Specifics of the registration of apartments or premises that form part or a building

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1. With respect to the registration of the apartments of the condominium: are there any specific formal characteristics of the registration related to the condominium or any characteristics that indicate that such apartments are subjected to a condominium, such as a formal statement, a number or other sign in the condominium or the corresponding share related to each apartment?

The statutes of the building and the regulation of co-ownership must be entered in the land register, together with the graphical report drawn by an architect.

The later sales of an apartment—de iure, the sale of a unit in a building divided in apartments—must refer to these statutes and regulation, thus creating an unbreakable link between the registration of the building and the registration of an apartment. Such sales of an apartment take the form of an authentic (notarial) act and are to be entered in the land register.

2. Anyway, does registration of the apartment include the share of the apartment related to the global condominium?

Yes, what a buyer buys is not an apartment but a unit in a building divided in apartments and this unit is composed of the apartment itself and the share in the common parts of the building (and costs of these common parts) (see 1).

3. What type of relationship is there between the registration of the building and the registrations of the apartments? Are the building and the apartments in absolutely separated registrations, with no connection at all?

See 6. Once the statutes of the building and the regulation of co-ownership are registered (the registration of the building as it were) the registration of the transfer of the ownership of an apartment must refer to this previous registration of the building. Also, this will be made clear in the notarial act of sale of an apartment.

4. Which physical data of the apartments are usually collected in the registration to describe the property? (Floor or storey where located, surface, boundaries, access, rooms, postal address, cadastral code).

The building and the apartments will be described in the notarial act according to the Land Registration Act requirements: address (and name of the building), cadastral references and reference to the plan(s) annexed to the statutes of the building (see 5), together with the indication of where the apartment is situated in the building (e.g. apartment number 5 situated on the 3rd floor).

5. If registrations in your system refer to a plan or to the cadastral map, how (if at all) does the plan show the position (horizontal and vertical) of the apartment within the building?

See 4.

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