Common property

Common Property - According to Section 1(5) of the German Condominium Act (WEG), common property includes all parts of the land and the building that are not held as separate ownership by individual condominium owners and therefore belong to the condominium association as a whole.

What constitutes common property?

The Condominium Act (WEG) makes a fundamental distinction between individual ownership and common property. Common property includes all building components that are necessary for the existence and safety of the building or that serve the common use of the building. This includes, in particular, the property itself, the roof, the facade, load-bearing walls and ceilings, the stairwell, elevators, the central heating system, utility lines up to the point where they branch off into individual units, and windows in their external design.

Even areas used only by individual owners may be considered common property. A balcony, for example, is considered common property in terms of its structure-that is, the floor slab, railing, and waterproofing-while the flooring and the interior side of the railing may be considered individual property. The same applies to windows and apartment entrance doors: the exterior design is common property, while the interior side is individual property.

The exact demarcation is determined by the declaration of division and the allocation plan, which are filed with the land registry office. In practice, disputes often arise regarding the classification of individual building parts, such as terraces, gardens, or parking spaces. In such cases, a right of exclusive use may be granted, allowing an owner to use a common property area exclusively without changing the ownership structure.

Maintenance and Cost Allocation

The maintenance and repair of the common property is the responsibility of the entire condominium association. The costs are distributed among the individual owners according to co-ownership shares (MEA), unless the declaration of division or a resolution of the owners’ meeting provides for a different allocation formula. For major projects-such as roof renovation or facade renewal-the owners’ meeting must pass a proper resolution.

Since the 2020 WEG Reform, every association is also required to establish an adequate maintenance reserve (formerly known as the maintenance fund). For existing buildings, we generally recommend a reserve of at least 10 to 15 euros per square meter of living space per year to ensure that even extensive renovations can be funded without special assessments.

Structural Changes to Common Property

The 2020 WEG reform has expanded the options for structural changes: Structural changes can now be decided by a simple majority-previously, unanimity or a qualified majority was required in many cases. Important to note: Owners who did not approve the measure may not be denied its use, but they bear the costs only if they approved the measure or benefit from it.

This is particularly relevant for measures such as:

• Installation of charging infrastructure for electric vehicles (wall boxes in underground garages)
• Accessibility measures (ramps, elevators, level-access entrances)
• Photovoltaic systems on the common roof
• Broadband connections and modern telecommunications infrastructure

Practical Tip for Nuremberg and Franconia

The Nuremberg metropolitan region is home to numerous condominium complexes from the 1960s and 1970s, such as those in Langwasser, Schweinau, or Eibach, where the distinction between common property and individual ownership is often imprecisely defined in the declarations of division. When purchasing a condominium, we recommend carefully reviewing the declaration of division and the collection of resolutions from previous years.

A look at the amount of the maintenance reserve provides insight into whether the community is in good financial standing or if a costly special assessment is looming. Especially in older buildings in Nuremberg and Fürth, renovations to the roof, facade, or heating system are frequently due, which can quickly reach five-figure amounts per unit. We provide our buyers with all relevant WEG documents prior to the purchase offer and transparently explain potential risks.

Frequently Asked Questions

What is the difference between common property and individual property?

**Individual ownership encompasses the interior spaces of an apartment itself-that is, interior walls, floors, and ceilings, provided they are not load-bearing-as well as associated components such as plumbing fixtures or interior doors. Common property, on the other hand, encompasses everything that serves the building as a whole: the load-bearing structure, roof, facade, stairwell, utility lines, and the land. This distinction is defined in the declaration of division.

Who pays for repairs to common property?

The costs for maintenance and repair of the common property are borne jointly by all apartment owners, generally on a pro-rata basis according to their co-ownership shares. Funding comes either from the ongoing maintenance reserve or-in the case of unforeseen or particularly high costs-via a special assessment approved by the owners’ meeting. An individual owner may not carry out work on the common property on their own initiative.

May I make changes to the common property?

Structural changes to the common property generally require a resolution by the owners’ meeting. Since the 2020 WEG reform, a simple majority is sufficient for this, although the owner making the changes bears the costs alone unless all owners benefit from the measure. Unauthorized changes-such as enclosing a balcony with glass or installing an awning-may be reclaimed by the community.

What should the minimum maintenance reserve be?

The minimum guideline is 8 to 15 euros per square meter of living space per year. For older buildings (built before 1980) or buildings with foreseeable renovation needs, it should be closer to 15 to 25 euros. When purchasing a condominium, the reserve fund per unit should be at least half of the annual maintenance costs. An insufficiently funded reserve is a warning sign-it means that future renovations will have to be financed through special assessments.

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