Why Would I Divide My Apartment Block Into Separate Units, Condos?

Yesterday's post created many responses regarding the question: Why would or should I divide my property into separate units?

At the outset I would like to stress two big words: IT DEPENDS or as we like to say "How Long Is A Piece Of String".

List of possible reasons:

• sharing out a property between investment partners wanting to go separate ways
• sharing out a property between heirs wanting to go separate ways
• selling off a property in single units at a higher price per m² in single units
• increasing value for potential buyers
• increasing LTV for mortgaging as banks like divided properties very much
• ...

Areas of Concern

• Many of the angles have tax implications totally destroying the intent, for international investors possibly a double taxation issue.
• Is your property in an area where the division might be blocked by local authorities for fear of "gentrification" or is it already in a protected area.
• What is your investment goal?

One of the key variables in deciding on a strategy for your property is the time horizon you have set for yourselves. If you are looking for the long game, blocked areas are still feasible for a division, as long as you don't plan to sell within the next 7 years. So one investor's concern is no problem to the next.

One item everybody shares in this process is the cost as it does not depend on the intent, this is what yesterday's post was about. Developing a strategy for your property or portfolio based on the intentions of the owner(s) and the individual properties is one of the specialties required. So the main question is:

How Long Is A Piece Of String?

Which summarizes strategy if not approached deliberately. Are you an investor wanting annual income from your investment or are you investing in value gain and see what happened after 10 years? Both strategies are valid but need different approaches.

If you are interested in a cost estimate for dividing a 20 apartment "average" building have a look at yesterdays post on this block.

http://germanproperties.blogspot.com/2018/06/how-much-does-it-cost-to-split-my.html

If you want a cost estimate for your specific situation please contact an expert.

Why Would I Divide My Apartment Block Into Separate Units, Condos?

How much does it cost to split my apartment block into condos?

Many owners of apartment buildings in Germany are contemplating a title split for their property. There are various reasons why property owners might want to divide a property into separate legal units and this is not limited to apartment buildings. However, the purpose of this article is to cast a light on the steps involved and their cost based on an “average” building in an average location.

Profile of our “average” building:

• The rental area is 1,660 m².
• There are 20 apartments.
• The monthly rent is 6.00 €/m² resulting in an annual rent of 115,000 €.
• The fair market value is 115,000 € annual rent x multiplier 25 = ca 2.9 MM €
• The gross floor space is 2,000 m² (including ca. 17% construction and traffic area).

As-Built Measurements

The single largest cost is producing exact plans and measurements if not readily available. This will mostly be the case with pre-war buildings. The first step would be checking the archives, including the local council’s archives for building permits. If plans and measurements are not available there is no way of getting around having a surveyor take every measurement of the building and drawing up new plans. There are different cost models for this type of work; a widely used one refers to the actual measured gross floor space.

Photo by Lorenzo Cafaro from Pexels

In the case of our “average” building, this could be 6.00 €/m² gross floor space = 12,000 € plus VAT = 14,280 €.
As all apartments need to be accessed by the surveyor there is a great coordination requirement with the tenants by the property manager which he might well want to charge for but this is not included in this calculation.



The next cost items are incurred in any case, independent of the origin of the plans and measurements.

Plans and Certification

A set of plans including the land surveyor plan of the plot have to be prepared according to specifically defined requirements issued by the local council. The cost for the production and submission of the application for the certification of the partition plan (ger. Abgeschlossenheitsbescheinigung) will in our example be about 2,000 €.
The charges levied by the local council for issuing the certificate for the partition plan depends on the level of complication, for our “average” building I am estimating 10 € per unit = 2,000 €.

Declaration of Division

The declaration of division (ger.Teilungserklärung) is a notarized document based on the plans as certified by the local council which also includes statutes of the owners association. It refers in most parts to the code of the Wohnungseigentumsgesetz (WEG). An English translation of the code is available here: https://www.gesetze-im-internet.de/englisch_woeigg/index.html
The draft of the declaration of division should be done by an experienced lawyer/notary in conjunction with someone knowing the strategy for the property. e.g. planned rooftop development, expansion of an existing building or a separate new building on the plot, parking lot spaces, garages etc..

The fee scale for the notary (assuming he produces the draft) is based on the fair market value of the property, in the case of our “average” building it would be ca. 6,200 € incl. VAT and sundries.
The execution of the title split in the register is also value based and would be 2,450 € in our example case.

