Attic conversion apartment ownership
May 6, 2012 | 40,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
We are planning to purchase a semi-detached house which is located on a property with three other semi-detached houses and a single-family house. It is divided into condominiums.
Upon purchasing the house, we would like to convert the attic into a hobby room. There is no specific regulation regarding this in the declaration of division.
Do we need the unanimous consent of all other owners in the condominium association for the attic conversion, even if it only involves interior work (no building permit required)? Consent has been obtained for the installation of a skylight, but not for the actual conversion.
If we are required to obtain consent, how detailed should it be? What exactly should be included in a written consent? Is consent for the attic conversion sufficient, or should there be detailed approval for the placement of skylights, installation of stairs, and the method of conversion?
Thank you in advance and best regards.
Dear inquirer,
Thank you for your inquiry.
I would like to answer as follows:
When it comes to construction measures, the WEG generally distinguishes between maintenance and repairs (§ 21 para. 5 no. 2 WEG), modernizing repairs (§ 21 para. 5 no. 2 WEG), modernizations (§ 22 para. 2 WEG), and structural changes (§ 22 para. 1 WEG).
From your description, it seems to be about a structural change/construction measure within a condominium.
According to § 22 para. 1 sentence 2 WEG, the owners of the condominium do not need to agree to the construction measure if they are not affected beyond the limits set in § 14 WEG. It depends on whether in a specific case there is a structural change of such magnitude that it can no longer be tolerated. If all condominium owners do not need to tolerate the measure according to § 14 WEG or are affected in this sense, then the approval of all condominium owners is required.
Although I do not know the exact planned expansion, I cannot see why this should cause disadvantages to other condominium owners (i.e. neighbors). There is no apparent impairment, so fundamentally there is no need for approval.
However, to avoid disputes, it would be advisable to still speak with the other owners beforehand and obtain confirmation. This cannot hurt.
This confirmation should then describe the construction measure (for example, number of windows to be installed, etc.) as precisely as possible.
I hope I have provided you with some initial legal guidance and wish you much success and all the best!
I would like to finally point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive assessment of the situation. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to contact me through the follow-up option.
Wishing you a pleasant Monday morning!
Best regards from the North Sea coast,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
