Restriction on the sale of the residential property

Restriction on sale – A person who owns a dwelling or part of a dwelling is entitled to sell this property. If the owner is a member of a community of owners, the members of the community have the interest that the new owner is appropriately integrated into the existing group. For this reason there is a regulation in the WEG §12. In a declaration of division it may have been arranged that “a condominium owner requires the consent of other condominium owners or a third party for the sale of his condominium or partial condominium.” The purpose of this provision is to ensure that condominium associations have fewer problems with the incorporation of new owners. In most cases, a contract between an owner and a buyer is void without the consent of the condominium association.

Restriction on sale at a glance: Preventing the sale of separate property

• Owner of an apartment, or part of an apartment is entitled to sell property
• If owner is a member of a community of owners, members have the desire that new owner integrates properly into the group
• Regulation in WEG §12: In the declaration of partition it can be arranged that flat owners need the agreement of other flat owners or a third party for the sale of their property.
• Purpose: Owners’ associations have fewer problems with the integration of new owners
• Contract between owner and buyer is in most cases invalid without the consent of the community of owners

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