Strata title

Private ownership is in accordance with the German Condominium Act (WEG ) a the full ownership largely equal rights to an apartment ( condo ). The special ownership may also be of non-residential serving spaces (eg offices, workshops, storage rooms, doctors' offices, etc.).

Relation to residential property

Parent term residential property, which consists of private property in an apartment in ( inseparable ) connection with a co-ownership in the common property, such as land, roof, balconies and staircase. Analogous to home ownership is the fractional ownership of private property in non-residential serving rooms of a building in conjunction with the co-ownership on common property.


According to § 2 WAY can be justified only by agreement of all co-owners of a property according to § 3 WAY or by division ( division Declaration ) by the sole owner of the property pursuant to § 8 WAY residential property (and therefore private property as its integral part ).


The object of private property is regulated in § 5 WAY. The detailed scope of private property is usually defined exactly in the condominium declaration. For private property, generally is one the rooms of the apartment (including flooring, wallpaper, built-in furniture, non-bearing walls inside the home and plumbing ), and, optionally, additional areas outside the self-contained apartment as basement and attic. Since the distinction between private property and common property may ultimately have cost moderate very high impact ( § 16 para 2 WAY ), a precise definition is useful, for example, from when the sewage pipes still belong to the special property and when to communal property.

Not for a special property in any case include the entire load-bearing parts of the building, staircase, roof and windows, etc. as well as all equipment and facilities that serve the common use of property owners (§ 5 para 2 WAY ). These are absolutely common property of all apartment owners.

Freehold ability

Things that can be in private ownership under the law, so are special property capable, must not necessarily be assigned to the special property by the declaration of division. Conversely, however, it is not possible to do things that are mandatory by law for the common property, so do not have special property capable of assigning the special property. The dividing owner has therefore so far only a limited possibility disposition.


Heating pipes that are within a condominium, are only so special property capable than they supply only the rooms of this apartment. A heating line to which yet another apartment "hangs " or the even the radiator is supplied in the stairwell, on the other hand is mandatory in the common property. However, the declaration of division and the special property viable parts of the heater, which only serve an apartment (pipes, radiators, thermostatic valves ), also left in the common property.