Common Property: Everything You Need to Know

Common property is a central component of real estate law. In this article, we will explain what belongs to the common property, what rights and obligations you have, who owns the assigned property, and who bears the costs.

What all belongs to the common property?

Everything that does not belong to Exclusive property or partial ownership, is common property. Common property includes entrance areas, stairwells, drying rooms, laundry rooms, bicycle storage rooms, and the property itself. These are therefore parts of the building that serve the entire community of property owners. The Deed of partition defines what belongs to the common property. Therefore, every buyer should carefully read the declaration of division before purchasing a condominium.

Certain components of the building belong mandatorily to the common property and must also remain common property. They cannot be declared as separate ownership by an agreement of the condominium owners. This refers to load-bearing walls and the structural elements of the floors of the separate property, but not to the floor coverings, as these are considered separate property. Under certain conditions, it is possible for rooms that belong to the common property to be declared as separate property. An agreement within the homeowners' association could, for example, result in the bicycle storage room being assigned to one owner and thus declared as separate property.

Demarcation of individual ownership and common property

In practice, there are recurring issues regarding the demarcation between separate property and common property. Here are a few examples:

sewage pipes
The main sewage pipe falls under the common property, while the supply lines that lead the wastewater from the private property into the main sewage pipe must be regarded as private property.

Window boxes vs. flower troughs 
Flower troughs that serve as boundary elements on roof terraces, pathways, patios, or green areas of the property fall under the category of common property. In contrast, window boxes or planters are classified as separate property.

Why is the distinction between separate property and common property so important?

• Plot of land: Land
• Exterior facilities such as green spaces, plantings, courtyard, paths, driveways, garden slabs.
• Building foundations, including basement walls and basement entrances, basement floors, window wells and the associated grates, partitions between the basement compartments.
• In the case of an underground parking garage, the load-bearing and structural parts refer to perimeter walls, beams, ceilings including insulation, floor construction, and the garage door.
• Roof construction incl. roof membrane
• Window frames, including glass panes, window sills, and roller shutter casings, as they are part of the structural components of the building. Interior window sashes, the interior paint, and the hardware count as separate ownership.
• Entrances including stairwells with stairs that are not located within the separate ownership. Stair hallways, stair windows, as well as apartment doors (however without the interior coating), basement room doors.
• caretaker's basement as well as meter rooms, utility rooms, boiler room, laundry room, garbage rooms, etc.
• All installations that serve multiple owners, such as satellite systems and the associated cabling, all risers and downpipes for water, electricity, district heating, and the like.
• Structural components of the ventilation systems for bathrooms and toilets.
• perimeter wall, load-bearing partition walls, floor slabs, balcony parapets and entrance canopies.