What is a subdivision plan?Link to this section
The floor plan is a detailed graphic representation of your property, illustrating the precise layout of all apartments and common areas. It's comparable to a floor plan, accurately depicting not only the spatial layout but also the ownership structure of each area.
As a property owner, the division plan provides you with a clear overview of your private property and the common property, which helps you manage the property and enforce your rights.
The division plan is also known as the partition plan. It is regulated in Section 32 of the German Condominium Act ( WEG Act ) recorded.
What does the allocation plan look like?Link to this section
Imagine a 2D drawing in which the different areas of your building are marked by color or symbols. An accompanying key explains what each symbol means—for example, a square might represent an apartment and a circle a garage space. This representation allows you to clearly identify the location and size of the various areas, spaces, and units.
The division plan offers you a detailed graphic overview of, among other things:
Your personal living unitOther apartments in the buildingCommon areasspecial property
The layout plan is part of the certificate of completion and is only issued after the building has been fully completed. The architect/-innen or civil engineers to create.
What information does the division plan contain?Link to this section
The following content is typically included in the division plan:
Property and building data:The land division plan begins with a precise location of the property, including its coordinates. The property's dimensions are also shown in detail.Room layout:A graphic representation of the floor plan provides an overview of the location and size of the individual residential units, parking spaces, and common areas. Each room is clearly assigned to its owner.Ownership shares:The ownership structure is expressed as a percentage, clearly distinguishing between special property and common property (e.g. stairwell).Owner details:The plan contains a list of all owners with their full names and current addresses.Building description (optional):In some cases, additional information about the building description can be found, such as the building materials used or special features.
In summary, the property division plan provides a comprehensive overview of the division and ownership of a property. It is an indispensable document for anyone involved in real estate, whether as a buyer, seller, owner, or property manager.
Why is the division plan so important?Link to this section
The importance of the allocation plan can be seen in several aspects:
Clarity and transparency:The division plan provides clarity regarding the individual property rights of the apartment owners and defines the boundaries of the common property. This minimizes the risk of misunderstandings and conflicts.Orientation:The property allocation plan is a valuable guide for every owner. It provides a detailed overview of their ownership and facilitates the identification of responsibilities within the condominium association.Administrative assistance:The condominium management uses the plan as a central reference document for many matters relating to the property. This provides the manager with all important information about the exact size of the apartments, the location of common areas, and the allocation of parking spaces.Legal certainty:The division plan also provides a legal basis for decisions made by the condominium association. In the event of disputes, renovations, or the sale of condominiums, the division plan serves as a binding reference.Cost distribution:The ownership shares specified in the division plan serve as the basis for the distribution of maintenance costs and other common expenses.Transparency:Disclosing the property's layout ensures a high degree of transparency within the homeowners' association. All owners have the opportunity to learn more about their property.
Who draws up the allocation plan?Link to this section
The subdivision plan is drawn up by construction professionals. Architects or civil engineers who have previously been involved in the construction project are usually commissioned to do this, as they have the necessary expertise to create the subdivision plan for the condominium association.
In special cases, such as disputes or legal proceedings, court-appointed experts may also be commissioned to prepare a property division plan. Their impartial assessments are then crucial for clarifying the facts.
Authorities also play an important role in this process. The building authority is responsible for issuing the necessary registration permit. This confirms that the subdivision plan complies with applicable building regulations. In some regions, approval from a review committee is also required, particularly when it comes to residential areas. The committee reviews the plan for compliance with local building regulations and the interests of the stakeholders.
The creation takes place in several steps
The creation of a land subdivision plan is a process that requires compliance with legal requirements. This involves considering not only building regulations but also the interests of the parties involved, especially the owners.
First, the subdivision plan is prepared by the experts. Then, registration approval is applied for with the building authority. If an inspection by the expert committee is necessary, this takes place in the next step. After a successful inspection, the subdivision plan is finally entered in the land register.
Where can I find the division plan?Link to this section
As an owner, you should have access to the property plan. Access to the plan is available in several ways:
Declaration of division:The division plan is usually an integral part of the declaration of division. This legal document is used when establishing a Homeowners association created and deposited with the responsible land registry office.Land Registry Office:The declaration of division is publicly available. You can request a copy from the land registry office. In some cases, the division plan is even recorded directly in the land register.Management of the owners’ association:The condominium association's management often has a copy of the division plan. As an owner, you can usually view it without any problem.Notary:When purchasing an apartment, the floor plan is usually provided by the notary. It is part of the notarization of the purchase agreement.Digital availability:More and more land registry extracts and related documents, such as the subdivision plan, are available online. Find out about the options in your state.
What role does the division plan play when selling a property?Link to this section
The property layout plan is important for both sellers and buyers of condominiums. It creates transparency and safeguards legal claims. Sellers are generally legally obligated to provide buyers with all documents relevant to the assessment of the property. This includes the property layout plan.
Partition plan vs. declaration of partition: What is the difference?Link to this section
Imagine your condominium agreement as a large puzzle. This puzzle consists of many individual pieces: your apartment, the common areas such as the stairwell, basement, or garden, etc. To put this puzzle together correctly, you need two important documents: the division plan and the declaration of division.
The floor plan is, so to speak, the picture on the box. It shows you how the individual puzzle pieces fit together. The plan graphically shows exactly where your apartment is located, how big it is, and which walls and doors belong to it. You can see at a glance which areas are your private property and which areas you share with the other apartment owners.
The declaration of division is the detailed guide to putting the puzzle together. This document contains all the important legal information relevant to living together in a condominium association. In addition to the division plan, it contains detailed descriptions of the individual ownership shares, the common property, and the rights and obligations of the condominium owners.
To put it even more simply:
The layout plan shows you where your boundaries are.It is your personal floor plan and gives you an overview of the spatial layout of your condominium.The declaration of division explains how you must deal with your property.It is the set of rules for living together in the community and defines the rights and obligations you have as a homeowner.
Why are these documents so important for you as an owner?
Security:Both documents provide you with legal certainty and protect your interests.Transparency:You will receive a comprehensive overview of your ownership and the rights and obligations of the community.Basis for decisions:For important decisions, such as modernization or a change in the community regulations, the division plan and the declaration of division serve as the basis.
Both the division plan and the declaration of division are essential documents for every apartment owner.
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