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Whether replacing windows, adding a balcony or other measures - structural changes in the homeowners' association often raise questions. What is allowed and what is not? How do you reach agreement with your co-owners? This article explains your rights and obligations when making structural changes in the condominium owners' association and helps you to avoid conflicts.
Structural changes in the condominium: What is permitted?
Would you like to improve or modernize your home? Before you get started, you should know which measures are considered structural alterations. The German Condominium Act (Section 20 (1) WEG) makes a clear distinction between structural alterations and normal maintenance.
While repairs and maintenance work serve to preserve the building, structural changes permanently alter the appearance or use of the building. Whether an extension, a conversion or a new color scheme - any measure that goes beyond the mere "maintenance" of a building must be coordinated with the other co-owners.
Structural changes: Examples
The distinction between maintenance and structural alterations in a community of owners is often blurred and can lead to uncertainties in individual cases. While roof repairs or the replacement of defective windows clearly count as maintenance, more extensive measures, such as energy modernization or an extension, constitute a structural change.
Structural alterations can be roughly divided into three categories:
- Energy-related improvements: These include measures such as modernizing heating systems, insulating buildings, replacing windows with more energy-efficient models or installing environmentally friendly heating systems. These measures not only improve the comfort of residents, but also increase the value of the building and reduce operating costs.
- Legally favored measures: The German Condominium Act (Section 20 (2) WEG) stipulates that certain structural changes can be carried out under simplified conditions. These include, in particular, accessibility measures such as the installation of elevators or stair lifts, the installation of charging stations for charging electric vehicles, improvements to burglary protection and connection to modern telecommunications networks such as the fiber optic network.
- Interventions in the fabric of the building: This includes all measures that change the fabric of the property. This includes, for example, the addition of balconies, the breaking through of walls, the installation of awnings or other structural changes that alter the appearance of the building.
This list illustrates the variety of possible structural changes in residential complexes. Please note in particular that every structural change should be carefully planned and coordinated with the other condominium owners in order to avoid conflicts and obtain the approval of the owners' meeting.
The legal framework for structural changes
The legal framework for structural changes in your community of owners is regulated in the German Condominium Act (WEG). If a condominium owner wishes to make a structural change to the common property, he/she must submit his/her proposal to the owners' meeting for a resolution. The consent of the other owners is required.
However, there are legal limits to structural changes. For example, a planned change may not fundamentally reshape the residential complex or unreasonably disadvantage other co-owners. Even if an owners' meeting approves a structural change, such a resolution can be challenged in court.
Structural changes are therefore possible in principle, but are subject to certain conditions. The aim of this legal framework is to ensure a fair balance of interests between the individual wishes of the individual homeowners and the well-being of the entire homeowners' association.
Simplified approval for structural changes since new WEG law
The 2020 WEG reform fundamentally revised the rules for structural changes in the WEG. One of the central aims of this reform was to simplify and speed up the decision-making process.
Before the reform, the consent of all owners was required for structural alterations. This high hurdle made many modernization measures more difficult. The new regulation stipulates that a simple majority of votes is now sufficient for most structural resolutions. This means that the community of owners can react more flexibly to changes.
Despite simplifications, a resolution is still required. Although condominium law has been modernized, an official resolution of the owners' meeting is still required for every structural change. This procedure ensures that the interests of all condominium owners are taken into account.
The decision-making process
The decision-making process generally involves the following steps:
- Submission of the draft resolution: The condominium owner who is planning a structural change submits a corresponding draft resolution to the property management.
- Inclusion in the agenda: The management adds the topic to the agenda of the next owners' meeting.
- Vote: A vote is taken on the draft resolution during the meeting.
- Collection of resolutions: In the event of a positive vote, the resolution is included in the official collection of resolutions of the community.
Find out more about owners' meetings: Everything you need to know about the quorum at owners' meetings.
Special case of privileged measures
The so-called privileged measures are an exception in this respect. These can be carried out by individual homeowners under certain conditions without the consent of the other homeowners. This regulation is intended in particular to strengthen the individual creative will of the condominium owners, for example to individually improve burglary protection.
However, the co-owners not only have a right of veto, but can also be actively involved in the design of the renovation measures. For example, they have the opportunity to set precise specifications for the execution of the work or to decide whether the affected owner carries out the measures themselves or whether the community takes on this task. If the decision is made to have the work carried out by the community, the owner who wishes to make the change must usually make an advance payment.
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Contesting decisions on structural changes - this option exists
Resolutions on structural alterations passed at an owners' meeting are not always irrevocable - they can be challenged under certain circumstances.
An important reason for a challenge exists if the planned structural change results in a significant redesign of the entire common property. This could be, for example, the addition of a large conservatory or the conversion of communal areas.
You could also challenge a resolution if individual homeowners are unreasonably disadvantaged by the measures. This disadvantage can manifest itself in a variety of ways, for example through a significant restriction on the use of their own property or a disproportionate increase in their own costs. Whether such a disadvantage exists is often a complex legal issue that must be clarified by a court in each individual case.
The consequences of a successful challenge
If a resolution is successfully contested or if a structural change is carried out without the required consent, the affected co-owners generally have the right to demand that the measures be reversed. Please note, however, that this right may be time-barred. The limitation period is generally three years and begins at the time when the affected co-owner becomes aware of the change.
Assumption of costs for structural changes
In the case of structural alterations in a condominium, the question arises as to who has to bear the costs incurred. The Condominium Act also regulates this issue and generally stipulates that the costs of structural alterations are borne by the condominium owner who applied for them (Section 21 (1) Condominium Act).
Exceptions and special regulations
However, there are situations in which it is possible to deviate from this principle. Joint assumption of costs is possible, for example, if the change carried out benefits all condominium owners and the costs are proportionate. In order to decide on such joint financing, the consent of more than two thirds of the condominium owners who also hold more than half of the co-ownership shares is generally required.
Even in the case of resolutions that are only passed with a simple majority, you can consider a joint assumption of costs if the investment made is amortized within a reasonable period of time, for example through energy savings or an increase in the value of the property.
These legal regulations aim to ensure a fair distribution of costs and at the same time enable sensible structural changes that benefit the entire condominium. The possibility of joint financing also allows larger condominium projects to be realized that are in the interests of all condominium owners.
Maintenance, modernization, structural changes - terms explained
Now you have read many terms such as remodeling, maintenance, modernization, measures, structural changes, changes to maintain the common property, etc. Finally, let's take another look at all the terms and define them to differentiate them from one another. These can be divided into four main categories:
1. maintenance and repair
These measures serve to keep the property in good working order or to repair damage. These costs are often covered from the maintenance reserve.
2. modernizing maintenance
These are repairs that also serve to keep the technical status "up-to-date". The distinction between structural changes and modernizing maintenance can sometimes be quite complex and often requires a specialist lawyer.
3. modernization
The aim here is to improve the technical condition and increase the value of the property. The aim is often to reduce operating costs or increase rental income. In contrast to modernizing maintenance, there is no immediate necessity here.
4. structural changes
You already know this category. As a reminder, it includes permanent changes to the property, such as conversions or extensions. Such measures require a resolution by the owners' meeting. If other members of the homeowners' association could be affected by this, their express consent is required.
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Structural changes, modernizations or simple repairs - as your property management company, we are at your side for all measures in your condominium. We also take on the professional organization of your owners' meetings and help you make decisions.
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