Division into rights of apartment
Do you want to divide a building into separate apartments that can be individually sold or rented? In the Netherlands, a division into rights of apartment is essential. Westvaer guides you through this complex process, from the required deed to drafting a solid set of regulations. With our expertise in real estate law, we ensure that everything is arranged legally and practically, so you can proceed with peace of mind.
What is a division into rights of apartment?
A division into rights of apartment involves legally dividing a building into multiple independent units. Think of an apartment complex where each apartment has its own owner. This process is documented in a notarial deed: the deed of division into rights of apartment. This deed precisely describes which parts of the building are private (for example an apartment or commercial space) and which are communal (for example an elevator, hallway or garden).
A well-drafted set of regulations is essential. This document outlines agreements regarding the use, maintenance and cost distribution for communal areas. It helps prevent conflicts and ensures the management of the property is clear and transparent.
The process of division into rights of apartment
At Westvaer, we guide you step by step through the process:
1. Preparation and advice
In consultation with you, we analyse the legal and practical aspects of the division. We assess the building’s structural situation and determine whether additional documents, such as a division drawing, are necessary.
2. Drafting the deed of division
We draft the deed of division, clearly defining the boundaries between private and communal parts of the building. We also include all necessary agreements and provisions in accordance with legal requirements.
3. Drafting the regulations
The regulations form the basis for the management of the building. They include agreements on the distribution of maintenance costs, rules regarding use, and any penalties for violations.
4. Submission to the Land Registry
Once the deed and regulations are drafted, the division is officially registered with the Land Registry. From that moment, the division is legally effective.
Frequently asked questions about division into rights of apartment
Here we answer some frequently asked questions:
Why is a deed of division required?
A deed of division is legally required to divide a building into rights of apartment. Without this deed, individual parts of a building cannot be sold separately or encumbered with a mortgage. The deed also helps prevent conflicts by clearly outlining agreements regarding ownership and use.
Can a deed of division be amended later?
Yes, a deed of division can be amended if the situation changes, such as during an expansion or renovation. However, this requires the approval of the Owners' Association (VvE) and a notary. Westvaer is happy to assist you in updating an existing deed of division.
Who prepares the division drawing?
A division drawing is typically prepared by an architect or structural draftsman. This drawing is essential for the deed of division, as it precisely indicates which parts of the building are private and which are communal. We work with reliable experts to ensure this process runs smoothly.
Whether you want to divide a new construction project or legally divide an existing building, with Westvaer you are in good hands. We combine legal expertise with a practical approach, ensuring that everything is meticulously arranged. Do you have any other questions? Our experts are ready to assist you.
Why choose Westvaer?
At Westvaer, we combine in-depth knowledge of real estate law with a customer-focused approach. Why clients choose us:
- you receive clear legal support without complicated jargon;
- we ensure seamless collaboration with other professionals, such as architects and structural engineers;
- Westvaer provides tailor-made solutions, adapted to your specific situation;
- Our team has years of experience and an excellent reputation in the real estate sector.