Why the difference between common and separate property is crucial
For condominium owners, it is essential to understand the terms common property and separate property. These two categories determine what belongs to you alone and what you decide on together with the other owners. This difference has far-reaching implications for your rights, obligations and coexistence within the homeowners’ association (WEG). In this article, we will take a closer look at these terms, show you typical examples and explain how you can avoid conflicts.
What is community property?
Definition according to the German Condominium Act (WEG)
Common property comprises all parts of the property that are not owned separately by an individual homeowner, but belong to all co-owners together. The German Condominium Act (WEG) defines common property in Section 1 para. 5 as “the land and the parts, installations and facilities of the building that are not individually owned and are necessary for the existence or safety of the building”. This means that common property includes those areas that are of central importance for the structure and function of a building.
Typical examples of common property
The classic components of common property include, for example, the roof of the building, the stairwell, the façade, the exterior walls and technical installations such as the heating or sanitary facilities. Parts such as the elevator, the underground car park or the shared outdoor facilities (e.g. garden or playgrounds) also generally fall under common property. These areas may not be used or changed by an individual owner alone, as they belong to the community as a whole.
Rights and obligations of the community of owners
As the common property is owned jointly by all condominium owners, decisions on its use, maintenance and modernization are usually made at the owners’ meeting. The community decides by majority vote on how to deal with common property, for example when repairs or renovations are due. The costs for maintenance and repairs are usually distributed proportionately among all condominium owners. This means that each owner must make a contribution, regardless of whether they actively use the area in question or not.
What is special property?
Definition according to the German Condominium Act (WEG)
Special ownership refers to the parts of a building that belong exclusively to the respective apartment owner and can be used and designed individually by them. The German Condominium Act (WEG) defines special ownership in Section 1 para. 2 as “condominium ownership and partial ownership”. This includes in particular the self-contained rooms within the apartment that are clearly separated from the communal areas. In other words, anything within your own four walls that is not required for the maintenance or security of the building as a whole can be considered separate property.
Typical examples of special property
Special property typically includes the interior rooms of the apartment, such as the floors, ceilings, interior walls (if they are not load-bearing), doors and individual fittings such as sanitary facilities or fitted kitchens. Under certain circumstances, the windows may also belong to the separate property, although this is often specified in the declaration of division or by special agreements. Important note: Everything that is part of the load-bearing structure of the building, such as load-bearing walls, generally remains community property.
Rights and obligations of the owner
As the separate property is the sole responsibility of the respective condominium owner, they are largely free to dispose of it as they wish. This means that the owner can carry out repairs, modernizations or redesigns in the areas of the separate property independently – of course always within the framework of the legal regulations and without affecting the rights of other owners. It is also important to note that the owner must pay for the maintenance and repairs in these areas themselves. In contrast to common property, it is not the entire homeowners’ association that bears the costs here, but only the respective homeowner.
Demarcation between common and special property
Gray areas and special regulations
In practice, there are always areas where the distinction between common and separate property is not entirely clear. Balconies are a typical example of this. While the balcony floor and the balustrade are often assigned to separate property, the load-bearing scaffolding and the external cladding usually belong to common property. The situation is similar with windows: the frames and glass often belong to the common property, as they are part of the external façade and affect the entirety of the building. However, the inside of the windows, such as roller blinds or interior blinds, can be assigned to separate property. Such borderline cases often lead to uncertainties in practice and can cause conflicts within the homeowners’ association if it is not clearly regulated who is responsible for repairs or changes.
Individual regulations through declaration of division
The exact demarcation between common and separate property is defined in the so-called declaration of division. These documents are individually designed for each residential property and bindingly determine which parts of the building are assigned to which property. It is therefore quite possible that balconies, windows or certain parts of the building that are assigned to common property in one case belong to separate property in another property. The declaration of division therefore plays a key role in avoiding conflicts by clearly clarifying the ownership structure.
It is therefore important for condominium owners to be familiar with the declaration of division and to check it regularly in order to avoid misunderstandings or ambiguities regarding responsibilities for repairs and maintenance measures.
Conflict potential and dispute avoidance
Conflicts within a homeowners’ association often arise precisely at the interfaces between common and separate property. Frequent points of contention are, for example, the allocation of costs for maintenance or repair measures. If a communal property such as the roof or façade needs to be repaired, high costs can be incurred that are distributed among all owners. Disagreements can arise here, especially if individual owners feel that they are not benefiting directly from the measures, for example because they do not use the attic. Another frequent point of contention is structural changes to the common property, such as replacing windows or adding balconies. Such changes often require the consent of the community of owners, which can lead to differences of opinion.
The use of common property can also give rise to conflicts, for example if individual owners make excessive use of common areas such as the garden or underground garage or convert them without prior agreement. In such cases, it is important to have clear rules and to protect the interests of the entire community.
Solutions for conflict avoidance
A good way to avoid conflicts in advance is regular and transparent communication within the homeowners’ association. Condominium owners’ meetings offer the opportunity to discuss questions and disagreements openly and find solutions together. A professional property management company can act as a neutral body that mediates between the parties and ensures compliance with legal and contractual regulations.
It is also important that the declaration of division and the community rules are clearly formulated and accessible to all owners. All relevant issues, such as responsibilities for repairs and the use of common property, should be clearly regulated here. Ideally, special agreements should also be made to find individual solutions for problematic areas such as balconies or windows.
Open and constructive communication, clear agreements and professional management play a key role in minimizing conflicts and promoting harmonious coexistence within the community.
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Are you looking for a competent and reliable condominium and rental management company in Leipzig? FG Fröhlich & Gottas Hausverwaltung GmbH is at your side with a comprehensive range of services. From commercial to technical management – find out all about our services and how we can successfully manage your property. Contact us now to find out more about our services. We look forward to hearing from you and finding the best solution for your property management together!
