notary, the notary or Inform you in writing and request the presentation of the missing documents or the documents in a form-appropriate manner (notarized or certified). If all necessary documents are available, the responsible lawyer will create the partial property registers. These special land register sheets are entered - the fraction of co-ownership of the property - the property belonging to the co-ownership share (special property) The registration will be made known to the notary .dem the application and will be notified to you with the registration notice. The invoice of the Land Registry will be sent to you to pay the costs.