If you are establishing separate ownership of an apartment, non-residential premises (such as commercial space), or a parking space, you will need a certificate of separation. You will also need this certificate if you wish to assert the right to permanently reside in a specific apartment within the building (permanent right of residence).

The certificate of separation serves as proof that

• an apartment is structurally sufficiently separated from other apartments or rooms, or
• non-residential spaces (partial ownership) are separated from other spaces.

Separate ownership may also be established for parking spaces and for parts of the property located outside the building, such as terraces or garden areas. The separate ownership must be clearly defined by dimensions in the construction drawing or the floor plan.

The certificate of separation is issued by the competent building authority after reviewing your documents.

• You must provide proof that you are either the owner or the holder of a leasehold interest in the apartments for which a certificate of separate ownership is being requested. Alternatively, you must demonstrate a legitimate interest (for example, as a prospective buyer).
• A unit is considered separate property if
  • it is structurally separated from other apartments or rooms, for example by walls and ceilings, and
  • it has its own lockable entrance directly from the outside, from a stairwell, or from a vestibule; the entrance must not lead through another unit or, without a real property right, through a neighboring property.
• 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 located outside the building (such as terraces and garden areas) for which separate ownership is also to be established must be clearly defined by dimensions in the construction drawing or floor plan.

• Fill out the application and submit it, along with the required documents, to the appropriate building authority.
• The building authority reviews your application and the documents.
• If all requirements are met, the building authority will issue you a certificate of separation along with a copy of the construction drawing or floor plan.

• administrative lawsuit (the certificate of completion is not an administrative act)

• none

• No information provided

• Application for a Certificate of Separation,
• Construction drawings / layout plan (site plan, floor plans, sections, and elevations),
  • If the application is submitted in writing, the construction drawing / layout plan must be attached in duplicate, legible, and to scale, and must not exceed DIN A3 format.
  • If the application is submitted electronically, the construction drawing / floor plan must be submitted as an electronic document that is printable in DIN A3 format.
  • For existing buildings, the construction drawing/layout plan must be an as-built drawing.
• Proof of ownership (current land registry extract, purchase agreement if applicable, current commercial register extract if applicable),
• current extract from the official cadastral map

by bank transfer

• Forms/online services available: No
• Written form required: Depends on state law
• Informal application possible: Yes
• In-person appearance required: No