Apartment Right (Appartementsrecht)

The key points at a glance

Buying an apartment in a larger building? Then you are dealing with an appartementsrecht (apartment right), which works differently from buying a standalone home. You buy a share of ownership in the entire building, combined with the right to use your specific apartment. Together with all the other owners, you jointly own the whole building.

1. What is an appartementsrecht and a splitsingsakte?

The appartementsrecht relates to the smaller private space that is designated for your use. Legally speaking, a split into apartment rights takes place. It is the notary who draws up a splitsingsakte (deed of division), which comes with a floor plan to identify the individual apartments. You are also co-owner of the entire building together with the other owners, which means you have access to all the shared spaces, such as an inner courtyard, a stairwell, or a roof terrace. Each apartment is registered separately with the Kadaster (land registry). The way the building is divided into apartments is laid down in the splitsingsakte.

2. What is a splitsingsreglement (division regulations)?

An important part of the splitsingsakte is the splitsingsreglement (division regulations). This sets out the rules of conduct that residents and owners must follow. The regulations include, for example, a number of usage rules for the shared spaces. Based on the division regulations, you also collectively share the various costs of maintaining the whole building. A penthouse owner therefore also contributes to the sewage system, and a ground-floor resident also pays for roof maintenance. The division regulations also specify how the Vereniging van Eigenaren (VvE, the owners association) holds meetings and how many votes are needed to pass a decision. In addition, the exact boundaries between the apartments and the shared spaces are set out in a splitsingstekening (division drawing). All of this is registered with the Kadaster.

3. House rules

To keep the building a pleasant place for everyone to live, a set of house rules (huishoudelijk reglement) is often established. You will find some house rules covering issues like noise and the proper use of shared facilities. For example, you must avoid causing blockages in the drains and you cannot simply put a satellite dish on your balcony. The house rules set out a number of rights and obligations that all residents must follow. Want to change the house rules? This can be done by a vote at the Algemene Ledenvergadering (general meeting) of the Vereniging van Eigenaren, where you can jointly decide to amend them.

4. Service costs with an appartementsrecht

When you buy an appartementsrecht, you will most likely need to pay service costs. These are costs you pay to, for example, keep the shared spaces clean. Service costs can also cover the lift and, for instance, heating in the common areas. If there is a parking garage, there is a good chance you will pay service costs for that too. It is wise to find out in advance how high the service costs are and what they cover before you buy an appartementsrecht. Want to know which apartment fits your budget? Calculate how much you can borrow before you start your search.

Frequently asked questions

What is an appartementsrecht?

It combines a share of ownership in the entire building with the right to use a specific apartment.

What is a splitsingsakte, splitsingsreglement, and splitsingstekening?

The splitsingsakte sets out how the building is divided into apartments. The splitsingstekening shows the boundaries between the apartments and the shared spaces. The regulations contain the usage rules, codes of conduct, and the rules for Vereniging van Eigenaren meetings.

What are the costs of an appartementsrecht?

An appartementsrecht typically comes with service costs for maintaining the shared spaces and for covering other collective costs of the building.

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