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.

In the statutes of the building the co-owners describe what parts of the building are common and what parts of it are private. Simplifying, the building itself is common, and the apartments are private.

The common parts are co-owned by all the owners of the apartment and the apartment itself is the exclusive(single) property of the owner of that apartment.

The two kinds of parts are brought together in what is called the unit: each unit contains the apartment and a share in the common parts (expressed as a fraction of all the common parts, e.g. a 2 500/10 000 share). In this way the single ownership of the apartment is unbreakably linked to the co-ownership of the common parts of the building: forced co-ownership indeed.

There remains one last step: the contents of the rights. This is described in the regulation of co-ownership. Simplified, the apartment can be exclusively used and enjoyed by the owner (he/she can more or less do what he/she wants). The use of the common parts, on the other hand, is much more restricted: the details are spelled out in the regulation of co-ownership.

The regulation of co-ownership provides also the annual cost of the use of the common parts (maintenance, common electricity and heating, …). Normally, the share in these common costs follow the share in the common parts.

The statutes of the building and the regulation of co-ownership must be an authentic (notarial) act.

2.  Describe the powers of each unity owner regarding the use, the administration of the individual unit and common areas (EU Adapt project)

Principle: subject to the basic deed and the condominium regulations, the co-owner has the rights and obligations of an owner over the private portion and the rights and obligations of a joint owner over the common portions.

Art. 3.78. Definition

Forced co-ownership is any form of co-ownership where the undivided   property must be in co-ownership because of its function or destination. This is particularly the case if the property is an accessory to the private property of each of the co-owners. However, a party fence is subject to the special rules of Title 5, subtitle 2. Subject to the other provisions of this Book, the provisions of Title 4, subtitle 1, shall apply to this form of co-ownership.

3.  Can a unity owner freely transfer the right?

Yes, but in compliance with the basic deed and the condominium regulations