Understanding the deed of division: what may you do, and what not?
The deed of division is the constitution of your apartment building. It determines what is yours, what belongs to the association, and what you may do with your own home.
In short
- The deed of division splits the building into private parts and communal parts.
- The deed also contains the fractional shares, which determine your share of the costs and your voting rights.
- The division regulations govern day-to-day matters: letting, pets, floors, renovations.
- Amending a deed of division requires a notarial deed and in principle a qualified majority, do not count on it being quick.
What is a deed of division?
When a building is divided into apartment rights, the notary records in a deed how the building is split up legally. That deed contains the drawings (which space belongs to which apartment), the fractional shares (your stake in the community) and a reference to the division regulations. Together they form the rules every owner has to abide by, you too, the moment you sign.
Private or communal?
This is the question most disputes are about, and the answer is less obvious than you might think. Common grey areas:
- Window frames and glazing: often communal, even though they sit in your wall.
- Balconies and roof terraces: the structure is usually communal, the right of use private. Maintenance of the floor finish then often falls to the owner again.
- Pipework: the main pipe communal, the branch to your home private.
- The heating installation: communal with a collective system, private with an individual boiler.
Why it matters: with a leak or a crack, this split determines who gets the bill. For communal parts the association pays (and therefore everyone contributes); for private parts you pay alone.
The division regulations: where the house rules live
Most deeds refer to a model set of regulations (from 1992, 2006 or 2017, for example), with additions on top. Look specifically at:
- Letting. May you let the property, and if so on what terms? Some regulations prohibit short-stay letting or require the board's consent. Important if you ever want to move without selling.
- Floor coverings. Many regulations require a minimum level of sound insulation or prohibit hard floors without an exemption. This is the most underestimated provision, a plan for a poured floor can founder on it.
- Renovations. Work on load-bearing structures or communal parts requires the meeting's consent.
- The exterior. Sun blinds, air conditioning units, satellite dishes, solar panels and even the colour of your window frames are often regulated.
- Pets and business use. If you want to work from home with clients visiting, check whether the regulations allow it.
The fractional shares
Every apartment right has a fractional share, 87/1000 for example. That figure determines three things: your share of the communal costs, your share in any one-off levy, and your voting weight in the meeting. Look up the fractional share for your apartment and work out what an investment of, say, €400.000 in facade renovation would mean for you. That is a more concrete number than "the association is considering a renovation", and also check whether the reserve fund can carry it.
What if the deed does not match reality?
It happens regularly: a storage room that belongs to another apartment according to the drawing, a roof terrace that does not appear at all, or a merged home whose fractional shares were never adjusted. This is not automatically a problem, but it is something to sort out before the purchase, amending a deed of division requires a notarial deed and the cooperation of the meeting, and that can take a long time. Always put a discrepancy like this to the notary handling the transfer.
This article gives general explanation. For the meaning of a specific provision in your own deed, the notary is the right party to ask.
Frequently asked questions
Where do I find the deed of division?
The deed is recorded in the public registers and can be requested from the Land Registry (Kadaster). In practice the selling agent or the association's manager supplies it as part of the VvE package.
May I lay a wooden floor in my apartment?
That depends on the division regulations. Many set a requirement for impact sound insulation or require the meeting's consent for hard floors. Check this before you buy if you have renovation plans.
Can a deed of division be amended?
Yes, but it is a heavy procedure: it needs a decision of the meeting with a qualified majority, the cooperation of mortgage holders and a notarial deed. Do not assume an unwelcome provision can be changed quickly.
What is the difference between the deed of division and the house rules?
The deed of division and the division regulations are notarial and deal with ownership, costs and major rules. The house rules are adopted by the meeting and deal with day-to-day order, such as the use of communal areas. The house rules may never conflict with the deed.
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