Teilungserklärung
Declaration of Division. The notarised document splitting a building into condominium units. It defines exactly what you own (Sondereigentum), what's shared (Gemeinschaftseigentum), and your voting/cost shares.
Read it before buying: it fixes your co-ownership share (Miteigentumsanteil, the key to Hausgeld and vote weight), usage rights to gardens/parking/cellars, and any usage restrictions (e.g. commercial use, short-term letting bans).
Discrepancies between the Teilungserklärung's plans and physical reality (converted attics, annexed corridors) are classic legal risk: what's built without being declared isn't legally yours.
Frequently asked questions
What is a Teilungserklärung?
The notarised document that divides a building into condominium units. It defines exactly what you own, what is shared, and your voting and cost shares.
Why should a buyer read the declaration of division?
Because it, and not the floor plan or the listing, determines what you are buying. It also carries any use restrictions, allocation of parking and cellar space, and special rights that will bind you as an owner.
Can the declaration of division be changed later?
Only with the agreement of the owners affected and in notarised form, and where the change touches registered rights it must be entered in the land register. It is deliberately hard to change.