A division into apartment rights is required to legally split a building into private parts, for example residential apartments and or storage units, and common parts that are used by all owners. The deed of division into apartment rights makes it possible to sell and ultimately transfer a specific part of the building, the apartment rights, separately from the rest. The joint owners remain responsible for the common parts of the building through a Homeowners’ Association. These common parts may include, for example, the facades, the roof, the stairwell, the elevator or the courtyard garden.

The deed of division into apartment rights includes the division regulations, the articles of association of the Homeowners’ Association and the division drawing that forms part of the deed. Under the law, an owner is required to be a member of the Homeowners’ Association. The deed and the regulations set out the rules regarding the use, management and maintenance of these parts. The division drawing uses thick and thin lines to indicate which parts are private and which parts are common.

PVM Notarissen has extensive experience in dividing buildings, as well as parking areas and or inner courtyards, into apartment rights. You can also come to PVM Notarissen for amendments and sub divisions into apartment rights.

It is also possible that, over time, the owners may wish to change the existing division into apartment rights. This can be done by means of an amendment deed of division into apartment rights. For example, this may be necessary because the layout of the building has changed over the years, causing the actual and legal situation to no longer match.

In many cases, the consent and cooperation of all owners of the building, as well as their mortgage lenders, is required before the deed of division into apartment rights can be amended.

For more information and or a no obligation introductory meeting or discussion, you can contact G.W.M. (Michiel) Zwep RNK.