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Difference between common and private areas
What are common and private areas in an apartment building?
In an apartment building, not everything belongs to everyone — nor does everything belong exclusively to one owner. The law makes a clear distinction between common areas and private areas. But what exactly does this distinction mean and why is it important? Common areas are the spaces and elements that belong to all co-owners together. Private areas are the spaces that belong exclusively to one owner.
What are private areas?
Private areas are the spaces that an owner uses and manages exclusively. These are the parts for which they are solely responsible.
Typical examples of private areas include:
- The apartment itself, including the internal walls
- The floor coverings and interior plasterwork
- The kitchen and bathroom fittings
- Interior doors and windows that exclusively serve the private unit
- An individual garage or storage room
The owner is free to furnish, renovate, and use their private area as they wish, provided they do not damage the common areas or infringe upon the rights of other co-owners.
What are common areas? Common areas include everything that all co-owners use together or what constitutes the structure of the building. These are managed by the Owners Association and fall under the authority of the general meeting.
Typical examples of common areas include:
- The entrance hall, corridors, and stairwell
- The elevator and common technical installations
- The roof, facades, and foundation
- Common heating or lighting systems
- The garden, driveway, or common parking spaces
No co-owner may privatize or modify the common areas without the permission of the general meeting.
Who pays for the common areas? The costs for the maintenance and repairs of the common areas are shared by all co-owners. This is done in proportion to each person's share in the common areas, as established in the deed of core property.
In practice, this means:
- The larger the apartment, the larger the share of common costs usually is
- Contributions are collected via provisions by the Property Manager
- Decisions regarding works on common areas are made at the general meeting
What if there is doubt about the boundary? Sometimes it is not immediately clear whether something is common or private. Consider a window, a terrace, or an exterior door. In those cases, the deed of core property is decisive. It describes for each part of the building whether it is common or private.
In the event of a dispute, the justice of the peace can provide a definitive ruling. It is therefore important that the deed of core property is correctly drafted when the co-ownership is established.
Are there also common areas with exclusive use? Yes, the law provides for a special category: common areas with exclusive use. These are technically common areas, but one owner has the exclusive right to use them. An example is a private terrace located above the common entrance. The owner uses the terrace exclusively, but maintenance and repairs may still be shared — depending on what is stated in the deed of core property.
What is the conclusion?
The distinction between common and private areas is the foundation of every co-ownership. It determines who is responsible for which part of the building, who bears the costs, and who decides on maintenance and works. A clear deed of core property and a well-informed Owners Association prevent disputes and ensure transparent management of the building.
Your front door is the boundary between private and common
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