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.

The scope of the rights relating to the separate ownership of premises, or apartments is similar to ownership. Legal right to the exclusive enjoyment of a thing. It can be asserted against the whole world. Includes in particular the right to:

• use a thing
• profit from a thing, and
• dispose of a thing

The scope of the rights relating to the building is similar to co-ownership. One thing (building) may be indivisibly owned by several persons (co-ownership).

Each co-owner is entitled to jointly possess a co-owned thing and to use it to an extent compatible with the joint possession and use of the thing by remaining co-owners (206 civil code).

Profits and other revenues from a co-owned thing accrue to the co-owners in proportion to the size of their shares, the co-owners bear the expenses and charges connected with the co-owned thing in the same proportion.

(EU Adapt project):

2.  Describe the powers of each unity owner 

a) regarding the use of the individual unit and common areas

The owner of the premises is entitled to a share in the common property as a right related to the ownership of the premises. Use of the common area, e.g. staircase, plot, parking lots, common rooms.

b) regarding the management of the individual unit and common areas

The administration of a joint property means making all decisions and carrying out all kinds of activities related to the property or right being the subject of joint ownership, which are necessary in the course of normal operation of this item (e.g. sale of harvested produce), as well as in unusual situations (e.g. sale of a joint thing).

The common thing administration is divided into 3 types of management:

• statutory management,
• court administration,
• contractual management.

3.  Can a unity owner freely transfer the right?

Yes, but the co-owner may transfer his ownership only up to the amount of his interest in the property.