This Word template for the agreement to establish rights of special use has the following content:

• Special right of use regarding attic/roof storage

• Special right of use with regard to property area

• Authorization to create further special property units,

• Authorization to carry out conversion work

What is a special right of use?

The right of special use is an extremely flexible and still particularly important design element in condominium law. As a rule, it concerns exclusive rights of use to components of the building and/or - previously - the land that are not eligible for special ownership. Even after the WEG reform, there is no explicit legal regulation. § Section 5 (4) sentence 2 WEG, in which the legal institution is mentioned, has, however, been retained.

Special usage rights are understood to be the right of an individual owner (or even just a co-owner according to fractional shares in a unit, or a group of owners) to use parts of the common property to the exclusion of all other owners or another group of owners.

How can a special right of use be established?

The right of special use can be established by the dividing owner when condominium ownership is established or later by agreement and corresponding entry in the land register.

What types of special rights of use are there?

There are many different types of special rights of use. The right of use does not have to be limited to a specific type of use, even if this is usually the case.

The most common special rights of use exist with regard to

• car parking spaces (if partial ownership is not established),

• garden areas (if annex special ownership is not established),

• as a substitute solution for special ownership (e.g. in the case of semi-detached houses/quasi-real division, at least with regard to the parts/built-up area of the respective building that are necessarily in common ownership),

• common basement rooms, the use of which is, however, only reserved for the owners of a certain staircase or

• information and advertising signs.

Special usage rights to attic storage rooms for the owners of the apartment below are also possible, with the right to convert the rooms for residential purposes.