Apply for a certificate of completion in accordance with the Condominium Act
Service description
If you establish a separate ownership of a flat or of rooms not used for residential purposes (e.g. commercial premises) or of a parking space, you will need a certificate of separate ownership. You will also need this if you wish to assert the right to permanently occupy a specific flat in the building (permanent right of residence).
The certificate of completion proves that
- a dwelling is structurally sufficiently closed off from other dwellings or rooms, or
- rooms not used for residential purposes (partial ownership) are closed off from other rooms.
Special ownership can also be established for parking spaces and parts of the property located outside the building, such as terraces or garden areas. The special property must be clearly defined by the dimensions in the construction drawing/partition plan.
The certificate of completion is issued by the responsible building authority after your documents have been checked.
Procedure
- You complete the application and submit it together with the required documents to the responsible building authority.
- The building authority will check your application and the documents.
- If all the requirements are met, the building authority will issue you with a certificate of completion together with a copy of the construction drawing / partition plan.
Prerequisites
- You must prove that you are either the owner or heritable building owner of the flats for which a certificate of seclusion is being applied for. Alternatively, you must provide credible evidence of your legitimate interest (e.g. purchaser).
- Special ownership is completed if
- it is structurally separated from other flats or rooms, for example by walls and ceilings, and
- has its own lockable access directly from the outside, from a stairwell or from a vestibule; the access must not lead via another separate property or via a neighbouring property without in rem protection.
- A self-contained flat or self-contained rooms that are not used for residential purposes may include additional lockable rooms outside the respective closure (e.g. storage rooms in the basement).
- Parking spaces and parts of the property located outside the building (such as terraces and garden areas) for which separate ownership is also to be established must be clearly defined by dimensions in the construction drawing/partition plan.
Special information for the Saarpfalz district- Indication of whether the building already exists or is still under construction
- Designation of the division according to the entries in the floor plan drawings
- Each room, adjoining room and corridor must be labelled according to which flat it belongs to (e.g. no. 1, 2, 3, 4, G, etc.)
Which documents are required?
- Application for the issue of a certificate of seclusion,
- Building drawing / layout plan (site plan, floor plans, sections and views),
- In the case of a written application, the construction drawing / partition plan must be enclosed in duplicate, legible and true to scale and must not exceed DIN A3 format.
- In the case of an electronic application, the construction drawing / partition plan must be submitted as an electronic document that can be printed in A3 format.
- In the case of existing buildings, the construction drawing / partition plan must be an as-built drawing.
- Proof of ownership (current extract from the land register, purchase contract if applicable, current extract from the commercial register if applicable),
- current extract from the official property map
Special information for the Saarpfalz districtElectronic application is not yet possible in the Saarpfalz district.
- Official site plan of the State Office for Surveying and Geoinformation of the affected parcels (not older than three months)
- Four view drawings
Please submit all documents at least in triplicate. If you are unsure about the entries you have made, please submit the required documents only once for the time being. You will be informed of the necessary changes after a preliminary check has been carried out. You are also welcome to arrange a consultation in advance; we will be happy to assist you with your application
What deadlines do I have to observe?
- none
Processing time
- not specified
Legal basis
- § Section 3 (3) of the German Condominium Act (WEG)
- § Section 7 (4) sentence 1 number 2 of the German Condominium Act (WEG)
- § Section 32 (1), (2) sentence 2 number 2 of the German Condominium Act (WEG)
- General Administrative Regulation for the Issuance of Certificates under the German Condominium Act (AVA)
Legal remedy
- Administrative court action (the certificate of seclusion is not an administrative act)
Short text
- A certificate of separate ownership is a prerequisite for the authorisation of the entry of separate ownership in the land register.
- The application for a certificate of seclusion can be submitted by the owner, the heritable building right holder or any other person who can credibly demonstrate a legitimate interest (e.g. the purchaser)
- responsible: Lower building supervisory authority
Applications / Forms