A condominium is a distinctive form of ownership that permits multiple individuals to own specific parts of the same building. This legal arrangement is particularly important in multi-apartment and multi-business buildings, as it enables a clear determination of ownership rights over individual residential units or business premises, while also allowing for the sharing of common parts of the building, such as corridors, elevators, staircases, parking lots, and other communal areas.
What does ‘condominium’ mean?
Condominium ownership is a legal procedure that establishes the ownership of individual parts of the building and their entry in the building cadastre and land register. This allows for a clear delineation of the rights and obligations of the owners to parts of the building, which includes the distribution of maintenance costs of common parts, the method of management, and other matters.
Article 105 of the Real Property Code clearly defines condominium as the ownership of individual parts of the building in a multi-apartment building and the simultaneous co-ownership of common parts of the building. It is important that individual parts of the building represent an independent functional whole, suitable for independent use, such as apartments, business premises, or other independent premises.
What does a condominium include?
Condominium includes both residential and non-residential premises. The apartments are intended for permanent residence and represent a functional whole with their own entrance. Non-residential premises are those parts of the building that serve the entire building, such as common areas, appliances, and other elements of the building.
Common areas such as staircases, corridors, laundry rooms, basements, bicycle sheds, attics, garbage disposal areas and others belong to the common condominium. It also includes foundations, load-bearing walls, ceilings, facade, roof, elevators and water, gas, electrical and telephone installations.
Functional land, key to the operation of a multi-apartment building, also belongs to condominiums. This land includes driveways, parking spaces, children’s playgrounds and other areas that are essential for the smooth living of the residents.
The process of establishing a condominium
The process of establishing a condominium is relatively complex and begins with the cooperation of a surveyor. The process involves several key steps.
Geodetic measurement and creation of a floor plan
The geodetic survey and the production of the floor plan represent a key starting point in this process. This important phase provides accurate information about the building and its parts and enables the appropriate documentation for the entry of the building into the building cadastre. A surveyor undertakes the precise measurement of the dimensions and structures of a building, including individual housing units, common areas, staircases, elevators, attics and other elements.
For buildings built after 2003, a copy of the building permit is also required. This provides additional verification of the construction’s compliance with legislation and enables a more comprehensive insight into the structure of the building and its purpose.
Registration of the building in the building cadastre
After preparing the floor plan, this plan must be submitted to the competent geodetic administration, which then issues a decision on the entry of the building into the building cadastre. With geodetic measurements and plans, the building is fully documented and its individual functional areas are precisely determined. When the decision is final, the building, together with its individual parts, is also officially registered in the building cadastre.
Division of ownership
The division of ownership determines the clear ownership rights and obligations of each individual owner in a multi-apartment building. The owners of the building conclude an agreement on the establishment of a condominium, which serves as the basic rulebook for the further operation and management of the joint facility.
The content of this agreement is crucial, as in addition to the determination of ownership shares, it also covers many other matters that affect the daily life and use of the building, e.g. the method of distribution of common costs among the owners, rights and obligations regarding the maintenance of common parts of the building, rules for the use of common spaces, and agreements on management and decision-making related to common condominiums.
Verification of the agreement
This step ensures the legal validity and transparency of the process. When the owners have reached an agreement on the distribution of ownership shares and other important matters regarding the condominium, the agreement is formally signed by a notary. In his role as an impartial legal expert, the notary checks whether all legal provisions in the agreement are correctly defined and comply with the regulations. This ensures that the rights of each individual owner and his obligations are precisely defined and legally secured.
After signing the agreement, the notary prepares a land registry proposal that includes all relevant information about the building, its parts and the ownership shares of each owner. This proposal is then filed in the land register, where the condominium is officially registered.
Entry in the land register
Registration in the land register represents the last step in the process of establishing a condominium. When the process of dividing the ownership of individual parts of the building and the sharing of common parts is completed, the District Court issues a decision that officially formalizes the condominium.
The decision issued by the competent court marks the end of the entire process and officially confirms that now all the owners of individual residential units or business premises are, in fact, also the owners of these parts of the building.
Price and duration of the procedure
The price of the process of establishing a condominium depends on various factors, including the size of the building, the number of owners and the land. In general, the costs vary between EUR 700.00 and EUR 1200.00. The whole process usually takes several months.
The importance of working with experts
When setting up a condominium, it is crucial that you consult with a legal professional or an attorney who specialises in real estate law. Only a legal professional will help you fully understand the process, ensure that the documents are properly prepared, and that the condominium is properly registered.
At Baza real estate agency, we are proud of our team of legal experts who can offer you appropriate solutions and professional advice. With our help, we can solve your challenges and wishes easily and reliably. Together we will achieve your goals.
For additional information, we invite you to visit our website or contact us (phone number: 040 626 131, e-mail: tajnistvo@bazarealestate.com).
