Certificate of Completeness

A certificate of seclusion is required if a building with several units of use (i.e. at least 2 units) is to be divided into separate ownership (condominium or part ownership).

The certificate of seclusion is submitted to the responsible land registry office (local court) together with the declaration of division by the commissioned notary. The land registry then creates the corresponding condominium land register sheets after checking them. The division of a building into condominiums offers more people the opportunity to become property owners, especially of apartments. Within the units of use, the respective owners have sole rights of disposal and obligations; outside (common areas) they constitute a community of owners.

Although an ex officio examination of the legality of the building structures and their compliance with current building law is not (no longer) provided for and is not (no longer) required, seclusion should nevertheless only be applied for in the case of structures that comply with building law. However, for the benefit of the purchasers, the Building Regulations Department endeavours to identify such deficiencies and to ensure that they are rectified in good time, as the respective owners are later responsible for any breaches (irrespective of the polluter pays principle). Insofar as the subdivision applied for does not comply with the officially approved documents or statutory regulations, care should be taken to ensure that a building permit is properly applied for (separate procedure). Attention should also be paid to the correct indication of the cadastral details in accordance with the land register entries, as otherwise the certificate of seclusion will not be recognised by the land registry due to incorrect or incomplete information.

When issuing the certificate of self-containedness, the building supervisory authority only checks whether the specified rooms or room groups are self-contained, irrespective of the construction status (existing or planned). This includes the assessment of the type and number of main and ancillary rooms required by the building regulations as well as independent access and independent supply with media.

The existence or the examination of structural engineering proofs as well as the property conditions are only recorded in a declarative manner.

A further examination of the permissibility under building regulations or planning law is not obligatory; therefore, the permissibility of the facility cannot be derived from an issued certificate of seclusion.

The issuance of the certificate of seclusion must be refused if the requirements for seclusion are not met, i.e. if, for example, the required doors, walls or ceilings are missing or if not all the required rooms are located in the unit of use or the common rooms are not accessible by all owners.

Separate use units (apartments or commercial units) must be numbered consecutively on floor plans and area listings. The same applies to storage rooms outside the use unit and to self-contained underground parking and garage spaces. Insofar as there is no continuous, consecutive numbering of all types of ownership, it is advisable to indicate suitable letters, e.g. "K" for cellar room, "W" for apartment, "G" for garage space, etc., before the numbers of the numbering in order to distinguish them. The individual rooms of the usage unit can also be numbered (e.g. W1.1). Colour coding of the usage units is not required, but is helpful in individual cases. All doors, including basement doors, are to be shown on the plans. For underground parking spaces, a demarcation, e.g. permanent marking, is to be shown.

The processing is carried out in the respective teams of the urban areas, preferably by the processor of the associated building permit.

The certificate is issued promptly, there are no statutory deadlines.

Application for Completeness according to § 7(4) No. 2 / § 32(2) No. 2 of the German Condominium Act (WEG)

in duplicate:

• Application form
• Current proof of ownership (extract from the land register and/or valid purchase contract)
• Consent of all owners
• Declaration on the inventory (compliance of seclusion with building permit)
• List of the different ownership units with numbering and area specification
• Extract from the real estate map (cadastral plan)
• Site plan (with buildings and outdoor facilities)
• Construction drawings (floor plans, sections, views)

The fee is based on the number of ownership shares.

The fee is calculated according to the Thuringian Administrative Costs Act (ThürVwKostG) and the Thuringian General Administrative Costs Ordinance (ThürAllgVwKostO) in conjunction with the Thuringian Building Fees Ordinance (ThürBauGVO), tariff item 8.6.

• Condominium Act of 15.03.1951 in the version of the announcement of 12 January 2021 (BGBl. I p. 34)