Sondereigentum vs. Gemeinschaftseigentum: who pays for windows, balconies and pipes?

The basic rule

Legally, a condominium flat in Germany has two parts: separate ownership of the flat itself (Sondereigentum) and a co-ownership share in the common property (Gemeinschaftseigentum). Where the line runs is set by § 5 WEG — and partly in mandatory terms.

Your unit comprises the rooms of your flat and the components that can be altered or removed without affecting the common property or other owners’ rights beyond the unavoidable.

Common property is everything needed for the building’s structure or safety, plus installations used jointly by the owners — even if they are inside your flat (§ 5(2) WEG). No declaration of division (Teilungserklärung) can change this. Conversely, the declaration can turn components that could belong to a unit into common property.

So the declaration and the division plan are always worth reading — but they do not have the final say on every point.

The contested items

Windows. External windows with frames, fittings and glazing are always common property. They are part of the building envelope and shape the façade. Interior sills and interior paintwork can belong to the unit.

The flat’s front door. Always common property, according to the Federal Court of Justice (judgment of 25 October 2013, V ZR 212/12). The door separates your flat from the stairwell and defines its appearance. Replacing it — even with a security door — is a matter for the association.

Balcony. The slab, waterproofing, parapet, railing and drainage are common property. The floor covering above the waterproofing can belong to the unit, as can the paint on the inside of the parapet. Leaking balconies are among the most expensive repair cases in post-war buildings — and the association almost always pays.

Pipes. Main pipes and risers for water, sewage, heating and electricity are common property. Pipes that serve only your flat usually belong to your unit from the point where they branch off, unless the declaration says otherwise. Waste-water pipes often remain common property further along because they form part of a shared system.

Heating. The central heating plant is common property. Radiators inside the flat are often assigned to the unit; the declaration decides. Replacing radiators on your own can upset the hydraulic balancing of the whole building — and you may then be liable for the consequences.

Screed and impact sound. The screed is mostly treated as common property because it provides sound insulation between flats. The floor covering on top belongs to the unit. If you replace carpet with tiles, impact sound insulation must not fall below the standard owed when the building was constructed.

Roller shutters and awnings. External roller shutters are usually treated as common property because they shape the façade; the case law is not uniform. Awnings and air-conditioning units are structural alterations that need a resolution.

Clearly part of your unit. Floor coverings, interior doors, non-load-bearing interior walls, sanitary fittings, wallpaper and paint, fitted kitchen.

Who pays

All owners bear the costs of the common property, in proportion to their co-ownership shares (Miteigentumsanteile), unless otherwise agreed or resolved (§ 16(2) WEG).

Two deviations are common. First, many declarations contain a cost rule under which each owner pays for maintaining “their” windows or “their” balcony. That is permissible. Second, since the WEG reform, the owners’ meeting can adopt a different key for individual costs or certain types of costs by simple majority.

The key distinction is between paying and deciding. Even if you bear the costs of your windows alone, the association still decides on their replacement (§ 19(1) WEG). It determines when, how and with what product the work is done — so the façade stays uniform and the warranty sits with the right client.

The expensive trap: repairing it yourself

The most common and most expensive mistake: an owner replaces leaky windows on their own initiative and later asks the association to reimburse them. The Federal Court of Justice has clearly rejected this (judgment of 14 June 2019, V ZR 254/17). Anyone who repairs common property without a resolution bears the costs — even if the work would have had to be done anyway.

The exception is a genuine emergency: if damage is imminent, any owner may take the measures needed to avert it without a resolution (§ 18(3) WEG). A burst pipe on a Saturday evening qualifies; a window that has been draughty for years does not.

The right route is through the owners’ meeting: report the defect, request a resolution and, if necessary, go to court to obtain one. It takes longer but protects your money.

What you should do

What applies to structural alterations, and who pays for them, is covered in our article on structural alterations in a WEG. How to make maintenance of the common property plannable rather than negotiating each case every year is described on our page on technical management.

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For every property, Ravenica records which components belong to whom under the declaration of division and who pays for them — before the first damage raises the question.