The partition plan and its role for the WEG - your questions answered

What is an apportionment plan?

The partition plan is a detailed graphical representation of your property that illustrates the exact layout of all apartments and communal areas. It is comparable to a floor plan, which not only accurately depicts the spatial arrangement but also the ownership structure of each area.

As a condominium owner, the apportionment plan gives you a clear overview of your separate property and the common property, which helps you to manage the property and enforce your rights.

The apportionment plan is also known as the partition plan. It is set out in Section 32 of the German Condominium Act(WEG-Gesetz).

What does the distribution plan look like?

Imagine a 2D drawing in which the different areas of your building are marked in color or with symbols. An accompanying legend explains what each symbol means - e.g. a square could stand for an apartment and a circle for a garage space. Using this illustration, you can see the exact location and size of the different areas, spaces and units.

The allocation plan thus provides you with a detailed graphical overview of, among other things

• Your personal living unit
• Other apartments in the building
• Communal areas
• Special property

The subdivision plan is part of the certificate of completion and is only issued once the building has been fully completed. As a rule, architects or civil engineers are responsible for drawing it up.

What information does the apportionment plan contain?

The following contents are typically included in the distribution plan:

• Property and building data: The subdivision plan begins with an exact location of the property, including the coordinates. The dimensions of the property are also shown in detail.
• Room layout: A graphic representation of the room layout provides an overview of the location and size of the individual residential units, parking spaces and communal areas. Each room is clearly assigned to the owner.
• Ownership shares: The ownership structure is expressed as a percentage. A clear distinction is made here between separate property and common property (e.g. stairwell).
• Owner details: The plan contains a list of all owners with their full names and current addresses.
• Building description (optional): In some cases, there is additional information on the building description, such as the building materials used or special features.

In summary, the partition plan provides a comprehensive overview of the division and ownership structure of a property. It is an indispensable document for anyone involved in real estate, whether as a buyer, seller, owner or property manager.

Why is the distribution plan so important?

The importance of the allocation plan can be seen in several aspects:

• Clarity and transparency: The distribution plan creates clarity about the individual property rights of the condominium owners and defines the boundaries of the common property. This minimizes the risk of misunderstandings and conflicts.
• Orientation: The partition plan is a valuable orientation aid for every owner. It provides a detailed overview of the ownership structure and makes it easier to identify responsibilities within the WEG.
• Administrative assistance: The condominium management uses the plan as a central reference document for many matters relating to the property. This provides the manager with all the important information about the exact size of the apartments, the location of communal areas and the allocation of parking spaces.
• Legal certainty: The apportionment plan is also a legal basis for decisions made by the condominium owners' association. In the event of disputes, conversions or the sale of residential property, the partition plan serves as a binding reference.
• Distribution of costs: The ownership shares specified in the apportionment plan serve as the basis for the distribution of maintenance costs and other common expenses.
• Transparency: The disclosure of the division of the property ensures a high degree of transparency in the community of owners. All owners have the opportunity to find out about their residential property.

Who draws up the distribution plan?

The partition plan is drawn up by experts from the construction industry. Architects or civil engineers who have already been involved in the construction project are usually commissioned to do this, as they have the necessary expertise to draw up the partition plan for the WEG.

In special cases, for example in the event of disputes or legal disputes, court-appointed experts can also be commissioned to draw up an apportionment plan. Their neutral assessments are then decisive for the clarification of facts.

Authorities also play an important role in this process. The building authority is responsible for issuing the necessary registration permit. This confirms that the subdivision plan complies with the applicable building regulations. In some regions, the approval of an expert committee is also required, particularly in the case of residential areas. The committee checks the plan for compliance with local building regulations and the interests of the parties involved.

The creation takes place in several steps

The creation of a partition plan is a process that requires compliance with legal requirements. Not only must the provisions of building law be observed, but also the interests of the parties involved, in particular the owners.

First, the partition plan is drawn up by the experts. The registration permit is then applied for at the building authority. If an inspection by the expert committee is necessary, this is carried out in the next step. After a successful review, the partition plan is finally entered in the land register.

Where can I find the distribution plan?

As the owner, you should have access to the partition plan. There are various ways to access the distribution plan:

• Declaration of partition: The partition plan is usually an integral part of the declaration of partition. This legal document is drawn up when a homeowners' association is established and filed with the relevant land registry.
• Land registry: The declaration of division is publicly accessible. You can request a copy from the land registry. In some cases, the partition plan is even entered directly in the land register.
• Management of the community of owners: The management of the WEG often has a copy of the partition plan. As the owner, you can usually view this without any problems.
• Notary: When buying an apartment, the partition plan is usually provided by the notary. It is part of the notarization of the purchase contract.
• Digital availability: More and more land register extracts and associated documents, such as the partition plan, can be accessed online. Find out about the possibilities in your federal state.

What role does the partition plan play in the sale of a property?

The partition plan is important for both the seller and the buyer of a condominium. It creates transparency and secures legal claims. As a rule, sellers are legally obliged to provide buyers with all documents that are relevant for the assessment of the property. This also includes the partition plan.

Apportionment plan vs. declaration of division: What is the difference?

Imagine your WEG as a large jigsaw puzzle. This puzzle consists of many individual pieces: Your apartment, the common areas such as the stairwell, cellar or garden, etc.. To put this puzzle together correctly, you need two important documents: the partition plan and the declaration of division.

The layout plan is the picture on the box, so to speak. It shows you how the individual pieces of the puzzle fit together. The plan graphically shows exactly where your apartment is located, how big it is and which walls and doors belong to it. You can see at a glance which areas belong to your separate property and which areas you share with the other apartment owners.

The declaration of division is the detailed guide to putting the puzzle together. This document contains all the important legal information that is relevant for living together in a condominium. In addition to the partition plan, it contains detailed descriptions of the individual property shares, the common property and the rights and obligations of the condominium owners.

To put it even more simply:

• The layout plan shows you where your boundaries are. It is your personal floor plan and gives you an overview of the spatial layout of your condominium.
• The declaration of division explains how you must deal with your property. It is the set of rules for living together in the community and defines what rights and obligations you have as a homeowner.

Why are these documents so important for you as the owner?

• Security: Both documents give you legal certainty and protect your interests.
• Transparency: You receive a comprehensive overview of your ownership structure and the rights and obligations of the community.
• Basis for decisions: The partition plan and the declaration of division serve as the basis for important decisions, such as modernization or changes to the community regulations.

Both the partition plan and the declaration of division are indispensable documents for every condominium owner.

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