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Building supervisory authority (Berlin) to monitor compliance with public law regulations

Building supervisory authority (Berlin) – In general, the building supervisory authority monitors compliance with the public-law regulations for certain projects on building structures. These projects include, for example, the construction, modification, use, maintenance or demolition of buildings. Among other things, the building supervisory authority is responsible for the building permit procedure. In Berlin, the requirements […]

Resolution (WEG) of the condominium owners’ meeting

in Law, Real estate

Adoption of a resolution (WEG) – Adoption of a resolution is a decision that is voted on in the condominium owners’ meeting. The wording regulates certain matters which are passed in the meeting by the quorum of the condominium owners. Typical resolutions are, for example, those on the annual statement of accounts, the business plan […]

Quorum (WEG) of a condominium owner

in Law, Real estate

Quorum (WEG) – The competence of the condominium owners to pass resolutions in the owners’ meeting is defined by law. The quorum is a prerequisite for passing effective resolutions. The manager must check the quorum of the participants at each owners’ meeting in order to ensure the validity of a resolution. Quorum (WEG) at a […]

Second home tax as tax equalization

in Law, Real estate

Second home tax – If you live in a city but your primary residence is somewhere else, it is a second home. If this is the case, taxes must be paid. Since it is a municipal tax, it is levied by the municipality and taxes the holding of the secondary residence. The reason for levying […]

Resolution (WEG) concerning certain matters of the condominium owners

in Law, Real estate

Resolution (WEG) – The resolution of a condominium owners’ association (WEG) concerns matters that were jointly voted on and decided in the condominium owners’ meeting. However, resolutions can only be passed by condominium owners if they have a statutory resolution authority. Resolution (WEG) at a glance: Result of the condominium owners’ meeting Concerns matters of […]

Legitimate interest in certain data in the land register

in Law, Real estate

Legitimate interest – Anyone who wishes to obtain individual data on specific persons or on third-party properties must assert a legitimate interest. Accordingly, anyone who can demonstrate a legitimate interest is permitted to inspect the land register. Who can have among other things a justified interest are for example registered owners, or those to their […]

LTV ratio

in Law, Real estate

LTV – When buying a property with a loan, the bank specifies a certain limit up to which it may grant loans. The lending value included in it protects the bank in the event that the borrower can no longer meet his payment obligations and the property must be sold or, if necessary, foreclosed. The […]

Charge on land

in Law, Real estate

Encumbrance power of attorney – The encumbrance power of attorney authorizes the buyer to encumber the property with a lien in order to finance the purchase price. This power of attorney is only required if the buyer of the property wishes to obtain outside financing and the lender requires collateral for the loan. Thus, the […]

Community of gains as the statutory matrimonial property regime

in Law, Real estate

Community of gains – Unless otherwise agreed in a marriage contract, spouses or registered partners live in a community of gains. In this case, the assets of the spouses are separated during the marriage, however, these are combined and divided fairly upon divorce if an equalisation of gains is required. The community of accrued gains […]

Land-use plan

in Law, Real estate

Development Plan – The development plan regulates the manner in which land may be developed and the use of land to be kept open. It is a set of regulations with drawing, color and plan signs. The development plan is made public and can be inspected by anyone at the municipality. The type of building […]

Preparatory power of attorney of the buyer

in Law, Real estate

Construction preparation power of attorney – The construction preparation power of attorney is the authorization that the seller transfers to the buyer to be able to start with preparatory work. The scope of the power of attorney should be described exactly and the risks for the buyer should be clearly delimited. As a rule, the […]

Preliminary building application as the first step of a building project

in Build, Law, Real estate

Preliminary building application – In order to implement a building project, the consent of the municipality or a building permit is required, which can only be obtained through the preliminary building application. Through the preliminary building application, the builder can check which distance areas he must observe or whether exceptions or exemptions can be granted […]