Residential property (to differentiate of the residential property) is in the German right a special form of the property at an individual dwelling, a free-hold flat in such a way specified within a building with several dwellings (multi-family house or also terraced house).

The reason for it that it requires a special form of the property, lies in the fact that the civil law book does not know a difference between a property and on it established buildings regarding the property. Who buys a house, this signs a purchase of land contract in an auction by order of the court with the notary or ersteigert. The house is not only actual connected with property, but also legally firmly - a real estate.

In order nevertheless to create the possibility of acquiring property at individual dwellings or other defined building parts outside of the civil law book the residential property law was created. The legal construction is based on the fact that the property at property is divided by the number of existing (or intended) dwellings and each (future) residential properties receive a portion (co-ownership portion) of this property. Each co-ownership portion becomes special thereby its own real estate, those separately in the land register, the housing land register, when independent object is led. It can independently of the other portions sold or with a mortgage lien loaded, therefore beliehen become. Thus an auction by order of the court of a portion does not have effects on the other joint owners.

The residential property exists thereby compellingly out

• a property portion in fractions, usually in 1/1000 portions, with large housing estates also in 1/10000 of a property (usually co-ownership portion or MEA called)
• the separate estate, thus the attributed dwelling.

Beyond that a co-ownership portion can also with one

• Special right to use for certain ranges, e.g. Passenger car parking bays on property, or
• Partial property instead of residential property connected its, that are not for living purposes determined area, e.g. Cellar area, garages or trade units.

The allocation of the building and the interior relationship of the owners regulate notarial Teilungserkl¤rung contain a textuelle description of the individual dwellings and additionally plans of the entire building, in which the dwellings are marked. It is usual, but not compelling that the fraction corresponds to the proportionate housing surface. Deviations know itself devoted from additional removals, e.g. in the attic or from arbitrariness former Alleinbesitzers.Eine allocation in separate estate can only with an official certificate of compartmentation for the individual dwellings of the building take place.

A likewise substantial component of the is the community order. The community order regulates the relationship of the housing or among themselves. The community order and the have an agreement character. That means that it is only by an agreement, usually this a allstimmiger resolution, be changed can.

Together used building parts such as traffic surfaces (stairs, input areas etc.), property, the joint building services, the building cover, all statically necessary built volumes, party walls etc. remain Gemeinschaftseigentum.

A special right to use is the right of a joint owner to be allowed to use parts of the Gemeinschaftseigentums for itself. The exact distinction in separate estate/partial property and Gemeinschaftseigentum is so important, because on it the competence for the maintenance and thus the cost allocation depends.

The whole of the owners forms a The highest will education, resolution and autonomy organ is the which can order a house supervisor over a majority decision. The order of a manager cannot be excluded also by the

The residential property law makes detailed regulations over details of the reason of housing and/or partial property and its joint administration by the housing and/or the formation of the maintenance reserve, as well as over the judicial procedure in residential property things, a procedure of the freiwilligen jurisdiction.

A predecessor of the residential property is the floor property, which was common in some areas of Germany, but is legally not particularly well regulated and the mockery name carried, because controversy between the owners was the rule.

Related links

• Text of the residential property law
• To the floor property after old federal state law of Baden from 22 February 2004 (pdf)
• Iurisdiction to the residential property law
• ABC of the residential property law

Articles in category "Residential property"

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