Allocation Plan

Plan of Division - The plan of division is a construction drawing signed and sealed by the building authority that shows the division of a building into individual units and common property. Along with the declaration of division and the certificate of separation, it is a mandatory requirement for establishing condominium ownership under the Condominium Act (WEG). Without a valid partition plan, the land registry office cannot create individual property records.

Content and Requirements

Pursuant to Section 7(4)(1) WEG, the partition plan must graphically depict the division of the building into individual units of exclusive ownership and common property. Each unit is assigned a sequential number, which must correspond to the numbering in the declaration of division and in the land register.

The architectural drawing typically includes floor plans of all levels (basement, ground floor, upper floors, attic), cross-sectional drawings, and, if necessary, elevations of the building. The individual units of exclusive ownership are color-coded or clearly demarcated from one another. Typically, the residential units are labeled with a number and the suffix “W” (apartment), “T” (partial ownership, e.g., commercial), or “G” (garage/parking space).

The plan is drawn to a scale of 1:100 and must comply with the requirements of the applicable state building code. It must be detailed enough to clearly identify the boundaries of the individual units-that is, where an apartment ends and the common property begins. Windows, doors, load-bearing walls, and utility lines are shown to make the boundaries clear.

Checklist: What must be included in the unit layout plan?

A complete, approvable unit layout plan contains:

• Floor plans of all floors, including the basement and attic, on a scale of 1:100
• Consecutive numbering of all individual ownership units (W1, W2, T1, G1, etc.)
• Color-coding of the individual units
• Depiction of all load-bearing and non-load-bearing walls
• Marking of windows, entrance doors, and apartment entry doors
• Identification of common property (stairwell, hallway, utility rooms)
• Stamp and signature of the building authority
• Numbering consistent with the declaration of division

Interplay with the Declaration of Division and Certificate of Separate Ownership

The division plan is inextricably linked to two other documents. The declaration of division describes in writing which parts of the building constitute separate ownership, which constitute common property, and which exclusive use rights (e.g., for garden areas or parking spaces) exist. The division plan is the graphical representation of this description-inconsistencies between the two documents can cause significant legal problems.

The Certificate of Self-Containment (Section 3(2) WEG) is issued by the building authority and confirms that the individual residential units are self-contained-that is, they have their own entrance, a kitchen or kitchenette, a bathroom, and a toilet. Without a Certificate of Self-Containment, no condominium ownership can be established.

Upon land registry entry, the declaration of division and the division plan are attached to the land registry. Each unit of separate ownership receives its own land registry page with a reference to the co-ownership share in the common property. The numbering from the division plan appears permanently in the land registry-making any changes a complex process.

Division Plans for Older Buildings - Special Challenges

In older buildings in Nuremberg-particularly in the Südstadt, St. Johannis, or Gostenhof districts-division plans were often drawn up in the 1970s and 1980s when the buildings were converted into condominiums. Since then, floor plan changes have been made in many properties that were not subsequently updated:

• Merging of apartments: Two units were combined into one - but they still exist as separate units in the land register
• Attic conversion: A former attic space was converted into a residential unit and must be registered as new separate ownership
• Relocation of interior walls: Partition walls have been moved-potentially shifting the boundary between individual ownership and common property

If the actual condition does not match the division plan, legal issues arise regarding management decisions, cost allocation, and resale. A correction requires the consent of all owners and, as a rule, a new certificate of separation.

Practical Tip for Nuremberg and the Metropolitan Region

When purchasing a condominium in the Nuremberg metropolitan region, we recommend carefully comparing the division plan with the actual on-site construction situation. Request the division plan during the viewing and compare it with the actual floor plan. In older buildings, structural deviations that have developed over the decades are common.

If the actual condition does not match the floor plan, this can lead to legal problems-particularly regarding whether a specific room belongs to individual ownership or common ownership. Updating the floor plan requires the consent of all owners and a new certificate of separation. If in doubt, consult a lawyer experienced in the German Condominium Act (WEG) before purchasing.

Frequently Asked Questions

Where can I obtain the floor plan for a condominium?

The floor plan is filed as an attachment to the land register at the relevant land registry office. Owners and authorized third parties (e.g., prospective buyers with the owner’s power of attorney) may inspect it there or request a certified copy. Generally, the WEG management also provides the division plan upon request. At the Nuremberg Local Court, authorized persons may inspect the land register in person or, in some cases, in writing. The cost for a certified copy is a few euros per page. As part of the preliminary purchase negotiations, the division plan is among the documents that sellers or real estate agents typically provide to prospective buyers.

Can the division plan be amended retroactively?

Yes, an amendment is possible, but it requires a multi-step process: First, all affected owners must consent to the change. Then, a new certificate of separation must be obtained from the building authority. Finally, a notarized addendum to the declaration of division must be drawn up and registered with the land registry office. Typical reasons for changes include the consolidation or division of residential units, the conversion of the attic into a new residential unit, or the reclassification of partial ownership into condominium ownership. The entire process generally takes three to nine months and incurs costs for the notary, land registry office, and building authority typically ranging from 1,500 to 5,000 euros.

What happens if the division plan is incorrect?

An incorrect division plan-for example, with incorrect room numbering, unclear boundaries, or rooms not marked on the plan-can lead to significant disputes among owners. In case of doubt, the declaration of division is considered the overriding document, as it constitutes the legally binding text. If the division plan and the declaration of division contradict each other, the parties’ intentions regarding the division must be determined on a case-by-case basis through interpretation. If no clear interpretation can be found, a court ruling is required-a time-consuming and costly process. We therefore recommend identifying and addressing any ambiguities before the purchase.

Back to the Real Estate Glossary.