MYHOME REAL ESTATE - THE ORIGINAL SINCE 2014
Anyone who owns a condominium in Nuremberg has full ownership rights to their individual unit-but not to everything inside their apartment. The distinction between individual property and common property is one of the most common sources of dispute in condominium associations (WEGs). With the 2020 WEG reform, the rules governing structural alterations were revised and clarified. Owners who are familiar with these rules can avoid costly disputes and renovate their units within the legally permissible framework.
The legal basis is the Condominium Act (WEG). According to Section 5 WEG, condominium ownership consists of individual ownership (enclosed living spaces plus individual ownership of a basement storage unit and parking space, if so designated) and the co-ownership share in the common property.
According to Section 5(2) WEG, common property includes the land as well as parts, facilities, and fixtures of the building that are not subject to individual ownership or owned by third parties. It is recognized in case law that, in particular, load-bearing walls, exterior walls, the roof, ceilings, foundations, stairwells, shared utility lines, and common areas are part of the common property-even if they are physically located within a unit.
Section 20 WEG (as amended) (WEG Reform 2020) revises the rules governing structural alterations to common property. Key points: Structural alterations require a resolution passed by more than two-thirds of the votes cast and more than half of the co-ownership shares (Section 20(1) WEG (as amended)). Priority measures (accessibility, burglary protection, charging stations for electric vehicles, high-speed internet) may be requested by any individual owner and require only a simple majority (Section 20(2) WEG, as amended). Costs for structural alterations are generally borne only by the owners who consented (Section 21(1) WEG, as amended).
The Nuremberg Local Court and the Nuremberg-Fürth Regional Court regularly handle disputes regarding the distinction between individual ownership and common property. The Federal Court of Justice (BGH) case law, particularly regarding the “window issue,” sets the standard for all of Germany.
Measures that exclusively concern individual ownership do not require a WEG resolution. Measures that concern common property or depend on it require a resolution. The following overview provides guidance:
| Measure | Individual Ownership? | Resolution Required? | Majority |
|---|---|---|---|
| Wallpapering, interior painting | Yes | No | - |
| New interior doors (not apartment entry door) | Yes | No | - |
| Removal of non-load-bearing wall | Yes | No (observe building code if applicable) | - |
| New kitchen (without new plumbing through common property) | Yes | No | - |
| Underfloor heating (involves common property ceiling) | Partially | Yes | Simple majority (repair) |
| Balcony glazing (affects exterior wall) | No | Yes | Double qualified majority |
| Charging station on own parking space | Partially | Yes (right to approval) | Simple majority |
| Roof terrace/skylight | No | Yes | Double qualified majority |
| Air conditioning (outdoor unit on facade) | No | Yes | Double qualified majority |
Source: WEG Act (as of WEG Reform 2020 + 2026 amendments), BGB, GNotKG table, Bavarian Justice Portal, Nuremberg/Fürth/Erlangen Land Registry, as of Q1/Q2 2026.
The cost-sharing rule under § 21 WEG (new version) is important for owners: If a structural alteration was not approved by all owners but is borne only by the consenting owners, the non-consenting owners are excluded from use (§ 21 (4) WEG (new version)). In practice, this provision is particularly relevant for elevator systems and balcony glazing structures.
In Nuremberg WEG practice, the following scenarios are particularly common causes of disputes:
Window Issue: According to prevailing case law and Section 5(2) of the WEG, windows are common property, even if they are located within the apartment. Individual owners may not replace windows on their own initiative without a WEG resolution. This repeatedly leads to conflicts, especially when individual owners consider the community to be too slow in making maintenance decisions. Anyone who violates this rule must remove the windows at their own expense or obtain retroactive approval from the WEG.
Balcony Fixtures: Balconies are part of the common property (railing, ceiling, floor as structural elements), even if the right of exclusive use belongs to the apartment owner. Glass cladding, awnings, or decking typically affect the common property and require a WEG resolution.
Utility Lines: Lines (water, heating, electricity) up to the entrance of the apartment are common property. Lines within the apartment that serve only that apartment are considered separate property under recent case law. The distinction is sometimes disputed on a case-by-case basis-particularly for lines that run through apartment walls and serve multiple apartments.
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Impact Sound Insulation: While removing old carpet and installing hardwood or tile flooring affects only the individual unit, it can alter the floor’s sound-insulating properties and disturb neighbors. The community bylaws or a resolution regarding house rules may stipulate minimum requirements for impact sound insulation. In Nuremberg’s Wilhelminian-style buildings, where the original wooden beam ceilings are particularly susceptible to sound transmission, this point is especially relevant.
Charging Station: The new privileged measure under Section 20(2)(2) of the WEG (as amended) has triggered numerous inquiries in Nuremberg. Owners are entitled to approval, but the WEG may prescribe technical standards. In practice, many WEGs commission an electrical contractor to develop an overall concept for the charging infrastructure to enable a coordinated installation.
Nuremberg has a significant stock of Wilhelminian-style buildings (1870-1914), particularly in neighborhoods such as St. Johannis, Gostenhof, Wöhrd, and Maxfeld. In these buildings, many apartments have been converted into condominiums. The unique aspect: Wilhelminian-style buildings often feature historic facade elements, stucco ceilings, and box windows, which are subject to special treatment under building codes or historic preservation laws.
For condominiums located within historic ensembles, the interplay between the Condominium Act (WEG) and historic preservation laws is particularly relevant. Anyone wishing to make structural changes to windows, facade reliefs, or historic doors requires not only a WEG resolution but also approval from the Lower Nuremberg Historic Preservation Authority (Nuremberg Building Authority). Both approvals are required independently of one another-a WEG approval does not replace the historic preservation approval.
