Condominium Act (Germany)

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Basic data
Title: Law on home ownership and permanent residence
Short title: Condominium Act
Abbreviation: AWAY (not official)
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: civil right
References : 403-1
Issued on: March 15, 1951
( BGBl. I pp. 175, 209 )
Entry into force on: March 20, 1951
Last change by: Art. 4 G of 5 December 2014
( Federal Law Gazette I, p. 1962 )
Effective date of the
last change: 		December 13, 2014
(Art. 6 G of December 5, 2014)
GESTA : C002
Please note the note on the applicable legal version.

The German Residential Property Act (WEG, more rarely WoEigG) of 15 March 1951 governs the event of a corresponding formal division of a plot by partition deed the property to the individual dwellings or buildings ( residential property ), not over residential purposes used rooms or areas ( partial ownership ) and the common ownership of the common building or property.

Emergence

The German Civil Code (BGB) does not recognize ownership of real parts of a building and, in terms of property law, assigns all buildings erected on a property as essential components of the property exclusively to the owner of this property ( Section 94 BGB), so that there is no independent property in buildings, and certainly not in individual apartments Property can exist. The regulations of the BGB therefore turned out to be too inflexible. After the Second World War, the need for living space forced us to find ways in which people looking for living space could participate in its financing, but at the same time receive real equivalent value as owners. This possibility was created by law in 1951.

content

The Condominium Act regulates in particular:

Since the amendment of numerous regulations on July 1, 2007, the general regulations of ordinary jurisdiction i. S. v. ( § 13 GVG), so now primarily the regulations of the civil procedure code and no longer those of voluntary jurisdiction .

Since then, the partial legal capacity of the community of homeowners , which was already expressed by the case law, has now been expressly regulated in Section 10 (6) WEG.

The right of ownership is differentiated in accordance with § 1 WEG in residential property, individual property and joint property.

Reform of the WEG

In 1973 and 2007 the WEG was reformed. In the 2018 coalition agreement, the Union and the SPD agreed: "We will reform the regulations of residential property law and harmonize them with tenancy law in order to facilitate the preparation and implementation of decisions by apartment owners on structural measures, particularly in the areas of accessibility, energy-efficient renovation, promotion of electromobility and burglary protection . "

At the spring conference on June 6 and 7, 2018, the justice ministers decided to set up a working group that is open to all countries. The Federal Ministry of Justice and Consumer Protection (BMJV) and the Bavarian State Ministry of Justice (BStMdJ) chair it. Both ministries worked out drafts for discussion in advance: the BMJV for a “law to promote accessibility and electromobility in tenancy and residential property law”, the BStMdJ for a “law for sustainable residential property”.

On March 23, 2020, the Federal Cabinet passed the draft of the Apartment Modernization Act (WEMoG) submitted by the Federal Minister of Justice and Consumer Protection. On May 15, 2020, the Federal Council gave its opinion on the draft law and proposed additions. On May 27, 2020, the experts in the legal committee of the Bundestag submitted their divergent opinions. Disadvantages due to a shift of powers from the owners to the administrations are feared.

See also

literature

  • Johannes Bärmann (greetings): Apartment ownership law. Law on home ownership and permanent residence. Comment. 12th edition, C. H. Beck, Munich 2013, ISBN 978-3-406-64274-6 .
  • Johannes Bärmann (first name), Eckhart Pick: Condominium Law. Law on home ownership and permanent residence. Commentary with supplementary volume. 19th edition, C. H. Beck, Munich 2010, ISBN 978-3-406-60014-2 .
  • Bärmann, Seuss: Practice of home ownership. Manual. 5th edition, C. H. Beck, Munich 2010, ISBN 978-3-406-48347-9 .
  • Stefan Hügel: The new condominium law. In: DNotZ . Vol. 2007, Vol. 1, pp. 326-360.
  • Georg Jennißen: Condominium Act. Comment. 2nd edition Cologne 2010, Otto Schmidt, ISBN 978-3-504-45073-1 .
  • Georg Jennißen: The development of residential property law in 2011 (previous article : … in 2010. NJW 30/2011, 2175), NJW 30/2012, 2164.
  • Horst Müller (Hrsg.): Beck'sches form book apartment property law. 2nd edition, Munich 2011, C. H. Beck, ISBN 978-3-406-61075-2 .
  • Palandt -Bassenge: Civil Code. Commentary on the German Civil Code with subsidiary laws. Here: Commentary of the WEG, 70th edition, Munich 2011, ISBN 978-3-406-61000-4 .
  • Michael Timme (Ed.): Apartment Ownership Act. Law on home ownership and permanent residence. Comment. C. H. Beck, Munich 2010, ISBN 978-3-406-60452-2 .

Web links

  • Condominium Act. Legal text atjurisin the current version.
  • WEGuaÄndG , amendments of March 26, 2007, Federal Law Gazette I p. 370; last amended by Article 4, April 13, 2007, Federal Law Gazette I p. 509.
  • Condominium Act of March 15, 1951. Historical-Synoptic Edition, 1951–2007. All versions since the entry into force with period of validity and synopsis.
  • Case law on the Condominium Act. Thematically arranged collection of highest court case law (guiding principles) on the Condominium Act.

Individual evidence

  1. ^ Union and SPD: coalition agreement 2018. March 12, 2018, accessed on November 13, 2018 (German).
  2. ^ Federal Ministry of Justice and Consumer Protection: Discussion draft of a law to promote accessibility and electromobility. Federal Ministry of Justice and Consumer Protection, accessed on November 13, 2018 (German).
  3. ↑ Bavarian State Ministry of Justice: Discussion draft for a law for sustainable housing in residential property. Bavarian State Ministry of Justice, accessed on November 13, 2018 (German).
  4. ^ Federal Ministry of Justice and Consumer Protection: Legislative process reform of the WEG. Federal Ministry of Justice and Consumer Protection, accessed on November 13, 2018 (German).
  5. ↑ Draft law of the federal government, draft of a law for the promotion of electric mobility and for the modernization of the residential property law and for the change of cost and land register regulations (apartment property modernization law - WEMoG)
  6. ^ WEG reform: This is how the Federal Council reacted. Deubner Recht & Praxis, May 2020, accessed on June 7, 2020 (with wording of Federal Council resolution and committee recommendation).
  7. ↑ Experts assess the draft for a new WEG differently. Haufe, May 27, 2020, accessed on June 7, 2020 (with wording of the statements).
  8. ↑ Heribert Prantl: No participation is desired. Süddeutsche Zeitung SZ.de, June 7, 2020, accessed on June 7, 2020 .