The certificate of separation certifies that apartments or other units, as defined by the Condominium Act, are separate units. Along with the floor plan, it is required for the registration of ownership shares in the land register.
If condominium ownership is to be established through the contractual grant of separate ownership (Section 3 of the Condominium Act—WEG) or through division (Section 8 WEG), a certificate confirming that the requirements of Section 3(3) have been met must be included among the required documents. This certificate is called a “certificate of self-containment” and is issued when the apartments or other rooms are self-contained and parking spaces as well as parts of the property located outside the building are defined by dimensional specifications in the partition plan (Section 3 WEG).
A certificate confirming that the apartment is self-contained is also required for the creation of a permanent right of residence (§ 32 WEG).
Apartments and rooms not used for residential purposes are considered self-contained if they
- are structurally completely separated from other apartments and rooms (for example, by walls and ceilings) and
- have their own lockable entrance directly from the outside, from a stairwell, or from a vestibule; the entrance must not lead through another unit or, without a real property right, through a neighboring property.
A self-contained apartment or self-contained rooms not used for residential purposes may include additional lockable rooms outside the respective enclosure.
The application for a certificate of completion must be submitted to the local lower building authority.
The procedure is governed nationwide by the General Administrative Regulation for the Issuance of Certificates under the Condominium Act (AVA).
Appeals and lawsuits under the Administrative Court Rules (VwGO),
