Apply for a certificate of completion in accordance with the Condominium Act
Short text
- A certificate of completion is a prerequisite for the registration approval 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
Service description
If you establish a separate ownership of an apartment 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 apartment 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.
Legal basis
Required documents
- Application for a certificate of completion,
- Construction drawing / layout plan (site plan, floor plans, sections and views),
- In the case of a written application, the construction drawing / partition plan must be attached in duplicate, legible and 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 real estate map
Prerequisite
- You must prove that you are either the owner or heritable building owner of the apartments 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 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; the access must not lead via another special property or via a neighboring property without in rem protection.
- A self-contained apartment 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.
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.
Applications / Forms
- Forms/ online services available: No
- Written form required: depends on state law
- Informal application possible: Yes
- Personal appearance required: No
Processing time
- not specified
