An apartment right is created by dividing (splitting) the ownership of real estate into two or more parts and assigning the exclusive right of use of private areas. Examples include a large complex with retail units and/or apartments with individual dwellings. All owners of the apartment own the property collectively.
If (a part of) a building has not been divided into apartment rights, we can arrange this for you. We draw up a so-called deed of division and ensure the corresponding division drawing is submitted at the Land Register. This plan clearly indicates the boundaries between the apartments and common areas, and is submitted to the Land Register along with the deed of division.
An important part of the deed of division is the division regulations. This deed establishes the obligations and code conduct established for the owners. These regulations, which are usually based on model regulations, include - for example - the fractional parts of several apartment rights, the costs which are apportioned among all apartment owners and the costs which are to be borne individually.
We can divide existing buildings as well as buildings still to be realised into apartment rights. Any mortgage holders or those with limited rights should grant consent or cooperation to a proposed division. Involve us as early as possible in case of a division in apartment rights so we can think along with you and can provide you with advice.
An apartment right is transferrable. When transferring an apartment, the new owner will be included in the records of the owners’ association. This means the new owner is responsible for the (monthly) contributions and invited to the regular meetings.
Among other things, we can provide advice on and guidance with:
- drafting a deed of division and division drawing;
- submitting the division drawing to the Land Register. The plan must be approved and a complex number must be determined;
- subdivision. A person who owns one or several apartment rights can divide these apartment rights anew.
- requesting a division permit from the council(which does not apply to all councils).
Examples of recent questions sent to our solicitors:
- What costs are the responsibility of the Vereniging van Eigenaren (VvE) [Homeowner’s Association] and who takes care of the building’s maintenance?
- May I sublet my apartment?
- Can the Vereniging van Eigenaren (VvE) [Homeowner’s Association] be allowed to impose restrictions on the use of my private section?
- Is a reserve fund mandatory and who can use it?
- How does an audit committee function?
- Can I assign a power of attorney?
- Can a meeting be held if not enough members are present?
- Can the arrears of regular contribution be settled at the transfer of the apartment rights?
- How can the deed of division be changed?
- Should the Vereniging van Eigenaren (VvE) [Owner’s Association] be registered with the Chamber of Commerce?