Project Management

I strongly suggest engaging a project manager experienced in this field to manage the process if you are not in the position to confidently deliver the task yourself. Poor concepts for the declaration of division can create big problems, are costly to rectify and in some cases irreparable once only one unit is sold to an external owner. ANY change to the Declaration of Division or the statutes needs 100% votes. A new co-owner might demand payments to agree to the changes. Even if changes can still be made, it will produce further, unnecessary cost.
In the case of our “average” building the project management cost is estimated at 3,800 € incl. VAT.

Cost Summary

Notary	6,200.00	Based on value incl. VAT and sundries
Register	2,450.00	Based on value
As built measurements and plans	14,280.00	6 € per m² gross floor space
Producing split plans for the property register	2,000.00	Time fee and reproduction and submission of application at local authorities
Certified Partition Plan by local authorities	2,000.00	Ca. 100 € per unit, depending on the level of complication
Property Management for access coordination with tenants	?	Depends on contract and relationship with the property manager
Management of the project	3,800.00	Estimated 4 days at a daily rate 800.00 plus VAT
Estimated total cost	30,730.00	With new measurements and plans

Conclusions

The cost of the conversion of your apartment block into a condo building is roughly 1 % of the value. This is not a formula for the estimation just the outcome for our “average” building but it provides an idea of scale to “plug in” your preliminary business plan. As mentioned at the outset, the motivation for the process and the timescale are central elements to the decision.
Further considerations
There are areas in big cities in Germany where title splits are blocked to prevent “gentrification”. However, this block can be avoided when the strategy for the property is long term. More information about the legal block: http://germanproperties.blogspot.com/2018/03/thinking-about-dividing-apartmentblock.html. Please contact me if you are interested in long-term strategies as the level of detail would go far beyond this article.

Glossary

Here are further terms describing the process of dividing a property into individual, legally tradeable independent units

• declaration of division
• declaration of apportionment and the apportionment plan
• statement of partition
• title split
• Teilungserklärung (ger.)

How much does it cost to split my apartment block into condos?

Pitfalls to Avoid When Buying an Apartment

You are planning to buy an apartment and you're satisfied with your calculations. A few months after the purchase you receive a letter from the property manager asking you to transfer 2,400 Euros because of a decision made by the owners association months before your purchase.

This has happened to a buyer and he thought he was not liable for decisions made by the owners association before he became the owner of his apartment. He took it to court but the court denied his objection. So did the next to levels of courts of appeal. The payment of any extraordinary payment agreed in the owners meeting are not due right away but when the property manager calls in the payments. Whoever is the owner entered in the land register at that point in time is liable for the payment.

Photo by Joel & Jasmin Førestbird on Unsplash

This is proof that the investment into a due diligence is not a luxury but a necessity. When performed thoroughly it would have detected and highlighted the looming payment and would have enabled the buyer to make a provision in the purchase contract, support price negotiations or at a minimum would have avoided a nasty surprise.

In the example given, the surprise payment exceeded the cost of a due diligence for one apartment sixfold.

For more information on due diligence services see also http://www.berlin-portfolio.com/Purchase.html

Pitfalls to Avoid When Buying an Apartment

Thinking About Dividing an Apartment Block into Condos in Berlin? What Could Possibly Go Wrong?

A growing number of owners of apartment blocks in Berlin are contemplating selling their property to take advantage of the high demand and increased prices. Instead of selling an apartment block in its entirety in one go, the sale of single condos is seen as a way to achieve higher prices per sqm and ultimately for the building in total.

The main issue I want to discuss here is the subdivision of an apartment block into single apartments in inner-city areas in order to be able to sell them individually.

Certain district administrations of Berlin, which are the local government in this context, have declared certain regions of their district “Milieuschutzgebiet”. These are areas where a Preservation Statute applies. Every area has a specific boundary and will quote specific regulations from Section 172 of the Federal Building Code (Baugesetzbuch).

These are the districts that already have preservation areas in place or are in the process of raising the empirical data needed to declare such an area:

• Charlottenburg-Wilmersdorf
• Friedrichshain-Kreuzberg
• Lichtenberg
• Mitte
• Neukölln
• Pankow
• Tempelhof-Schöneberg
• Treptow-Köpenick 

What is the impact on the owner?

