Apartment law

Split in apartment rights

A split in apartment rights is the division of a building into self-contained units (apartment right). If you have an apartment right, you have a stake in a building. That share entitles you to the sole use of that particular part of the building. In addition, the right to apartment gives the right to use common areas. The share and the right of use together constitute the right to apartment.
The relationships, rules, rights and obligations applicable to the members of the VvE are laid down in the deed of division.

Act of Division

The deed of division or deseed is drawn up by the notary and is the legal basis for the creation of the VvE. You will receive this deed when you purchase your apartment. The deed of division describes what are common and what are private parts and what proportion your apartment right has in the VvE.
In most cases, this share is based on the size of the apartment right. This is usually linked to the voting ratio and the share of the common costs. So usually the bigger the apartment, the bigger your vote and your share of the cost.

Model Rules

The model rules or division rules are a starting point. The deed of division shall determine which model rules have been declared applicable and whether amendments or additions apply. Together they are called the statutes of the VvE. This is the "constitution" of the apartment complex.

Rules

In addition to the deed of division in force and the division rules, each VvE can draw up a common rules for itself. These regulations regulate matters of a 'household' nature. This includes, for example, the recording of the colour scheme of sunscreens, the permitting or non-permitting of satellite dishes or outdoor air conditioners units, use of common areas and the like. However, these rules should not be in breach of the law, the deed of division and the rules of division.