Differences between exclusive rights over the apartments and rights over buildings

1.  Please, explain briefly but as clearly as possible the scope of the rights relating (exclusively) to the apartments and the ones relating to the building or to the communal elements owned jointly.

Scope of rights relating apartment (separate property) includes structurally and functionally enclosed premises or a group of premises in a residential house, which have been marked as an apartment, non-residential premises or artist’s workshop on the cadastral survey file.

Its walls, interior walls, ceilings, floors, enclosing windows and doors, pipes, chimneys, wiring (communications) and other home-related functionally indivisible components as well as all improvements, located in rooms or spaces within the complex and functionally associated auxiliary and ancillary buildings existing outside the apartment, which are acquired by the owner due process of law.

The separate property constructional must be separated from the rest of the apartment owners own the property.

Scope of rights relating to the property owned jointly includes external enclosing structures (including walls, architectural elements, the roof, windows and doors of premises for common use, also exterior doors) of the residential house and external premises thereof (galleries, balconies, loggias, terraces), internal load bearing constructions (including supporting walls and columns, as well as separate enclosing walls of the property), intermediate coverings (including heat and sound insulation layers), premises for common use (including attics, stairwells and cellars), as well as the engineering communication systems, devices servicing the residential house and other indivisible elements functionally associated with the exploitation of the residential house, which do not belong to an individual property (including the heating elements within the boundaries of the individual property, if their functional activity depends on the existing engineering communications of the joint property).

(EU Adapt project):

2.  Describe the powers of each unity owner regarding the use, the administration of the individual unit and common areas.

Section 15, Paragraph 1 and 2 the of the Law on Residential Properties provides that the community of apartment owners is the administrative body of a residential house which is partitioned into residential properties. The composition of the community of apartment owners shall include all apartment owners of the residential house.

Also, according to the Section 13, Paragraph 1 and 2 the of the Law on Residential Properties provides it is stated that an apartment owner shall, according to the existing joint property share included in his or her residential property, cover the expenditures specified on the basis of a decision of the community of apartment owners for the performance of the mandatory administration activities of the residential house, and also the remuneration to the administrator stipulated by the community of apartment owners for the administration of the residential house, if such has been provided for in the residential house administration contract.

An apartment owner shall, according to the existing joint property share included in his or her residential property, cover the expenditures specified on the basis of a decision of the community of apartment owners cover for the performance of other administration activities of the residential house which ensure improvement and

development of the residential house, promote the formation of optimal administration expenditures thereof, and apply to:

1) the changing of elements, installations, or communications which are in the joint property of the residential house, if such changing results in reduction of the maintenance costs of the house;

2) measures which result in reduction of expenditure for services related to the use of the residential property.

3.  Can a unity owner freely transfer the right?

Yes.