Property Lexicon

Common property terms explained in English

Gemeinschaftsordnung (Community of owners rules)

This is usually part of the Teilungserklärung (see below).
It guides the relationship between the community of owners and the usage rights of the Gemeinschaftseigentum (share part of the house containing the apartments). Such rules might include a set of house rules (noise etc.) as well as guidelines about maintenance and administration of the building and the annual meeting of the owners (Eigentümerversammlung).

Instandhaltungsrücklage (Maintenance reserve)

This is a fund for maintenance and improvements of the building and is funded for by all the owners in the Gemeinschafteigentum through a part of their monthly Wohngeld (see below) payments.

Sondereigentum

That part of the building which is condsedered as your own private apartment.
It therefore excludes the shared parts with other owners in the building, such as the hallway, staircase, courtyard, outside walls, roof, etc. (These shared parts are referred to as the Gemeinschaftliches Eigentum)

Teilungserklärung (Declaration of division)

This is the division plan which shows how the various ownership parts of a building are separated between each apartment owner. It shows what parts are part of the shared Gemeinschaftliches Eigentum and which parts belong to each owner’s Sondereigentum. It can only be amended by notarial deed.

Wirtschaftsplan (Economic plan)

This is the economic plan for the Wohnungseigentümergemeinschaft (see below) for the coming year and is prepared by the administrator of the household. It contains the anticipated running costs (cleaning, heating, garbage removal, administrator costs, water supply, building insurance, administrator fee, etc.) as well as the funding of the maintenance fund. The total cost is divided between the owners of each apartment, partially on a floor space basis, in order to calculate each owners monthly Wohngeld amount.

Wohnfläche (Living area)

Calculations of the living area should be made according to the Wohnflächenverordnung (WoFIV). Examples of the measurement rules are that ancillary rooms such as cellars or attics are not included.
Balconies and terraces are counted for only a quarter of their floor area, or up to half in special cases.
Spaces with a clearing height of over meters can be counted for 100% of their floor area.
Spaces with a clearing height of between one and two meters can be counted for 50% of their floor area.
Spaces with a clearing height of less than a meter cannot be counted.

Wohngeld / Hausgeld (Common charge)

Owners of apartments must share in the running costs of the communal building and this is done through the monthly Wohngeld/Hausgeld payments. The amount is ascertained from the Wirtschaftsplan for the current year.

Wohnungseigentum (Owned apartment / Condo)

Usualy referred to as the Eigentumswohnung. This is the sum of the Sondereigentum (own private flat) plus share of the Gemeinschaftliches Eigentum (shared/common part of the building).

 

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