Certificate of completion
The isolation certificate (AB) according to German law a certificate stating that a condominium or a part of the property within the meaning of residential property law (WEG) structurally sufficient to other houses and spaces completed is ( § 3 , para. 2, § 7 Abs. 4 no. 2 PATH). This separation is done, for example, by walls and ceilings, which ensure sound and heat insulation. There must still be a separate, lockable access to each unit.
The certificate of completion (together with the layout plan ) is the prerequisite for the division of a building into condominium and / or partial ownership and for the creation of separate land register sheets for each individual condominium (the actual conversion). It is therefore necessary if the construction of new condominiums or the division of an apartment building into condominiums (which can be sold separately) is planned.
The certificate of completion is issued by the building supervisory authority, which is also responsible for the building permit and the building inspectorate acceptance ( general administrative regulation for the issuing of certificates in accordance with Section 7, Paragraph 4, No. 2 and Section 32, Paragraph 2, No. 2 of the Condominium Act of 19 March 1974 - Federal Gazette No. 58 of March 23, 1974. ) In 2007, the federal states were authorized to determine by ordinance that and in which cases the issuance of the certificate of completion (and the distribution plan) also by publicly appointed ones instead of the building authorities or recognized experts for the building industry (Section 7 (4) WEG). By law, the certificate of completion does not contain a binding statement on the extent of the permitted use (granted building permits) of the separate property (see also decision of July 24, 1985 - BVerwG 4 B 125.85 and BVerwG decision 8 C 55.85). According to the decision of the BVerwG, this results from the wording and the context of the legal regulation and is confirmed by the history of its creation.
Use for statistics
In the housing market observation, the number of certificates of closure in the housing stock can be used as an indicator for the conversion of rental apartments into condominiums. This can e.g. B. be interesting to observe the spatial and temporal course of gentrification or housing privatization.
However, a certificate of completion does not necessarily lead to conversion into a condominium and the loss of rental accommodation. On the one hand, housing associations or private owners of apartment buildings sometimes apply for certificates of closure "in advance" without having the division entered in the land register or without having to offer the apartment for sale. On the other hand, a buyer has to be found for an offered apartment (which - depending on the market situation - is not always the case). In some places the actual conversion activity can be checked against the statistics of the local committee of experts : some show “sales of converted apartments” as a separate figure. Even then, however, it remains unclear whether the apartment will be used by the new owner himself or rented out.
Despite these ambiguities, the number of certificates of closure is a suitable early warning indicator for urban transformation processes, which may have to be followed by an in-depth analysis.
See also
literature
- City of Munich, Department for Urban Planning and Building Regulations: Report on the housing situation in Munich 2000–2001
- Housing Promotion Agency NRW (Wfa): Model experiment on municipal housing market observation - Explanation of terms
- City of Lippstadt: Housing Market Report 2008
Individual evidence
- ^ Form of the city of Osnabrück
- ↑ Federal Law Gazette I No. 11 of March 30, 2007, p. 370 ff.
