What is Included in Common Property and What is Included as an Apartment

It seems simple to distinguish between an apartment and common property; what is not included in an apartment is common property.
But in practice, the matter is complicated and unclear because of a lack of uniformity in the terms apartment’ and ‘common property and other terms in the Real Estate Law and the Planning and Construction laws.

There is a disconnect between the planning and construction procedures and the condominium registration procedures, and it will not always be an unavoidable condition to obtain approval from the local planning and construction committee to register the shared housing.
Thus, there may be cases in which an apartment will include linkages that form part of the same apartment, while in practice, it is not possible to do so according to the planning and construction laws.

Let us take a typical example of linking many parking spaces to one apartment at the expense of other flats, which can be done under the Real Estate Act but not under the Planning and Building Law.