Real estate
Division into apartment rights
separate apartment rights.
Division into apartment rights: legally well arranged
Do you want to divide a building into apartment rights? Has a rooftop extension or roof terrace, for example, been built, meaning the deed of division needs to be amended? Or do you plan to buy an apartment and want to know exactly how the division is arranged? We are happy to guide you through the entire process.
Dividing a building into apartment rights is a legal act that must be carried out carefully. A building is divided into several independent units, with each owner receiving the exclusive right of use of a private section, such as a home, retail space, garage or office.
Think, for example, of:
- apartment complexes;
- apartment buildings;
- buildings with retail and residential units.
After the division, an apartment right is created for each separate unit. At the same time, all apartment owners remain joint owners of the common parts of the building, such as the roof, the facade, the lift or shared spaces.
Owners' Association
A division into apartment rights automatically creates an Owners' Association (Vereniging van Eigenaren, VvE). All apartment owners are jointly responsible for the management, maintenance and preservation of the building and the common areas.
The VvE arranges, among other things:
- the maintenance of the building;
- the joint insurance;
- the allocation of shared costs;
- the setting aside of reserves for future maintenance.
When you buy an apartment, you automatically become a member of the VvE.
The division regulations
An important part of the deed of division is the division regulations (reglement van splitsing). These record the rights, obligations and agreements between the apartment owners.
These regulations state, for example:
- which parts are private and which are communal;
- how costs are divided between owners;
- which maintenance costs are borne jointly;
- the fractional shares of the apartment rights;
- rules for the use of the building.
The regulations are often based on an existing model regulation, but can be adapted to the specific situation.
Our guidance
A division into apartment rights involves a great deal. We are happy to help you with every step of the process, including:
- drawing up the deed of division;
- having a division drawing made;
- submitting the division drawing to the Land Registry (Kadaster);
- approval by the Land Registry and obtaining a complex number.
With expert guidance you avoid delays and can be sure that the division is recorded in a legally correct manner.
What can we do for you?
Frequently asked questions
The purchase agreement contains the agreements made between seller and buyer regarding the sale. Think of the purchase price, the date of transfer and any conditions subsequent.
The deed of transfer is drawn up by the notary and effects the legal transfer of ownership. After signing at the notary on the date of transfer, it is registered with the Land Registry. After registration with the Land Registry, you have officially become the owner of the home.
The notary may only pay out the funds once all documents have been correctly processed by the Land Registry. The average processing time at the Land Registry is two working days.
In addition to the amount you borrow, the deed includes an increase for interest and costs. This serves as security for the bank. In the event of a forced sale, they can then also recover their costs. A so-called increased registration may also be included in the deed. This allows you, for example, to borrow more in the future for a renovation without having to go back to the notary.
You do not pay interest on the increased amount. You only pay interest on the amount actually borrowed. In a forced sale, the bank cannot claim more than the amount you actually borrowed plus the costs incurred.
