Buying an apartment

Buying an apartment

As a buyer of real estate that is part of a larger building, for example an apartment building, you buy an apartment right. This means that legally you actually purchase two things with the apartment right: a piece of co-ownership of the entire building and the right to use your home, the apartment.

Apartment rights can take different forms and do not only relate to the apartment itself. These rights can also be applicable to a park with holiday homes or a large complex with shops and homes.

 

In general, all apartment owners jointly own the entire building. As a co-owner, a resident may use all communal areas. These communal spaces are, for example, an inner garden, roof terrace, staircase or hall. There are also rules that all owners must adhere to. It is important to know in advance what the responsibilities of the owners are, what rules apply between residents and what the costs for the management of the common areas are.

Division of apartment rights

Apartment rights are created by dividing a building into smaller user spaces. Legally this is called division into apartment rights. The civil-law notary draws up a so-called deed of division and then registers it with the public registers of the Land Registry. One of the most important part of the division deed are the division regulations. These contains rules of conduct for owners and residents.

 

When purchasing an apartment you often receive three documents:

  • A deed of ownership;
  • A deed of division;
  • The division regulations.

Deed of ownership

A deed of ownership is proof of ownership of the apartment. The deed states who the buyer and seller are and the price of the apartment. It also includes any specific rights, such as the right of way and other easements.

Deed of division

An apartment right arises from a building that is divided into smaller user spaces. This is legally called a division into apartment rights.

 

A deed of division states what the private and communal parts of a certain building are. The division deed contains a division drawing showing the division of the complex. The deed of division and the division drawing are registered in the Public Registers of the Land Registry.

Division regulations

Another important part of the division deed are the division regulations. These contain rules of conduct for owners and residents, but also rules on how and how often the owners' association meets and with how many votes a decision in the owners' association is approved.

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Do you have any questions

You can always call one of our specialists during office hours if you have a question. You can reach us at our telephone number (040) 244 88 55. Of course you could also contact us by sending us a message. We are happy to help you and advise you on the best solution for your personal situation.

Jasmijn van de Wouw

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