The Procedure for Dividing into Apartment Rights: From Start to Deed

Dividing a building into apartment rights is a precise process that ensures each owner’s rights and obligations are legally defined. But how does it work, and what should real estate agents know about it?

What is division?

When a building is divided into apartment rights, each owner gains exclusive rights to a specific part of the property, such as an apartment, while also becoming co-owner of shared areas like the roof or entrance.

Steps in the division process

1. Owner preparation: The building owner decides which parts remain common and which are private, to be outlined in the deed of division.
2. Drafting the deed of division: A notary creates a legal document detailing the property’s division, ownership shares, and rules for use and maintenance.
3. Creating a division plan: A drawing accompanies the deed, clearly marking private and common areas.
4. Registration in public records: The deed is registered in the land registry to make it legally binding.

What’s important for agents?

• Review the deed of division: Agents must understand what is being sold—not just the apartment but also a share in the common areas.
• Educate clients: Explain that the deed governs their rights and obligations, which can impact the property’s value and usability.

Common issues

• Incorrect division plan: Always ensure the physical property matches the legal documentation.
• Confusing ownership shares: These determine costs and voting rights in the HOA. Errors can cause disputes.