Administrator's approval

Administrator’s Consent - Administrator’s consent is the consent of the WEG administrator required under § 12 WEG for the sale of condominium ownership, provided that this requirement was agreed upon in the declaration of division.

Legal Basis and Significance of Administrator’s Consent

Administrator consent is not required for every condominium unit. It only applies if the declaration of division contains a corresponding restriction on sale pursuant to Section 12 of the WEG. In practice, this is the case for the majority of residential complexes in Germany-particularly those that were divided prior to 2010. The purpose of this provision is to protect the owners’ association: The association should be able to ensure that a new owner does not pose a significant financial or personal burden on the association.

The administrator must grant consent in writing before the transfer of ownership can be completed in the land registry. Without the administrator’s consent, the land registry office will refuse to register the new owner. This makes the administrator’s consent a real bottleneck in the purchase process: If consent is delayed, the transfer of ownership is also postponed, and with it, potentially, the due date for the purchase price.

The administrator may not arbitrarily refuse consent. The law stipulates that refusal is permissible only for an important reason. An important reason includes, for example, if the purchaser is demonstrably insolvent, has already accumulated significant maintenance fee debts in another condominium association, or a serious violation of the community rules is to be expected. Personal reservations or subjective assessments by the property manager, on the other hand, are not sufficient.

Timeline of the Sales Process

The timeline is crucial in the sales process. The administrator’s consent must be obtained between the notarization of the purchase agreement and the land registry entry. The notary typically requests the administrator’s consent in writing after the notarization. If the administrator does not respond within a reasonable period (usually two to four weeks) or refuses consent without good cause, the seller or buyer may have the consent replaced by a court. The competent local court then examines whether there is a valid reason for refusal and, if necessary, issues a replacement decision.

In individual cases, the administrator may also make consent contingent upon the submission of documents-such as a Schufa credit report for the buyer or proof of equity. These requirements must be reasonable; excessive scrutiny of the purchaser is not permitted.

Costs and Practical Handling

The costs for the administrator’s consent vary. Many management contracts stipulate a fee of between 150 and 500 euros, which the manager charges for the review and approval. Who bears these costs-the buyer or the seller-should be clearly stipulated in the purchase agreement. It is customary for the seller to cover the costs, as they are the one initiating the sale. In some purchase agreements, the buyer is required to bear the costs-this is also valid, but should be expressly agreed upon.

In practice, it is advisable to inform the property manager of the planned sale at an early stage-ideally even before the notarization. This allows for better control of the timeline and helps avoid delays in the transfer of ownership. Most property managers grant approval within one to three weeks, provided there are no concerns and all necessary documents are available.

Exceptions: When is approval not required?

Not all transfers of ownership in condominium properties require the property manager’s consent. Inheritance: The transfer of ownership by operation of law does not require consent-the heir automatically assumes the position of the decedent. Foreclosure auction: Here, too, the property manager’s consent is not required; the court’s award supersedes all legal requirements for consent. Gift and anticipated succession: This constitutes a sale within the meaning of Section 12 of the German Condominium Act (WEG), so the property manager’s consent must be obtained.

Practical tip for real estate sales in Nuremberg and Franconia

When selling a condominium in Nuremberg and the Franconia metropolitan region, we regularly find that the administrator’s consent is underestimated in the sales process. Especially in larger residential complexes in Nuremberg neighborhoods such as Maxfeld, Galgenhof, or St. Johannis, restrictions on sale are common in the declaration of division.

We advise sellers to review the declaration of division before marketing the property and to contact the property manager. This helps prevent the approval from becoming a bottleneck in the sales process-for example, because the property manager is on vacation or requests additional documents that must first be obtained. In our consultation, we clarify early on whether administrator consent is required and guide you through the entire process up to the land registry entry.

Frequently Asked Questions About Administrator Consent

Does administrator consent also apply to gifts or inheritances?

In the case of an inheritance, the property manager’s consent is not required, as the transfer of ownership occurs by operation of law. In the case of a gift, however, this constitutes a sale within the meaning of Section 12 of the German Condominium Act (WEG), so the property manager’s consent must be obtained if the declaration of division so provides. The same applies to a purchase in the context of a foreclosure auction-here, consent is also not required, as the local court’s award decision supersedes all contractual consent requirements.

What can I do if the property manager refuses to give consent?

First, you should request in writing that the administrator specifically state the reasons for the refusal. If there are no compelling reasons, you can apply to the competent local court for judicial substitution of the consent. The court typically decides within a few weeks. If the application is successful, the costs of the proceedings are borne by the community. In Nuremberg, the Nuremberg Local Court has jurisdiction.

How long does it take to obtain the property manager’s consent?

Experience shows that it takes between one and three weeks if the property manager is informed early on and there are no objections. In more complex cases-such as when the property manager requests additional documents or there are disagreements within the community regarding the buyer-it can take four to six weeks. We recommend contacting the property manager no later than the time the purchase agreement is notarized to avoid delays in the transfer of ownership.

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