Abgeschlossenheitsbescheinigung nach dem Wohnungseigentumsgesetz beantragen
Inhalt
Begriffe im Kontext
- Kauf und Verkauf von Immobilien, einschließlich aller Bedingungen und Pflichten im Zusammenhang mit der Besteuerung, dem Eigentum oder der Nutzung von Immobilien (auch als Zweitwohnsitz)
Fachlich freigegeben am
Fachlich freigegeben durch
- § Section 3 (3) of the German Condominium Act (WEG)
- § Section 7 (4) sentence 1 number 2 of the German Condominium Act (WEG)
- § Section 32 (1), (2) sentence 2 number 2 of the German Condominium Act (WEG)
- General Administrative Regulation for the Issuance of Certificates under the German Condominium Act (AVA)
You must apply for a certificate of separate ownership if a separate property is to be created or a permanent residential right is to be asserted.
If you establish separate ownership of an apartment or of rooms not used for residential purposes (e.g. commercial premises) or of a parking space, you will need a certificate of separate ownership. You will also need this if you wish to assert the right to permanently occupy a specific apartment in the building (permanent right of residence).
The certificate of segregation proves that
- an apartment is sufficiently structurally separated from other apartments or rooms or
- rooms not used for residential purposes (partial ownership) are closed off from other rooms.
Special ownership can also be established for parking spaces and parts of the property located outside the building, such as terraces or garden areas. Special ownership must be clearly defined by means of dimensions in the construction drawing / partition plan.
The certificate of separate ownership is issued by the responsible building authority after your documents have been checked.
- Application for a certificate of completion,
- Building drawing / partition plan (site plan, floor plans, sections and views),
- If the application is submitted in writing, the construction drawing / partition plan must be attached in duplicate, legible and to scale and must not exceed DIN A3 format.
- If the application is submitted electronically, the construction drawing / partition plan must be submitted as an electronic document that can be printed in A3 format.
- In the case of existing buildings, the construction drawing/subdivision plan must be an as-built drawing.
- Proof of ownership (current extract from the land register, purchase contract if applicable, current extract from the commercial register if applicable),
- current extract from the official real estate map
- You must prove that you are either the owner or heritable building owner of the apartments for which a certificate of seclusion is being applied for. Alternatively, you must provide credible evidence of your legitimate interest (e.g. purchaser).
- Separate ownership is deemed to be completed if
- it is structurally separated from other apartments or rooms, for example by walls and ceilings, and
- has its own lockable access directly from the outside, from a stairwell or a vestibule; the access must not lead via another separate property or via a neighboring property without real security.
- A self-contained apartment or self-contained rooms that are not used for residential purposes may include additional lockable rooms outside the respective closure (e.g. storage rooms in the basement).
- Parking spaces and parts of the property located outside the building (such as terraces and garden areas), to which separate ownership is also to be established, must be clearly defined by means of dimensions in the construction drawing/partition plan.
- You complete the application and submit it together with the required documents to the responsible building authority.
- The building authority will check your application and the documents.
- If all the requirements are met, the building authority will issue you with a certificate of completion together with a copy of the construction drawing / partition plan.
- Administrative court action (the certificate of completion is not an administrative act)
- A certificate of separate ownership is a prerequisite for the approval of the entry of separate ownership in the land register.
- The application for a certificate of separate ownership can be submitted by the owner, the heritable building right holder or any other person who can credibly demonstrate a legitimate interest (e.g. the purchaser)
- Responsible: Lower building supervisory authority
- Forms/ online services available: No
- Written form required: depends on state law
- Informal application possible: Yes
- Personal appearance necessary: No