Contact Ralph
Special ownership and right of special use: What is special ownership?
Special ownership describes the ownership of a condominium, a room or an area in a property. As a condominium owner, you have the right to make changes, regulate the use and carry out structural changes that do not affect the common property or the property of others. Examples of separate property:
- Converted space and open areas: In principle, only a converted room is separate property. Since the 2020 WEG reform, this also applies to (adjoining) open spaces, provided these are precisely marked on the partition plan ("annexe ownership").
- Interior fittings and fixtures: Special property also includes ceiling and wall coverings, interior plaster, interior paint, wallpaper, floor coverings and interior doors, the non-load-bearing partition walls, built-in wall cupboards, bathroom and washing facilities as well as inward-facing window sills and cornices.
- Radiators and supply lines: Radiators in the rooms, connection pipes and thermostatic valves are also part of the separate property. Supply lines and installations for water, gas, electricity, etc. are separately owned from the moment they enter the separately owned premises, with the exception of the main supply lines.
- Car parking spaces: Car parking spaces in the collective garage, in the double parking garage or outside are separate property.
- Stairs: Staircases in the interior of maisonette apartments are also separate property if they have no structural influence on the building.
- Balconies and windows: Special property includes interior plaster and paint on balconies, loggias and roof terraces as well as the balcony covering, i.e. any tiling.
Special ownership and right of special use: What is a right of special use?
How is the right of special use established? The right of special use gives condominium owners the right to use a certain part of the common property alone, without other condominium owners being able to access it. It is usually intended for open spaces, parking spaces, garden terraces and cellar rooms.
A right of special use can only be established by agreement. This can be recorded in the declaration of division or community regulations. The law does not expressly regulate the right of special use, but it is mentioned in Section 5 (4) in connection with the need for the consent of the mortgagee when the right is established.
Examples of the right of special use
Typical applications for the right of special use are the rights to use parking spaces, garden terraces and cellar rooms. However, the use must always be coordinated with the special right of use of other owners.
Problems can arise if the right of special use is exercised too extensively and collides with the rights of use of other owners.
For example, the construction of a large tool shed in the garden or the parking of a large mobile home on a standard car parking space may not be permitted if it interferes with the proper use of other owners. In addition, it is not permitted to convert a specially used attic space for residential purposes if this is not provided for in the community regulations.
In principle, it is important here that the boundaries of the right of special use and special ownership are always assessed in accordance with the rights and obligations of the owners.
Contact us for a free quote
The difference between special rights of use and special property as well as common property using examples
In a community of owners, it is not uncommon for misunderstandings to arise regarding the distinction between special ownership and special usage rights in condominiums. However, the distinction is very important for the assumption of costs for maintenance and repair work, either by the special owner concerned or by the community of owners.
To clarify any questions, your property management company should refer to previously passed resolutions and the declaration of division with community regulations and partition plan. In cases of doubt, it is assumed that the property belongs to the community property, as this includes everything that is not separate property.
Restrictions on parking spaces
The allocation of outdoor parking spaces in the communal area is carried out exclusively by the respective special right of use to the respective owner(s) and is mandatory common property. The status of parking spaces in underground garages depends on their design and can be classified either as separate property or as common property in conjunction with a special right of use. According to the old version of the German Condominium Act, garage parking spaces in collective or underground garages are exempt from the requirement of seclusion and may be eligible for special ownership if they are provided with permanent markings and other delimiting devices.
A simple coat of paint is not sufficient. The legislator was thinking of a durable, white plastic compound or even embedded stones or metal signs that provide lasting clarity and visibility of ownership. In addition, the garage must be equipped with a gate or barrier to prevent unrestricted access to the individual parking spaces. For this reason, it often makes sense to assume that underground garages are jointly owned, whereby the individual parking spaces are assigned a corresponding right of special use.
Parking spaces in two-storey or duplex garages with lifting platforms are not separate property, as the space under and above the lifting platform is variable and cannot be demarcated. However, there is separate ownership of the double-decker garage, which is enclosed. The lifting platform itself is common property, except for the one that only operates a "box". The Condominium Act generally permits special ownership of parking spaces in garages and open spaces, whereby the dimensions are relevant.
Delimitation problems with windows
The window construction in a condominium is assigned to the common property. This view is based on the fact that windows are a key element of the building façade and also perform insulation and damping functions. In addition, modern window constructions in buildings no longer allow for a separation of internal and external panes.
However, older declarations of partition and community regulations often contain provisions that declare windows as separate property. However, these are void and are instead reinterpreted as cost allocation regulations. It is possible, however, to specify cost allocations for the maintenance and repair of windows in the community rules. The manager is obliged to carry out regular renovation measures as part of his monitoring and maintenance duties.
The difference between balconies, loggias and terraces
The distinction between special rights of use and separate property as well as common property is also not always clear in the case of balconies, loggias and terraces. The load-bearing structural components such as the floor slab, balcony parapet, railing construction and insulating layers are always part of the common area, i.e. common property. The balcony interior, tiling, interior plaster and paintwork, on the other hand, are separate property.
The screed or the mortar bed of the tiles are almost always community property, unless they have sound-absorbing and insulating properties. In the case of terraces, the uppermost walk-on layer is condominium property, while the underlying levels for moisture and heat insulation are mandatory community property. A ground-level terrace without a side boundary is entirely community property, including the adjoining garden area. With the 2020 reform, terraces and gardens can be allocated to separate property as annexe property (see section 3 (2) new version).
The change to Ralph is uncomplicated.
Do you already know Ralph?
Experience property management in a whole new way: transparent, efficient and unbeatably affordable. With our innovative model, you have a complete overview of your condominium at all times and can reach us around the clock via WhatsApp. Get your free quote now and make your COA fit for the future.
