Applicable Law

1.    Is condominium possible? Describe condominium in your system (EU Adapt project)

Yes. Apartment Ownership Associations Act

Apartment ownership is a special ownership of a real part of a building connected to the legal share of the common ownership of the immovable to which the special ownership belongs. Thus, apartment owners are also co-owners of the respective immovable and parts of the immovable which are not real parts of the building.

The object of exclusive ownership is a dwelling or non-residential premises delimited in space and parts of the building belonging thereto, which enable separate use and which can be altered, removed or added without violating common ownership or the rights of other apartment owners and without altering the external form of the building.

2. In your national system, do you have an arrangement which broadly follows that description? If so, what is it called in your language(s)? Please describe it in this factsheet.

KORTERIOMAND, apartment ownership, means ownership of the physical share of a construction works together with a legal share of common ownership to which the physical share belongs. Main principles are regulated in Apartment Ownership Act, but provisions of the Law of Property Act concerning immovable property ownership apply to apartment ownership in issues not regulated by Apartment Ownership Act.

The objects of common ownership are a plot of land and such parts and equipment of a construction works which are not part of the physical share of any apartment ownership and are not in the ownership of a third person. The physical share of a construction works and the legal share of common ownership which are objects of apartment ownership cannot be separately transferred, encumbered or bequeathed.

An apartment ownership can be restricted to one immovable.

The owner may divide immovable property ownership into apartment ownerships, Immovable property ownership in common ownership may be divided into apartment ownerships on the basis of a joint notarised agreement by all the co-owners.

3.  If your national system does not have an arrangement like that, or if it does, but also has a different arrangement which is commonly used to govern the ownership of apartments, please also describe, in this fact sheet, the arrangements commonly used.

—-

4.  In your national system, which laws or regulations rule the arrangements you describe (or are relevant for them)?

—-