Sondereigentumsanteile

Sondereigentumsanteile are the shares of a multi-unit property that assign to each owner a proportionate stake in the common property (Gemeinschaftseigentum) as well as the right to exclusive use of their own unit. In a building with Wohnungseigentum, every owner holds Sondereigentum in their own unit and a corresponding Sondereigentumsanteil in the shared property.

The legal basis and determination of Sondereigentumsanteile are set out in the division documents of the property, such as the Teilungserklärung (declaration of division) and Aufteilungsplan (property plan). In Germany, the Wohnungseigentumsgesetz (WEG) governs the relationship between unit ownership, common property, and the corresponding shares. In Austria a similar regime applies, while in Switzerland the concept exists in the form of Stockwerkeigentum or Miteigentumsanteile, with different specific rules.

Sondereigentumsanteile have several practical effects. They determine the voting rights of an owner in the homeowners’ association and the proportion of maintenance and operating costs for the common parts that each owner must bear. They also reflect the owner's share in the liability for the upkeep of the Gemeinschaftseigentum. While the size of a unit may influence the share, the Sondereigentumsanteil is a fixed value established in the division documents and not simply a reflection of floor area.

The concept helps separate private ownership of a unit from the shared ownership of the building’s communal parts. It should not be confused with other terms used in different jurisdictions, where nomenclature and exact rules may differ.