As a condominium owner, am I allowed to simply replace, renew, or paint my windows? And who pays for this? We provide you with clear answers to the most important questions about windows in condominiums and the Condominium Ownership Act.
Private property or common property? What do your windows belong to?Link to this section
"Windows belong to me!" Many condominium owners assume they can make significant changes to their windows without the condominium association's approval—be it to maintain the windows, modernize them, or even install window sills. The assumption that windows are private property and that owners can make their own decisions about windows is widespread.
However, the fact that windows can contain elements of both private property and common property changes the situation – and has practical implications for the rights and obligations of owners when it comes to new windows.
Common misunderstandings in WEG practice
Private or shared property? The ownership of condominium windows repeatedly raises questions. A common misconception is that owners mistakenly believe they have unrestricted control and decision-making over their windows.
What's often overlooked is that most changes to key window components require a decision from all owners. The assumption that each owner is responsible for painting their own windows is also often incorrect.
Do misunderstandings, errors or even Problems with troublemakers "At Ralph, we are a modern management company based in Berlin that is familiar with the small and large challenges faced by condominiums. Our experts have over 15 years of experience."
The legal basis for new windows: the WEG Act
As essential components of a building, windows are of vital importance to any homeowners association. However, ownership details are not always obvious at first glance.
However, the Condominium Act (WEG) provides clarity on this: It generally classifies windows as common property. This applies in particular to the exterior windows of an apartment, which are mandatory common property according to Section 5, Paragraph 2 of the WEG.
Groundbreaking case law
A groundbreaking ruling by the Federal Court of Justice (BGH) on June 14, 2019, underpinned this legal requirement. It clarified that agreements declaring windows to be private property are not legally tenable. Even if the Declaration of division If deviating regulations have been established that define windows as private property, these remain ineffective. The windows retain their status as common property.
This legal situation underscores how important it is for you, as an owner and potential buyer of condominiums, to familiarize yourself with the ownership structure of a condominium association. Only then can you confidently make the right decision regarding your new windows and avoid potential misunderstandings or even conflicts.
Important nuances when distinguishing between private property and common propertyLink to this section
The question of who owns the windows in a condominium is more complex than one might initially assume. Although the Condominium Act generally classifies windows as common property, there are important nuances to consider.
The effects
Surprisingly, certain components of a window can indeed be considered separate property. To fully understand the legal situation, we need to examine the individual components of a window more closely. The distinction between separate and common property in windows has direct implications for maintenance obligations, cost allocation, and decision-making authority regarding modifications and replacements.
Which parts of the window are part of the common property?Link to this section
Let's take a brief look at the structure and components of windows in condominiums. The most important components of windows are common property. These are:
window frame: Window frames are primarily considered common property. These form the basic structure of the window and are largely responsible for its stability and functionality. Due to their important role—not only for the apartment, but also for the entire building—they are considered common property and are therefore the collective responsibility of all apartment owners regarding modifications, replacement, and maintenance.glazing: Likewise, the glass panes, including double or multiple glazing, are considered common property. These elements are not only important for the incidence of light, but also contribute significantly to thermal insulation and thus to the energy efficiency of the entire condominium building.Exterior window sills:Not to be forgotten are the exterior window sills. They not only serve an aesthetic function by shaping the appearance of the facade, but also serve the practical purpose of protecting against water ingress. They, too, are not private property, but communal property.Other components that are part of the common property:Shutters, external window sills, external blinds, roller shutters, awnings
Which window parts are considered special property?Link to this section
Compared to common property, the components belonging to the separate property are smaller:
Interior window painting: The ownership of the interior window paint is clear: This is part of the separate property. The responsibility for and costs of the paint job lie with the respective separate owner.Interior window frames and window handles:The interior window frames and window handles are also considered private property. These components can be selected, designed, or replaced by the owners according to their personal preferences.InnerWindow sills:The interior window sills are also part of the private property. The apartment owner is free to decide on their design and maintenance, as the interior window sills are for individual use only.
Good to know: What is the difference between special ownership and special use rights? The difference between special property and special use rights simply explained, with examples
Replacement, repair, maintenance: Who bears the costs?Link to this section
As you now know, windows are the collective responsibility of your condominium association. Therefore, the costs for window maintenance in a condominium association are generally borne proportionately by all owners. The exact distribution depends on the individual co-ownership shares and is determined in the declaration of division or by resolution of the owners' meeting.
However, it should be noted:
Special agreements may apply: In some cases, individual agreements may transfer the costs to individual owners.A common misconception: It is often assumed that individual apartment owners must bear the costs of maintenance unless the declaration of division stipulates otherwise.
The basic rule remains:Unless special regulations apply, all owners jointly bear the costs of maintaining the windows as part of the common property.
Apartment owner acts on his/her own initiative: Is a refund possible?
A homeowner who replaces the windows in their apartment at their own expense is generally not entitled to subsequent reimbursement of these costs from the homeowners' association. Anyone who does so without a corresponding resolution bears the costs themselves. The Federal Court of Justice (BGH) ruled this in a recent ruling.
Resolutions on window projects in the WEGLink to this section
As an individual homeowner, you are generally not authorized to make independent decisions regarding the repair, renovation, or replacement of windows. These matters fall within the purview of the entire homeowners' association and require a joint resolution.
However, the new WEG law brings simplified voting rules
The 2020 WEG reform has made the decision-making process considerably easier:
Structural changes, including the installation of new windows, can now be decided by a simple majority.The previous requirement for unanimous consent of all owners is no longer applicable.
The advantages of the new regulation for owners
These innovations aim to optimize the building maintenance process while protecting the interests of the condominium association.
Accelerated decision-making in the owners’ meeting.Increased flexibility in the implementation of maintenance measures.Potential improvement of the windows and the building in general through timely implementation of necessary work.
Special regulations for window maintenance: What is possible?Link to this section
The new WEG law allows you to be more flexible in the allocation of costs for window maintenance and replacement:
New possibilities since the 2020 WEG reform:The owners' meeting can decide by a simple majority that only the owners of the affected apartments will bear the costs for their windows.Options in the Community regulations:The community regulations can stipulate that each apartment owner bears the costs for his/her own exterior windows.
Many owners fail to check the declaration of division or community regulations for specific provisions regarding the costs of exterior windows. This can lead to misunderstandings and conflicts. It's therefore worthwhile to carefully examine the community agreements, as they may deviate from the standard statutory regulations and thus affect the individual cost burden.
New WEG law:What else has changed?Link to this section
It's more important than ever to be familiar with the German Condominium Act (WEG). The comprehensive 2020 reform of the Condominium Act (WEG) brought with it numerous changes that you, as a homeowner, should be aware of:
Other significant innovations
Quorum: Owners’ meetings now always have a quorum, regardless of how many owners attend.Structural changes: Simplified process for conservation and reconstruction measures.Cost distribution: New options for more flexible cost allocation.Restrictions on use: Expanded options regarding shared ownership.Relationship structures: Simplified cooperation between owners, condominium associations and management.
The reform offers more scope for action, but also requires increased attention and participation from all owners in order to protect the interests of their condominium association.
You can find more information in this article: The WEG law simply explained
Do you already know Ralph?
The Condominium Act is more or less the heart of your condominium association. However, its provisions are often complex and multifaceted. At Ralph, we can help you understand condominium law and successfully apply it within your condominium association.
Whether it concerns the interpretation of individual regulations, adaptation to legal changes, or the enforcement of decisions – we are at your side with our expertise. Trust in our experience and switch to Ralph now!
