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Selected service: Apply for certificate of seclusion according to the Condominium Act
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Apply for certificate of seclusion according to the Condominium Act

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)

Service Description

You must apply for a certificate of seclusion if you wish to establish a separate property or assert a permanent right of residence.

If you establish separate ownership of an apartment or of rooms not used for residential purposes (e.g., commercial) or of a parking space, you will need a certificate of seclusion. You also need this if you want to assert the right to permanently occupy a certain apartment in the building (permanent right of residence).

The certificate of seclusion proves that

  • a dwelling is sufficiently separated from other dwellings or rooms by construction, or
  • rooms not used for residential purposes (partial ownership) are closed off from other rooms.

Special ownership can also be established for parking spaces and parts of the property outside the building, such as terraces or garden areas. The separate ownership must be clearly defined by dimension specifications in the construction drawing / partition plan.

The certificate of seclusion is issued by the responsible building authority after checking your documents.


Process flow
  • You fill out the application and submit it to the relevant building authority together with the required documents.
  • The building authority will check your application and the documents.
  • If all requirements are met, the building authority will issue you a certificate of seclusion together with a copy of the construction drawing / partition plan.
Who should I contact?

Lower building supervisory authority

  • of the district or independent city
  • of the municipalities (if the tasks of the lower building supervisory authority have been transferred)
Competent authority
  • competent building authority of the country
Requirements
  • You must prove that you are either the owner or heritable building right holder of the apartments for which a certificate of seclusion is requested. Alternatively, you must provide credible evidence of your legitimate interest (e.g., purchaser).
  • Condominiums are deemed to be self-contained if
    • it is structurally separated from other apartments or rooms, for example by walls and ceilings, and
    • has its own lockable access directly from the outside, from a staircase or an anteroom; the access may not lead via another separate property or via a neighboring property without real security.
  • A self-contained apartment or self-contained rooms not used for residential purposes may include additional lockable rooms outside the respective enclosure (for example, storage rooms in the basement).
  • Parking spaces as well as parts of the property outside the building (such as terraces and garden areas), on which separate ownership is also to be established, must be clearly defined by dimension specifications in the construction drawing / partition plan.
Which documents are required?
  • Application for a certificate of seclusion,
  • construction drawing / partition plan (site plan, floor plans, sections and views),
    • In the case of a written application, the construction drawing / partition plan must be enclosed in duplicate, legible and to scale and must not exceed DIN A3 format.
    • In the case of electronic application, the construction drawing / partition plan must be submitted as an electronic document printable in A3 format.
    • The construction drawing / partition plan must be an as-built drawing for existing buildings.
  • Proof of ownership (current excerpt from the land register, purchase contract if applicable, current excerpt from the commercial register if applicable),
  • current excerpt from the official real estate map
What deadlines do I have to pay attention to?
  • none
Processing duration
  • not specified
Legal basis
Appeal
  • administrative court action (the certificate of seclusion is not an administrative act)
Applications / forms
  • Forms/ online services available: No
  • Written form required: depends on state law
  • Informal application possible: Yes
  • Personal appearance required: No
Author

The text was automatically translated based on the German content.

Teaser

You must apply for a certificate of seclusion if you wish to establish a separate property or assert a permanent right of residence.

Process flow

  • You fill out the application and submit it to the relevant building authority together with the required documents.
  • The building authority will check your application and the documents.
  • If all requirements are met, the building authority will issue you a certificate of seclusion together with a copy of the construction drawing / partition plan.

Who should I contact?

Lower building supervisory authority

  • of the district or independent city
  • of the municipalities (if the tasks of the lower building supervisory authority have been transferred)

Competent authority

  • competent building authority of the country

Requirements

  • You must prove that you are either the owner or heritable building right holder of the apartments for which a certificate of seclusion is requested. Alternatively, you must provide credible evidence of your legitimate interest (e.g., purchaser).
  • Condominiums are deemed to be self-contained if
    • it is structurally separated from other apartments or rooms, for example by walls and ceilings, and
    • has its own lockable access directly from the outside, from a staircase or an anteroom; the access may not lead via another separate property or via a neighboring property without real security.
  • A self-contained apartment or self-contained rooms not used for residential purposes may include additional lockable rooms outside the respective enclosure (for example, storage rooms in the basement).
  • Parking spaces as well as parts of the property outside the building (such as terraces and garden areas), on which separate ownership is also to be established, must be clearly defined by dimension specifications in the construction drawing / partition plan.

Which documents are required?

  • Application for a certificate of seclusion,
  • construction drawing / partition plan (site plan, floor plans, sections and views),
    • In the case of a written application, the construction drawing / partition plan must be enclosed in duplicate, legible and to scale and must not exceed DIN A3 format.
    • In the case of electronic application, the construction drawing / partition plan must be submitted as an electronic document printable in A3 format.
    • The construction drawing / partition plan must be an as-built drawing for existing buildings.
  • Proof of ownership (current excerpt from the land register, purchase contract if applicable, current excerpt from the commercial register if applicable),
  • current excerpt from the official real estate map

What deadlines do I have to pay attention to?

  • none

Processing duration

  • not specified

Legal basis

Appeal

  • administrative court action (the certificate of seclusion is not an administrative act)

Applications / forms

  • Forms/ online services available: No
  • Written form required: depends on state law
  • Informal application possible: Yes
  • Personal appearance required: No

Author

The text was automatically translated based on the German content.

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