Dutch Legislation

Title 9

in force

Appartementsrechten

Civil Code — Book 5 (Burgerlijk Wetboek Boek 5) · Articles: 45

Section 1

Algemene bepalingen

5:106 Article 5:106

An owner, a holder of a right of ground lease (erfpachter), or a holder of a right of superficies (opstaller) is authorised to divide their right to…

5:107 Article 5:107

An owner, a holder of a right of long lease (erfpacht), or a holder of a right of superficies (opstal) is also authorised, in connection with a…

5:108 Article 5:108

The apartment owners are obligated towards one another to establish and maintain the construction, the layout of the building, or the layout or…

5:109 Article 5:109

The division is effected by a notarial deed intended for that purpose, followed by the registration of that deed in the public registers.

5:110 Article 5:110

Notwithstanding the lack of authority of the person who effected the division to dispose of a registered property involved therein, the division is…

5:111 Article 5:111

The deed of division must contain:

5:112 Article 5:112

The regulations must provide for:

5:113 Article 5:113

The shares arising from the division into apartment rights are equal, unless a different ratio has been determined in the deed of division. In the…

5:114 Article 5:114

If, at the moment of the registration of the deed of division, a mortgage, an attachment, or a preferential right rests on all registered property…

5:115 Article 5:115

Where a right of ground lease (erfpacht) or a right of superficies (opstal) is included in the division, the ground rent (canon) or the periodic…

5:116 Article 5:116

Where a right of ground lease (erfpacht) or a right of superficies (opstal) is involved in the division, the provisions of the following paragraphs…

5:117 Article 5:117

An apartment right may be transferred, allotted, encumbered, and foreclosed upon as an independent registered property.

5:118 Article 5:118

An apartment owner may, insofar as not otherwise provided in the deed of division, without the cooperation of the other apartment owners, establish…

5:118a Article 5:118a

An apartment owner may, insofar as not otherwise provided in the deed of division, without the cooperation of the other apartment owners and holders…

5:119 Article 5:119

An apartment owner may, without the consent of the other apartment owners, make alterations to a part intended for his separate use, provided that…

5:120 Article 5:120

Without prejudice to the provisions of Article 112, paragraph 4, an apartment owner is authorised to use the portion intended to be used by him as a…

5:121 Article 5:121

In all cases in which an apartment owner requires the cooperation or consent of one or more other apartment owners, of the association of owners, or…

5:122 Article 5:122

Transfer under particular title or allotment of an apartment right includes, insofar as not provided otherwise, the rights acquired as apartment…

5:123 Article 5:123

In the event of a usufruct of an apartment right, the usufructuary shall take the place of the apartment owner with regard to the liability for the…

Section 2

De vereniging van eigenaars

5:124 Article 5:124

The association of owners is a legal person.

5:125 Article 5:125

The meeting of owners is vested with all powers within the association that have not been conferred upon other bodies by law or by the articles of…

5:126 Article 5:126

The association of owners shall manage the community, with the exception of those parts that are intended to be used as a separate entity. The…

5:127 Article 5:127

All apartment owners have access to the meeting of owners. Decisions are taken by an absolute majority of the votes cast, insofar as the articles of…

5:127a Article 5:127a

In the event of a serious threat of the emergence of a situation in which a part of the building that is not intended for use as a separate unit does…

5:128 Article 5:128

The meeting of owners is authorised to establish rules regarding the use of those parts that are not intended to be used as a separate entity…

5:129 Article 5:129

For the application of Article 14 of Book 2, the deed of division is equated to the articles of association.

5:130 Article 5:130

By way of derogation from Article 15(3) of Book 2, the annulment of a resolution of a body of the association of owners shall be effected by a…

5:131 Article 5:131

The board of the association shall consist of one director, unless the articles of association provide that there shall be two or more. In the latter…

5:132 Article 5:132

The apartment owners and the users of the parts intended for use as a separate entity are obliged to grant access to those parts to an administrator…

5:133 Article 5:133

In the event of an impediment or absence of the board, it shall be replaced by the chairman of the meeting of owners, unless other provisions have…

5:134 Article 5:134

Writs and notifications addressed to the joint apartment owners may be served upon the person or at the domicile of a manager of the association; in…

5:135 Article 5:135

Articles 45, paragraph 4, and 48 of Book 2 shall apply.

Section 3

Rechten uit verzekeringsovereenkomsten

5:136 Article 5:136

The person who, by virtue of the regulations, is obliged to have the building insured, represents the collective apartment owners in the exercise of…

5:138 Article 5:138

Disputes regarding repair or the manner of repair shall be decided by the subdistrict court judge of the court of the district in which the building…

Section 4

Wijziging van de akte van splitsing en opheffing van de splitsing

5:139 Article 5:139

The deed of division may be amended with the cooperation of all apartment owners.

5:140 Article 5:140

If one or more of the persons referred to in paragraphs 1 and 3 of the preceding article do not declare their position or refuse to grant their…

5:140a Article 5:140a

If one or more of the persons referred to in paragraphs 1 and 3 of Article 139 do not make a declaration or, without reasonable grounds, refuse to…

5:140b Article 5:140b

Upon the claim of an apartment owner who has not voted in favour of a resolution to amend the deed of division adopted by a majority of votes in…

5:141 Article 5:141

In the absence of the consent referred to in Articles 139, 140 and 140a, or the authorisation replacing such consent, the amendment shall be annulled…

5:142 Article 5:142

Limited rights and attachments with which the apartment rights are encumbered shall, following the amendment of the deed of division, rest upon the…

5:143 Article 5:143

The division is terminated by operation of law:

5:144 Article 5:144

Upon the petition of a person whose cooperation or consent is required for the amendment of the deed of division or for the termination of the…

5:145 Article 5:145

The apartment owners are obliged to comply with an order as referred to in the previous article, as soon as the decision has become final and binding…

5:146 Article 5:146

Limited rights, attachments and preferential rights to an apartment right shall, after the termination of the division, rest upon the share of the…

5:147 Article 5:147

The association of owners is dissolved by operation of law upon the termination of the division.