Apply for a certificate of completion in accordance with the Condominium Act

Teaser

You must apply for a certificate of separate ownership if a separate property is to be created or a permanent residential right is to be asserted.

  • Service description

    If you establish separate ownership of a flat or non-residential premises (e.g. commercial premises) or 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.

  • Responsible office

    • competent building authority of the state

  • 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.

  • 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.
      • If the application is submitted electronically, 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

  • What deadlines do I have to observe?

    • none

  • Processing time

    • not specified

  • Legal basis

  • Legal remedy

    • Administrative court action (the certificate of seclusion is not an administrative act)

  • Applications / Forms

    • Forms/ online services available: No
    • Written form required: depends on state law
    • Informal application possible: Yes
    • Personal appearance required: No

  • Short text

    • A certificate of completion is a prerequisite for the registration authorisation of residential or part-ownership land registers.
    • 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: Building authority of the country

  • Issuing body

    Forwarding service: Deep link to the original portal

  • Typing

    2/3

  • Library entry status

    5

Responsible departments