What Is the Declaration of Division?

The declaration of division (Teilungserklärung) is the legal founding document of every condominium association (Wohnungseigentümergemeinschaft, WEG) under German law. Through it, the dividing owner – usually a property developer – splits a plot of land, in accordance with Section 8 of the German Condominium Act (WEG), into individual, legally independent residential or partial ownership rights. Only through notarization and entry in the land register (Grundbuch) do the individual ownership units that you, as a buyer, can acquire actually come into existence. Without a declaration of division, there is no condominium ownership in the legal sense – it is therefore the foundation on which the entire WEG "operates."

In practice, the declaration of division is often combined with the community rules (Gemeinschaftsordnung) in a single document. While the declaration of division in the narrower sense governs the division of the property itself, the community rules contain the "rules of the game" for living together – such as voting rights, cost allocation, or usage restrictions.

Private Property, Common Property, and Exclusive Usage Rights

The declaration of division determines precisely what counts as private property (Sondereigentum – assigned individually to one owner, e.g. the apartment itself, interior fittings, non-load-bearing walls) and what counts as common property (Gemeinschaftseigentum – belonging to all owners jointly, e.g. the roof, façade, load-bearing walls, stairwell, heating system). This distinction is not a mere formality – in practice, it determines who is responsible for maintenance and costs, and who has a say in decisions about structural changes.

The declaration of division frequently also assigns exclusive usage rights (Sondernutzungsrechte) – for example to a section of garden, a parking space, or a cellar compartment. These areas legally remain common property but may only be used by a specific owner. Anyone buying an apartment with a garden or parking space should therefore be sure to check that this usage right is actually anchored in the declaration of division – a verbal promise from the seller alone is not enough.

The Cost Allocation Key

A central element is the cost allocation key: it determines the basis on which operating costs, maintenance costs, and reserve contributions are allocated among the individual owners – typically co-ownership shares, living space, or number of units. Departing from the statutory rule in Section 16 (2) WEG, the declaration of division can set its own, differentiated allocation keys, for instance for elevator costs (only owners of upper floors) or heating costs. These provisions take precedence over the statutory default rule and should be read carefully before a purchase.

Why the Declaration of Division Matters So Much When Buying

Anyone who buys a condominium apartment is not just buying four walls – they automatically enter into the existing declaration of division and community rules, whether or not they read them beforehand. Practically relevant points frequently governed by the declaration of division:

  • Structural changes: some declarations of division include consent requirements or design specifications (e.g. for balcony glazing, awnings, satellite dishes).
  • Keeping pets: blanket bans on keeping pets in a declaration of division are, according to case law, usually invalid, but rules concerning disruptive or excessive pet-keeping may be permissible.
  • Renting out: a general ban on renting is generally not permissible, but a requirement to obtain the management's consent before renting may be provided for.
  • Commercial use: it is often specified whether, and to what extent, commercial use of private property is permitted.

What the 2020 WEG Reform Made Mandatory by Law

Since the reform of the German Condominium Act (WEG) came into force on 1 December 2020, an important principle applies: certain statutory rights of owners are mandatory and can no longer be restricted by the declaration of division. This particularly concerns the right to appropriate structural changes, such as installing a charging point for electric vehicles, barrier-free access, or burglary-protection measures (Section 20 (2) WEG). The resolution procedure at the owners' meeting (a simple majority for most structural changes, Section 20 (1) WEG) is likewise set by law and cannot be tightened at will by the declaration of division. The declaration of division therefore primarily governs the allocation of rights, obligations and costs – not the statutory minimum rights of each individual owner.

How to Obtain a Copy of the Declaration of Division

As an (aspiring) owner, you are entitled to inspect the declaration of division at any time. The usual routes:

  1. Seller/agent: when buying, the declaration of division should be part of the sales documents anyway.
  2. Property manager: the manager typically keeps a copy and makes it available to owners.
  3. Land registry office (Grundbuchamt): the declaration of division is filed as an attachment to the land register file at the competent land registry office. With a legitimate interest (for example, as a prospective buyer holding a notarized power of attorney, or as a registered owner), you can inspect land register extracts and the declaration of division there, or request a copy.

Our advice: read the declaration of division and community rules in full before buying – ideally together with a lawyer specializing in condominium law or with your property manager. This will help you avoid unpleasant surprises regarding cost allocation, usage rights, or planned renovations. Wellhöner Immobilienmanagement supports owners in Mülheim an der Ruhr and throughout the Ruhr region in reviewing and practically applying their declaration of division.