A special property is a part of the residential property , which is the sole property of a single owner. An investment property can only become a special property if it is expressly determined to do so. This provision can be made in different ways: by the actual declaration of division, which has been made to the Land Registry or by a contract of all co-owners. It may be named as a special property but only special property parts. These are parts that are self-contained. These include:
- Closed business and living rooms as well as the associated components such as balcony, terrace or veranda, if they have a connection to the living space and are declared as a separate property in the contract.
- Parking spaces in underground garages, if the areas can be recognized by a permanent marking (Duplex garages, however, are not included).
- Basement rooms or other individual rooms, which do not create a direct connection to the residential or business premises, but still have a spatial separation to other areas.
- Individual building parts, such as non-load-bearing interior walls, floor coverings, interior doors or even the humus layer of the roof terrace.
- Facilities you also facilities in the rooms themselves, for example, built-in wardrobes, sanitary facilities, radiators, which does not represent the function of the entire system, supply lines leading to the residential units. If the lines are not in the area of community property and serve only a single residential unit, they must be designated as a separate property.
Excerpt from the Home Ownership Act:
According to § 1 Abs. 2 WEG, residential property is the special property of an apartment in connection with the co-ownership of the community property to which it belongs. Residential property is therefore a combination of sole ownership (sole ownership of an apartment and an idiosyncratic share in the ownership of the property and other shared facilities and parts of the building). There is therefore no isolated private property without a co-ownership interest in the property and other community property. Since there are also self-contained rooms in a building that are not used for residential purposes, the term partial ownership has come to be used for this special property. In general, this also refers to the generic term of the space property, which can be subdivided into home ownership (flat) and part ownership (eg storage room).
In general, home ownership is governed by the Housing Property Law, whether it be regulations on simple home ownership or separate ownership.