Flat Law

An apartment right is the right of ownership to part of a property, such as a home or commercial building, which can be acquired after the property has been divided. The apartment right generally includes the right of ownership to a separate part of the divided property and the right to use the common areas.

Regulation of apartment rights in law and local regulations

Apartment rights are included in Book 5 of the Civil Code, as Title 9. This title contains most of the legal requirements and regulations that shape and apply to apartment rights, including:

• who has the right to divide a property;

• the requirements for a division, including the form of the deed of division;

• how the flat owners relate to each other;

• that a Homeowners’ Association (VvE) must be established;

• what rights and powers the VvE has; and

• how the exercise of rights in relation to insurance of the building is regulated.

In certain municipalities, the right to divide a building is also restricted and subject to conditions. For example, it is sometimes necessary to apply for a division permit.

Big cities, lots of neighbours

In large cities, and especially in Amsterdam, the majority of homes are flats. This means not only that you have more neighbours than in an unsplit home, but also that you have more direct contact with them. For example, the owners of the flats are generally jointly responsible for the maintenance of the shell, the foundations and the roof structure.

This maintenance requires (sometimes a lot of) money, which must be raised and managed jointly by the owners. In situations of shared responsibility and managed money, it is often necessary to make clear and firm agreements.

Nevertheless, conflict cannot always be avoided. If one of the flat owners does not comply with the agreements, refuses to cooperate with necessary maintenance and disregards the decisions of the owners’ association, legal action is inevitable.

Difficult neighbour? Approach the magistrate

The subdistrict court can grant authorisation on the basis of Article 5:121 of the Dutch Civil Code, which can replace the consent or cooperation of one of the flat owners for an action to be performed, if that owner has no reasonable grounds for his refusal or refuses to respond. In that case, the subdistrict court can also determine the proportions of the contributions to the costs of the action.

This possibility, which is enshrined in law, therefore has very real consequences. As an apartment owner, you may be forced to incur maintenance costs. It is therefore not possible, at least not without reasonable grounds, to block a plan proposed by another apartment owner.

For this reason, it is always very important to carefully consider the relationships between the owners when purchasing an apartment. Even one bad apple can significantly reduce your enjoyment of your home.

If you are looking for more information about apartment rights and, for example, the rights and obligations of a homeowners’ association (VvE), our specialists are of course at your service.