Applicable Law

1. 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.

In the Dutch system there is an arrangement whereby a piece of land (or facility) is co-owned, divided into units that are exclusively used by individual owners and common areas jointly used by the unit owners. This arrangement is called “appartementsrecht” in the Dutch language (= apartment right).

2. 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.

In Dutch law at first (before the 1950’s) you could have a membership of a cooperative association of owners of an apartment block.
The association was then the legal owner. It was not possible for individuals to mortgage their membership rights, or to have some sort of exclusive ownership that coud be transferred to other parties.

This cooperative association is still possible in Dutch law but it became very unpopular because the apartment rights -with exclusive rights that can be transferred and mortgaged- were more liked by the people. Most cooperative associations were transformed into blocks with apartment rights.

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

The “appartementsrechten” are ruled by the articles 5:106 – 5:144 of the Civil Code.

The regulation can be obtained by searching www.wetten.nl 

Search for “Burgerlijk Wetboek” (= Civil Code).