Apply for a certificate of seclusion in accordance with the Condominium Act
If you establish separate ownership of an apartment or non-residential premises (e.g. commercial) or a parking space, you will need a certificate of seclusion. You will also need this if you want to assert the right to permanently occupy a certain apartment in the building (permanent right of residence).
The certificate of seclusion proves that:
- an apartment is structurally sufficiently closed off from other apartments or rooms, or
- non-residential rooms (fractional ownership) are closed off from other rooms.
Special ownership can also be established on parking spaces as well as on parts of the property outside the building, such as terraces or garden areas. The special property must be clearly determined by the dimensions in the construction drawing / in the subdivision plan.
The certificate of seclusion will be issued by the responsible building authority after checking your documents.
Process flow
- You fill out the application and submit it together with the required documents to the relevant building authority.
- The building authority will examine your application and the documents.
- If all the requirements are met, the building authority will issue you with a certificate of completeness together with a copy of the construction drawing/layout plan.
Who should I contact?
Contact the lower building supervisory authorities of your district, your independent city, your large independent city or municipality with building supervisory powers.
Requirements
- You must prove that you are either the owner or the leaseholder of the apartments for which a certificate of seclusion is being applied for. Alternatively, you must demonstrate your legitimate interest (e.g. acquirer).
- Completed is special property if
- it is structurally separated from other apartments or rooms, for example by walls and ceilings, and
- has its own lockable access directly from the outside, from a stairwell or a vestibule; access may not be via another separate property or without real security via a neighbouring property.
- A self-contained apartment or self-contained, non-residential rooms may include additional lockable rooms outside the respective enclosure (e.g. storage rooms in the basement).
- Parking spaces as well as parts of the property outside the building (such as terraces and garden areas) in which separate ownership is also to be established must be clearly determined by measurements in the construction drawing / subdivision plan.
Which documents are required?
- Application for a certificate of seclusion,
- Construction drawing / layout plan (site plan, floor plans, sections and elevations),
- In the case of a written application, the construction drawing / layout plan must be enclosed in duplicate, legible and to scale and must not exceed DIN A3 format.
- In the case of electronic application, the construction drawing / layout plan must be submitted as an electronic document that can be printed in DIN A3 format.
- In the case of existing buildings, the construction drawing / subdivision plan must be an as-built drawing.
- Proof of ownership (current extract from the land register, purchase contract if applicable, current excerpt from the commercial register, if applicable),
- current excerpt from the official property map
What are the fees?
According to state law, a fee may be charged for the issuance of the certificate of seclusion.
What deadlines do I have to pay attention to?
- none
Processing duration
- not specified
Legal basis
Section 7 (4) sentence 1 number 2 of the Condominium Act (WEG)
Section 32 (1), (2) sentence 2 number 2 of the Condominium Act (WEG)
General Administrative Regulation for the Issuance of Certificates under the Condominium Act (AVA)
Applications / forms
- Forms/online services available: No
- Written form required: depends on state law
- Informal application possible: Yes
- Personal appearance required: No
Appeal
Appeal to the competent administrative court
Technically approved by
Lower Saxony Ministry for the Environment, Energy, Building and Climate Protection
Author
The text was automatically translated based on the German content.
