The declaration of division as a central document for condominiums

Condominiums in Hamburg: these points are covered in the declaration of division

The declaration of division documents various rules and agreements among the owners within a multi-unit building. In practice, no two such documents are alike—while some details are found in every declaration, others can be added as optional supplementary agreements. The legal basis for this is the Condominium Act, which allows for some interpretation and flexibility in its formulation. Nevertheless, certain elements are essential for the declarations of division for multi-family homes in Hamburg Blankenese and the surrounding areas:

As a fundamental and thus eponymous aspect, the declaration outlines the spatial division of the property area among the different owners. It specifies which parts of the building are individual property, common property such as staircases and hallways, or specially regulated exclusive property. The ownership details provided here also determine cost distribution for major repairs and voting rights for community decisions. Additionally, the community rules, which are part of the declaration, include guidelines and restrictions for communal living within the building, such as those concerning pet ownership or bicycle storage. An occupancy certificate issued by the building authority, confirming the independent use of individual areas by condominium owners, is usually included as well. Thus, the core elements of the declaration of division are comprehensively listed.

To what extent can the contents of the declaration of division be changed at a later date?

If individual points in the declaration of division need to be changed, this may require a majority decision from all owners, depending on how many parties in the community are affected by the changes. Major decisions, such as facade renovations or the appointment of a property management company, are typically made collectively—usually by voting based on the residents' voting rights or area shares. Smaller changes, like swapping basement parcels between two neighbors, are generally permissible without a prior overall vote. Our real estate agents in Hamburg Blankenese are happy to advise you on your options or, if necessary, refer you to a knowledgeable legal examiner. Feel free to contact us for more information!

The declaration of division must be presented when selling an apartment in Hamburg Blankenese

If you plan to sell your apartment, the declaration of division is one of the documents you must allow prospective buyers to review prior to the finalization of the purchase contract. This enables potential buyers to understand the current ownership structure and appropriately assess their future responsibilities regarding communal ownership in Hamburg Blankenese. Engel & Völkers Hamburg emphasizes that only a notarized declaration of division is valid for the sale of a condominium. If, during your sales preparation, you find yourself without a declaration of division or if your copy has gone missing, a replacement can be requested from the relevant land registry office.

During the property marketing process with Engel & Völkers Hamburg, we handle the collection of all necessary documents alongside other planning steps, allowing you to benefit from added convenience and time savings. Entrust the sale of your condominium to professional hands and let our real estate agents, with extensive market knowledge in Hamburg Blankenese, guide you to the best possible agreement. We are pleased to present the comprehensive range of services you can expect from Engel & Völkers Hamburg during a completely free and non-binding initial consultation. Simply visit our real estate shop at Blankeneser Bahnhofstraße 9 or call us to schedule an appointment. We look forward to assisting you with your apartment sale soon!