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Flat Property Law

Flat property law regulates all aspects of the property of a shared estate and concerns all condominia. In Berlin, the share of condominia used by their owners is increasing, although it remains relatively low when compared to the rest of Germany.

As the owner of a flat, you necessarily belong to a community of owners with a potential for disputes. Your property usually entertains many legal relationships with the community of flat owners. The rules governing these relationships are found in the Wohnungseigentumsgesetz (WEG) and the specific declarations and agreements of the Joint Ownership Declaration. This set of rules and regulations contains both rights and duties for flat owners.

Conflicts arise notably in the relationships among flat owners or between owners and the house administrator. They may concern decisions of the community, such as condominium fees, yearly statements, business plans, or construction works that put a financial burden on the owners. Additionally, the distinction between individual and joint property may also give rise to conflicts. Legal consultation and representation by an attorney is often necessary to solve these conflicts.

Benjamin Hersch , attorney-at-law, is working in the field of flat property law.



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