Special right (condominium)

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For special rights are part of a plot , the one with owners in condominiums may use only. The legal basis is Art. 712b ZGB (Switzerland) and Art. 170b SR (Liechtenstein).

Subject of special law

Individual floors or parts of floors can be the subject of special law . Condominium owners can use these as apartments or for business or other purposes. It is required that they must be self-contained with their own access. Therefore, only rooms with floors, ceilings and walls (alternatively grids or similar) can be excluded from special rights. Separate ancillary rooms such as a basement or a garage that meet the above conditions can also be given special rights.

The special right inside the room includes parts that are firmly connected to the parts of the building that are jointly owned. This can be floor coverings , wall plastering , non-load-bearing partition walls, sanitary and kitchen facilities or chimneys .

According to the prevailing doctrine, the windows of an apartment also belong to the special law. As a rule, however, the floor owner is not free to choose the windows, as windows influence the external appearance of the building. A floor community can expressly stipulate in its regulations that windows do not belong to the special right. Balconies are also controversial , as they can influence the external appearance; as a rule, the inside of the balcony belongs to special rights.

Parts not divisible under special law

The floor, which also includes garden seating or parking spaces , as well as parts used in common ( stairwell , lifts ) cannot be given special rights, as seclusion is missing. Furthermore, load-bearing components or components that affect the external appearance (facade, outside of the balconies) do not have special rights.

Definition of terms

The special right of use must be distinguished from the special right . Parties can be granted the right to use common parts such as garden seating exclusively, but they may not design parts of the community at their own discretion without the consent of the community.

See also

Individual evidence

  1. ↑ a b Notarial Inspectorate of the Canton of Zurich: The subject of special law .
  2. ↑ Bürgi Nägeli Lawyers: Subject of special law .
  3. ↑ Solenthaler, Harald: Windows in condominium, in Der Zürcher homeowner , edition 5/2012, page 353.
  4. ^ Opilio, Antonius 2009: Working Commentary on Liechtenstein Property Law . Dornbirn: Edition Europa, Volume 1, Page I-340, ISBN 978-3-901924-23-1 . ( Online on Google Books )
  5. ↑ K-Tip: Condominium ownership: Do I have to have the balcony mended at my own expense? , Edition 15/2010.
  6. ↑ Keim, Jürg: Condominium ownership What is allowed - what is not? , in Observer Online , February 22, 2016.