The Nuremberg Building Authority also reviews whether a structural alteration requires a building permit. Not every alteration to a unit is exempt from a building permit-in particular, changes in use (e.g., adding a dormer window, combining two apartments) or modifications to load-bearing structures require a building permit. The costs of retroactive demolition in the case of unauthorized alterations regularly exceed the costs of obtaining a permit in a timely manner.
Structural changes to a unit-even if legally permissible without a WEG resolution-affect the market value. Modern upgrades such as open floor plans, high-quality bathrooms, and energy-efficient flooring increase the value. In contrast, unauthorized alterations that violate the declaration of division or building code requirements can reduce the value because buyers factor in the cost of demolition.
In the case of structural changes to common property that were implemented by a WEG resolution, the impact on the value of individual units varies: Those who voted for and paid for balcony glazing benefit from increased comfort and value. Those who did not consent bear no costs but also do not benefit from the aesthetic and functional advantages. In Nuremberg condominium associations, this sometimes leads to confusion during sales: A buyer sees a unit with a glazed balcony and asks whether they may use the balcony glazing-which, according to Section 21(4) of the WEG (as amended), applies only if they pay the proportionate costs of the original measure retroactively or contribute to them.
When determining market value, the Nuremberg Appraisal Committee takes into account the features of a condominium based on local comparative prices. An apartment in St. Johannis with a modernized floor plan, new windows (with WEG approval), and updated plumbing fixtures will fetch prices of €4,200-5,500/m² in 2025, while a comparable apartment in its original 1960s condition will range from €3,000-3,800/m².
The distinction between individual property and common property is not always apparent at first glance, but it has a decisive impact on what owners are permitted to do on their own. The 2020 Condominium Act reform reorganized the rules for structural changes to common property and facilitated privileged measures such as charging stations. Before undertaking any structural work that goes beyond painting your own four walls, you should consult the declaration of division and the community rules. When in doubt, it is better to obtain the WEG’s approval in advance than to have to carry out costly demolition afterward.
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If a condominium owner in Nuremberg has made a structural alteration to the common property without the required consent of the condominium association, the association has various rights.
The right to restoration: Under Section 1004 of the German Civil Code (BGB) in conjunction with Section 14 of the Condominium Act (WEG), the owners’ association may demand that the offending owner restore the property to its original condition. This claim is subject to a ten-year statute of limitations (Section 199 BGB). Restoration can incur significant costs-often exceeding the original renovation expenses.
Reimbursement of costs: If the unauthorized alteration causes damage (e.g., water damage due to modified plumbing), the party responsible is liable for all consequential costs.
Action for a resolution: As an alternative to restoration, the WEG may also pass a resolution granting retroactive approval of the measure-which then waives the requirement for prior consent. This is practical when the measure makes technical sense but the formal procedure was lacking.
When selling real estate, the issue of unauthorized alterations is particularly relevant: Buyers and their banks verify whether all significant structural alterations have been approved and documented. The absence of a WEG resolution for a renovation project is an obstacle to the sale that should be resolved before the transaction.
The 2020 WEG reform introduced an important change: Certain structural alterations are considered privileged and can be implemented by individual owners at their own expense, even if a majority of the community does not approve.
Privileged measures in Nuremberg WEGs include, in particular:
Accessibility: An owner may make access to the apartment barrier-free at their own expense-ramps, wider doors, handrails. The community must tolerate this but may have a say in the details of implementation.
Charging infrastructure for electric vehicles: The installation of a wallbox at one’s own parking space is privileged. The owner bears all costs but must coordinate the technical implementation with the property manager and, if necessary, an electrician.
Burglary protection: Measures such as security doors or burglar-resistant windows on the owner’s unit are privileged.
For these measures, a simple request to the property manager is sufficient-a homeowners’ meeting is not mandatory. The property manager cannot refuse the measure, but may help determine the implementation details (appearance, materials) within the framework of the community rules.
Compiled by the my-home.de editorial team in collaboration with regional real estate analysts. Data as of: Q1/Q2 2026.
Individual ownership includes the finished living space (floors, interior walls that are not load-bearing, interior plaster), the associated fixtures (floor coverings, interior doors, non-load-bearing partition walls), and fittings. Load-bearing walls, exterior walls, windows, the roof, the stairwell, and utility lines for common use, on the other hand, are common property.
No, provided that the kitchen remains entirely under individual ownership and does not affect any common property areas (exterior walls, utility shafts). The situation is different if new pipes need to be run through common property to connect the kitchen-this requires a resolution by the condominium association.
The removal of non-load-bearing interior walls within a unit of individual ownership is generally possible without a resolution by the condominium owners’ association, as it does not affect the structure of the common property. However, building codes (minimum floor plan, change of use if applicable) must be complied with, and the declaration of division may contain additional restrictions.
A repair addresses a defect and restores the property to its original condition-it is part of proper maintenance and requires only a simple majority. A structural alteration goes beyond the original condition (e.g., attic conversion, balcony extension, new patio) and is subject to the stricter majority requirements of § 20 WEG (as amended).
Yes. Under Section 20(2) of the Condominium Act (WEG), as amended, every owner is entitled to have a charging station installed on their parking space. The condominium association must give its consent, but may impose certain technical and aesthetic requirements. The costs are borne by the owner making the request.
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Note on content
This guide article serves as general information about the real estate market in Nuremberg and the surrounding region. It does not replace individual tax advice, legal advice, or expert valuation in specific cases. For binding information, please contact a tax advisor, attorney, or certified appraiser.
Market data, prices, and statutory provisions may change at short notice. Despite careful research, we assume no liability for the accuracy, completeness, or timeliness of the content.
Article as of March 12, 2026
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