Seclusion (construction)
In public building law , seclusion means that residential units or apartments that are connected to several usage units in a building each have their own entrance and must be separately accessible. The entrance can be located directly on the outside or can be reached via the building's access routes ( stairwell , elevator or hallway ).
General
Privacy should be guaranteed through seclusion . The seclusion marks the boundary between communal property and individual property within a condominium . A prerequisite for the seclusion of a condominium is in particular that the property areas are separated from the common property as well as other special or partial property units with walls, ceilings and floors. A separate, lockable access via the communal property is required. In addition, at least a kitchen, bathroom and toilet must be available so that housekeeping is possible in the apartment.
Examples
- In a large single-family house , a granny flat will be furnished through renovation . This apartment has its own entrance from the outside space and there is no connection to the original residential unit.
- In a high-rise building , every apartment must be accessible independently of another apartment.
Legal issues
The seclusion is required in the building regulations of the federal states, for example in Section 49 (1) BauO NRW. A separate, lockable access from the open air, from a hallway or another anteroom is required. This does not apply to apartments that are located in a building with more than two apartments. The seclusion is certified by the building permit authority on the basis of a valid building permit in accordance with a distribution plan.
The isolation certificate is a prerequisite for proprietary division of a built-up land and the formation of special property (§ § 1 , § 3 and § 7 WEG ) in land and its entry in the land register , z. B. for condominiums in apartment buildings.
The land registries only enter a declaration of division when they have received the certificate of completion.
Individual evidence
- ↑ Alexander C. Blankenstein, Lexikon Wohnungseigentum , 2008, p. 43 ff.
- ↑ in the version of BauO NRW valid until December 31, 2018; deleted after the government's justification of the law for the modernization of building regulations in North Rhine-Westphalia - building law modernization law (BauModG NRW) , as it is already supposedly contained in Section 29 BauO NRW 2019. The certificate of completion according to the WEG would remain unaffected. See printed matter 17/2166 of the State Parliament of North Rhine-Westphalia, p. 141 there
- ↑ Alexander C. Blankenstein, Lexikon Wohnungseigentum , 2008, p. 43
