Who actually owns what in a German condominium? Individual property (Sondereigentum) is the part of a development that belongs to a single owner alone, above all the rooms of the flat. Common property (Gemeinschaftseigentum) is everything else, the land and the building so far as it is not in individual ownership. This distinction is not legal hair-splitting: it decides who pays for a repair, who has a say in structural changes, and who is liable for damage. This guide explains the terms under the German Condominium Act (Wohnungseigentumsgesetz, WEG), shows the key grey areas and what they mean for costs and upkeep, written for international owners dealing with German law.
Why the distinction matters so much
In a German owners association (Wohnungseigentuemergemeinschaft, WEG), two forms of ownership meet, and almost every important question of communal life is decided at the border between them.
- Bearing costs: repairs to individual property are paid by the individual owner out of their own pocket. Repairs to the common property are borne jointly by the community, financed through the monthly advance (Hausgeld) and the maintenance reserve
- Upkeep: whoever is responsible for a component must also keep it in order. With the wrong allocation, either a defect is left unattended or the wrong party pays
- Structural changes: owners may largely do as they please with their own individual property (§ 13 WEG). Interventions in the common property, by contrast, generally require a resolution of the owners meeting
- Liability and insurance: if a component causes damage, responsibility depends on whose sphere it falls into
This is exactly why it pays to clarify, before any measure, whether a component is individual or common property. The answer lies in the statute and, more precisely, in the declaration of division (Teilungserklaerung) for the specific property.
The terms under § 1 WEG
The WEG defines the central terms in § 1. The important point: condominium ownership is not pure sole ownership but a combination.
- Condominium ownership (Wohnungseigentum) is the individual ownership of a flat combined with the co-ownership share in the common property to which it belongs (§ 1 (2) WEG)
- Part ownership (Teileigentum) is the same concept for rooms not used for residential purposes, such as shops, offices or surgeries (§ 1 (3) WEG)
- Common property (gemeinschaftliches Eigentum) is the land and the building, so far as neither is in individual ownership or owned by a third party (§ 1 (5) WEG)
Each owner therefore holds two things at once: a clearly delimited piece of sole ownership (the individual property) and an abstract fractional share in the common property (the co-ownership share, Miteigentumsanteil or MEA). The two are inseparably linked and can only be sold or encumbered together.
What is individual property?
The subject of individual property under § 3 (1) WEG is the rooms specified in the declaration of division, above all the flat itself. Since the WEG reform (WEMoG, in force since 1 December 2020), parking spaces expressly count as rooms within the meaning of this provision and can therefore be individual property. In addition, individual property can under § 3 (2) WEG even extend to parts of the land outside the building (open areas), provided the flat or the rooms remain the economically principal element and the areas are defined by dimensions in the layout plan.
What counts as individual property inside the rooms is governed by § 5 (1) WEG: it covers the rooms together with those components of the building belonging to them that can be altered, removed or inserted without thereby impairing the common property or another owner’s right beyond the unavoidable degree, and without changing the external appearance of the building. Typically capable of being individual property are, for example, the internal paintwork, the floor covering, the non-load-bearing internal walls, sanitary fixtures and the internal doors within the flat.
Example: An owner removes a non-load-bearing partition wall between the kitchen and the living room to create an open-plan space. Because the wall is neither necessary for the structural integrity of the building nor affects its external appearance, it belongs to the individual property, and the owner may in principle remove it alone. A load-bearing wall, by contrast, could not simply be touched, as it is mandatory common property.
Mandatory common property
Not everything within a flat can become individual property. § 5 (2) WEG draws a hard line here: mandatory common property comprises
- parts of the building that are necessary for its structural integrity or safety, and
- installations and facilities serving the common use of the owners
and this applies even where they are located within the rooms held as individual property. This allocation cannot be contracted out: even the declaration of division cannot validly declare such parts to be individual property.
Mandatory common property therefore includes, for example, the foundation, the load-bearing walls and ceilings, the roof and roof structure, the stairwell, the facade, and the central supply and drainage lines up to the branch into the individual flat. The lift and the central heating system also serve common use and are thus common property.
Conversely, § 5 (3) WEG allows owners to designate, by agreement, building components that would in principle be capable of individual ownership as common property. The road thus runs in one direction only: what is capable of being individual property can be made common property, but mandatory common property remains common property.
