Differences between exclusive rights over the apartments and rights over buildings

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Please, explain briefly but as clearly as possible the scope of the rights relating (exclusively) to the apartments and the ones relating to the building or to the communal elements owned jointly.

The scope of the rights relating to the separate ownership of premises, or apartments is similar to ownership. Legal right to the exclusive enjoyment of a thing. It can be asserted against the whole world. Includes in particular the right to:

  • use a thing
  • profit from a thing, and
  • dispose of a thing

The scope of the rights relating to the building is similar to co-ownership. One thing (building) may be indivisibly owned by several persons (co-ownership).

Each co-owner is entitled to jointly possess a co-owned thing and to use it to an extent compatible with the joint possession and use of the thing by remaining co-owners (206 civil code).

Profits and other revenues from a co-owned thing accrue to the co-owners in proportion to the size of their shares, the co-owners bear the expenses and charges connected with the co-owned thing in the same proportion.

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