Certificate of Completion

Certificate of Separation - The certificate of separation is an official confirmation from the competent building authority that the apartments or other rooms in a building are structurally sufficiently separated from one another and can be used independently. Pursuant to Section 3 of the Condominium Act (WEG), it is a mandatory prerequisite for the establishment of condominium and fractional ownership.

Significance and Legal Basis

The certificate of separation ensures that every apartment or commercial unit in a multi-family building can be used as a self-contained unit. Specifically, separation means that the unit is structurally separated from other apartments and rooms by walls and ceilings, has its own lockable entrance, and is equipped with essential amenities such as a kitchen, bathroom, and toilet within the unit.

Without this certificate, no notary can notarize a declaration of division, and no land registry office can create apartment land registers. The certificate of separation thus constitutes the formal starting point for the division of a building into individual units of separate ownership. It is submitted together with the division plan, which graphically depicts the exact boundaries of each unit and assigns them consecutive numbers.

The application is filed with the lower building authority; in Bavaria, this is the Building Regulations Office of the respective city or the District Office. The property owner or a person authorized by the owner is eligible to file the application. The application must generally be accompanied by a site plan, floor plans of all stories with the units numbered (division plan), and a building description. The authority reviews the construction documents to determine whether the individual units meet the requirements for self-contained units.

Division Plan and Declaration of Division

The division plan is inextricably linked to the certificate of self-contained units. It is prepared by an architect or surveyor and shows, in scaled floor plans, the location and extent of each individual unit of separate ownership as well as the common property. Each unit is assigned a sequential number, which is later recorded in the land register.

Based on the certificate of separation and the division plan, the declaration of division is notarized. It specifies which parts of the building are individual ownership and which are common property, and defines the co-ownership shares. These co-ownership shares (MEA) determine, among other things, the distribution of costs within the condominium association (WEG). The community rules, which are often drafted as part of the declaration of division, govern the rights of use and coexistence within the community.

Requirements for Self-Containment

The building authority reviews several criteria to confirm self-containment:

• Structural Separation: Complete separation of the units by walls and ceilings without openings that allow direct access to an adjacent unit
• Private Access: Each residential unit must have its own lockable entrance that is directly accessible from a common area (stairwell, hallway) or from the outside
• Sanitary facilities: A bathroom/shower and toilet must be located within the unit
• Cooking facilities: A kitchen or kitchenette within the unit

Not every type of room can be considered a separate unit: Storage rooms or basements without their own entrance door or without the ability to lock them do not meet the requirements and therefore cannot be designated as separate units.

Practical Tip for Nuremberg and the Metropolitan Region

In Nuremberg, the City of Nuremberg Building Authority (Bauhof 2) is responsible for issuing the certificate of separation. Based on experience, the processing time is four to eight weeks, depending on the complexity of the project and the current workload. The fees are based on the number of units and start at around 100 to 200 euros per unit for smaller properties.

Those planning in the Nuremberg area should contact the relevant district office, such as in Fürth, Erlangen-Höchstadt, or Nürnberger Land. We recommend having the floor plan drawn up early on by an experienced architect and coordinating it with the authorities before submission to avoid additional requirements and delays. Especially in older existing buildings in Nuremberg’s Wilhelminian-style neighborhoods such as Gostenhof or St. Johannis, the structural conditions may differ from modern standards-it pays to clarify this with the building code office in advance.

Frequently Asked Questions About the Certificate of Separation

When is a Certificate of Separation required?

A Certificate of Separation is always required when a building is to be divided into individual condominium or partial ownership units. This applies to new buildings sold as condominiums from the outset, as well as existing buildings that are subsequently converted into condominiums. Even for existing buildings where only rental agreements have existed to date, the certificate is a prerequisite for the initial establishment of condominium ownership.

Can a certificate of separation be denied?

Yes. The authorities will deny the application if the structural requirements for separation are not met, such as in cases of missing partition walls, lack of private access, or insufficient sanitary facilities within a unit. In such cases, structural modifications must first be made before a new application can be submitted. Sometimes it is sufficient to close off a passageway or install a lock on a door-these measures must also be coordinated with the building authority in advance.

How long is the certificate of separation valid?

The certificate of separation is generally valid indefinitely. However, it loses its validity if subsequent structural changes are made that eliminate the separation of the units, for example, by removing load-bearing partition walls or combining units. In such cases, a new certificate must be applied for. If a condominium complex is already fully registered in the land registry, the certificate loses its practical significance for subsequent changes in ownership.

What costs and timeframes should be realistically planned when converting a rental building into condominiums in Nuremberg?

Anyone wishing to convert an existing rental building in Nuremberg into condominiums must plan for several steps with realistic timeframes and cost estimates. The preparation of the floor plan by an architect typically costs between 1,500 and 4,000 euros, depending on the building’s size and complexity. The certificate of separation itself costs around 100 to 200 euros per unit at the Nuremberg Building Authority; for a five-unit building, the administrative fee thus ranges from 500 to 1,000 euros. The notarial certification of the declaration of division and the community rules is based on the market value of the property and amounts to approximately 1,500 to 2,500 euros for a medium-sized Nuremberg apartment building (market value 1,000,000 euros). In addition, there are land registry fees for the creation of the individual apartment land registers. Overall, for the entire conversion process of a typical Nuremberg apartment building with five to eight units, you should budget for total costs of 5,000 to 12,000 euros and a process duration of three to six months-from commissioning the architect until all apartment land registers are available. In historic buildings or those with complex floor plans, the process may take longer.

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