Wohnungseigentumsrecht

Wohnungseigentumsrecht is the legal framework in Germany that governs the ownership of individual residential units within a building and the co-ownership of the shared property. It is mainly embodied in the Wohnungseigentumsgesetz (WEG) and regulates how multiple owners can hold and manage their properties together.

The arrangement distinguishes between Sondereigentum (exclusive ownership of a unit) and Gemeinschaftseigentum (shared property such as stairs, roof, courtyards). A declaration of division (Teilungserklärung) together with an Aufteilungsplan establishes the boundaries and the shares in the common property, which are entered in the land register (Grundbuch). Each owner holds a specific share in the Gemeinschaftseigentum and corresponding rights and obligations.

Owners form the Eigentümergemeinschaft (community of owners), which is managed by a Verwaltung (property manager) and represented at the Eigentümerversammlung (owners’ meeting). Decisions about maintenance, budget, and operation of the property are taken by majority votes, with certain matters requiring special or unanimous consent, such as structural changes or amendments to the declaration.

Financially, owners contribute to a Hausgeld for ongoing maintenance, insurance, and reserves for major repairs. The Verwaltung administers the budget, collects payments, and enforces compliance. Special assessments may be levied for unforeseen or significant expenditures.

Disputes and modifications are regulated by the WEG, which provides mechanisms for enforcement and, when necessary, court action. The law interacts with the general civil code (BGB) and the land-register system, providing a predictable framework for governance, use restrictions, and conflict resolution in multi-unit properties.