Part ownership

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Part property is Wohnungseigentumsrecht the special property of not residential purposes serving rooms of a building in connection with the ownership share the common property to which it belongs.

General

This legal definition of Section 1, Paragraph 3 of the WEG takes into account that, in addition to condominiums used for residential purposes, there should also be property that is not used for residential purposes. Apartment and partial ownership differ only in their intended purpose , so that only the purpose of the rooms decides on their designation as apartment or partial ownership.

Partial ownership is therefore a parallel term to apartment ownership.

Legal issues

The legal basis for the formation of partial ownership is the declaration of division ( Section 8 (1) WEG). It determines whether a separate property unit is condominium or partial ownership. In accordance with Section 1 (6) of the WEG, the provisions on apartment ownership apply accordingly to partial ownership.

The seclusion of rooms is a prerequisite in accordance with Section 3 (2) WEG, whether residential or partial ownership can be formed. The land registry does not divide the property until the apportionment plan and the certificate of closure from the building authority are available ( Section 7 (4) No. 2 WEG).

The land registry then creates a special land register sheet ex officio in the form of the partial ownership land register in accordance with Section 7 (1) WEG . Pursuant to Section 2 of the Ordinance on the creation and keeping of apartment and partial ownership land registers ( Apartment Land Register Decree , WGV), the word "partial ownership land register" must be placed in brackets under the sheet number; In accordance with Section 3 of the WGV, the inventory contains the share of co-ownership in the property expressed as a numerical fraction. According to § 4 WGV and § 5 WGV, the following departments contain the rights like a normal land register.

In addition to the individual ownership of rooms not used for residential purposes and the co- ownership share in the common property, partial ownership includes the right to membership in the apartment owners' association .

purpose

In addition to the residential purpose for apartment ownership, partial ownership can serve any other purpose, in particular commercial or business type such as for business premises , shops , storage rooms , workshops , garages , practice or office rooms , but also hotels , clinics , guest houses or schools . In principle, residential property may only be used for residential purposes. In the absence of a restrictive agreement, partial ownership may be used for any purpose, but not as living space. In the case of partial ownership, it is also permissible to give the rooms to tourists , holiday guests and business partners in the form of a pension , as this is no longer a residential use. A special case is the division of nursing homes in part ownership, as the "nursing apartments" created are indeed used for residential purposes, but due to the commercial operation of a nursing facility and the lack of premises necessary for home ownership (e.g. kitchen) under the Partial ownership will fall.

literature

Individual evidence

  1. ↑ Werner Niedenführ / Egbert Kümmel / Nicole Vandenhouten, WEG: Commentary and Handbook on Condominium Law , 2010, § 1 WEG Rn. 7th
  2. ↑ Werner Niedenführ / Egbert Kümmel / Nicole Vandenhouten, WEG: Commentary and manual on residential property law , 2010, § 14 WEG marginal no. 16
  3. ↑ Eckhart Pick, Teiligentum , in: Johannes Bärmann, Apartment Ownership Act: Commentary , 11th edition, 2010, introduction Rn. 63.
  4. ↑ Werner Niedenführ / Egbert Kümmel / Nicole Vandenhouten, WEG: Commentary and Handbook on Condominium Law , 2010, § 1 WEG Rn. 17th
  5. ↑ BayObLG, judgment of January 13, 1994, Az .: 2Z BR 130/93; WuM 1994, 222
  6. ↑ BayObLG, judgment of January 13, 1994, Az .: 2Z BR 130/93; WuM 1994, 222
  7. ↑ KG Berlin, judgment of July 2, 2007, Az .: 24 W 34/07 = ZMR 2007, 803
  8. ↑ Pflegeweg.de, keyword: partial ownership , accessed on July 16, 2019