Typical grey areas: caution required
In practice, most disputes flare up over components that sit exactly on the border. Restraint is appropriate here: the statute makes no express rule for many of these cases, and the allocation depends on the declaration of division and on case law in the individual case. The following table reflects the prevailing tendency but does not replace a look at the declaration of division for the specific property.
| Component | Prevailing tendency | Note |
|---|---|---|
| Internal paint, wallpaper | Individual property | Clearly allocated to the owner |
| Floor covering (parquet, tiles) | Individual property | The screed beneath tends to be common property |
| Non-load-bearing internal walls | Individual property | Load-bearing walls are mandatory common property |
| Internal doors of the flat | Individual property | Within the rooms |
| Flat entrance door | Mostly common property | Borders the stairwell, affects the appearance |
| Windows (including frames) | Mostly common property | External appearance, building enclosure |
| Balcony | Mixed | Inner surface/covering tends to be individual property, load-bearing and sealing parts common property |
| Radiators in the flat | Disputed | Often individual property, but the riser pipe is common property |
The underlying rule of thumb: whatever belongs to the external appearance or to the structural fabric of the building tends towards common property; whatever lies purely inside and can be changed without risk tends towards individual property. There is, however, no firm, generally valid rule precisely for windows, the flat entrance door, the balcony and radiators. When in doubt the declaration of division decides, and it should be checked before any larger measure.
An exclusive use right is not individual property
A common misunderstanding concerns the exclusive use right (Sondernutzungsrecht). It must be sharply distinguished from individual property.
- Individual property is genuine ownership. Under § 13 (1) WEG, the owner may deal with their individual property as they wish, in particular live in it, let it, lease it or otherwise use it, and exclude others from interfering with it
- An exclusive use right, by contrast, is merely the right to use a particular part of the common property alone. The object itself remains common property
Typical cases of an exclusive use right are a garden area, a cellar compartment, an outdoor parking space or a terrace area, unless these are exceptionally structured as individual property. The holder may use the area exclusively and the other owners are barred from using it, but legally the area continues to belong to everyone jointly.
Example: Under the declaration of division, a ground-floor flat has an exclusive use right to the garden area in front of it. The owner may use and plant the garden alone. If, however, they want to erect a permanent garden shed there, this constitutes a structural change affecting the common property and generally requires a resolution of the owners meeting.
Consequences for upkeep and cost allocation
The distinction has a direct effect on the wallet.
For the individual property the respective owner alone is responsible. They must maintain their flat and bear the costs themselves, without any contribution from the community. A leaking tap, defective internal plaster or a worn floor covering are their concern.
The maintenance of the common property, by contrast, is the task of the community. The costs are allocated to all owners through the monthly advance (Hausgeld) according to the applicable allocation key (by default in proportion to co-ownership shares) and financed from ongoing management and the maintenance reserve. Such measures are resolved at the owners meeting. For more on the allocation of recurring costs, see our guide on the service charge statement.
It becomes tricky when damage from the common property (for example a leaking riser pipe) reaches into the individual property and causes consequential damage there. The cause and the consequences must then be carefully separated. Professional management documents such cases and steers the settlement of the claim. The tasks falling to the manager are summarised in our guide on the duties of property management.
Individual and common property in Frankfurt am Main
In Frankfurt and the surrounding area the picture is shaped by many apartment buildings from different construction eras, from the period-style old building in the Nordend to the new development in Riedberg or the Europaviertel. Especially in older properties the declarations of division differ considerably, and the allocation of windows, balconies or heating systems is often regulated in unusual ways. Anyone buying or managing a condominium in Frankfurt should therefore examine the declaration of division and the layout plan closely before planning any larger measure. A locally experienced manager knows the typical constellations and helps allocate individual and common property correctly in each case. We support owners with our condominium management in Frankfurt and our individual unit management in Frankfurt.
A clean distinction between individual and common property is thus the basis for almost every decision in the community: it determines who pays, who decides and who is liable. Those who understand it, and who turn to the declaration of division in case of dispute, avoid the most frequent and most expensive conflicts in a German WEG.
Sources
Editorial responsibility: digo.immo Verwaltung & Invest - certified residential property manager under § 26a WEG (IHK Frankfurt), licence under § 34c GewO. About the certification
This article provides general information only and does not replace individual legal advice. Legal status: 30/06/2026; laws and case law may change. No warranty is given as to completeness, accuracy or timeliness. When in doubt, please seek qualified advice.