In order to convert an apartment block into condos or individual freeholds (Eigentumswohnung) a permit from the district is required. In March 2015 the Berlin city government has released a regulation called “Umwandlungsverordnung” which allows the district to refuse the permit to divide (Teilungsgenehmigung) in areas under the Preservation Statute. Since preventing the “gentrification” of these areas through conversions is one of the purposes of declaring these areas “under protection”, the permit will be denied.

However there is another aspect to the story of the Preservation Statute which is not related to the division: The owner will not get a permit for what is seen a luxury modernization, e.g. new balconies bigger than 5 m², luxury bathrooms (definition in the regulation), join small apartments into big apartments, lifts and many other major works usually leading to rent increases.

What should I do?

If you are happy with your building and don’t plan to sell it in the near future you just need to keep your building in good shape and well managed, there is nothing you need to worry about.

However, if you are considering selling your property I recommend getting experienced local advice. There are different aspects of the business plan that might lead to different decisions when looked at in isolation as opposed to the total picture. Just to name some of these aspects, permits, tax, cost of marketing, timeline, first refusal rights of city and tenants (condos only) etc.. And it’s worth mentioning that sold individually you might not sell some units for years, at least not for the price envisaged.

Call me. We are specialized in guiding international investors through the ever-changing picture of market developments and regulations. Phone number

Academic / para-legal background.

The Federal Building Code allows local authorities to define specific areas for protection. This is done by means of local government procedures within the framework of the Federal Building Code. The regulations are spelt out in Section 172 of the code. All specific regulations will have to relate to this section.
Section 172 The Preservation of Physical Structures and of the Specific Urban Character of an Area (The Preservation Statute)

You will find an English version of the code here germanlawarchive.iuscomp.org

Thinking About Dividing an Apartment Block into Condos in Berlin? What Could Possibly Go Wrong?

How secure are you when buying off-plan property in Germany?

Buying Off-Plan Properties, i.e. properties that are not yet as they are supposed to be according to the purchase contract, can be seen as risky. This could be a family house or a condo yet to be built or renovated. There is a building specification and some material samples trying to describe what the property should look like when it is finished.

In an ideal world for the buyer, no money changes hands before the project is finished and the result is satisfactory. For the developer, there is the worry if the buyer can and will pay once the project is finished.
In the German legal system, there is a regulation with a monstrosity of a name: Makler- und Bauträger Verordnung (MaBV),  which can be translated as Agent and Developer Ordinance - not much better. I will ignore the part dealing with agents for this purpose.
This ordinance regulates when and under which conditions a developer is allowed to take money from a buyer or the buyer's bank. Yes, this is right, he can not only not ask for the money if the conditions are not fulfilled, he is not even allowed to take it if you offered it - who would?
The regulation defines 13 instalments of the purchase price related to the building progress. Only up to 7 instalments are allowed, meaning that the developer will provide a payment plan which will bundle some of these instalments.

Here is an infographic about the 13 instalments:

Instalments according to MaBV

To receive the full-size infographic and detailed information about all aspects of the security system for Off-Plan Property buyers in Germany including a translation of part of the actual regulation regarding the payments please leave your information below. After the usual confirmation email, you will receive an email with the download link and an extensive report.

How secure are you when buying off-plan property in Germany?

German Housing Market – Price Development in 2015 (Deutsche Bundesbank)

The German Federal Bank (Deutsche Bundesbank) has provided an analysis of the developments in the German Residential Market in their Monthly Report February 2016 https://www.bundesbank.de/Redaktion/DE/Downloads/Veroeffentlichungen/Monatsberichte/2016/2016_02_monatsbericht.html. The analysis is based on research data published by other institutions like vdp (Verband deutscher Pfandbriefbanken) or bulwiengesa AG.

 Price Development

In 2015 the prices for residential properties saw a significant increase. The spread across the country was wider than in the previous year. The price effect of growing demand combined with continuing favorable financing conditions was again stronger than any increase in availability of housing. Based on price determining economic and demographic factors the value of properties in urban areas will remain high and growing.

Based on information by bulwiengesa AG, prices for residential properties in German cities increased by 6% in 2015 after 5.5% in 2014 and 7.5% in 2013. The prices increase for condos was 6.5%, higher than single and semi-detached houses. Also the price increase for multi-tenant blocks was higher than the annual average since the beginning of the recent upswing in the German property market.

The average price increase for residential properties across all types in big cities slowed down compared to previous years and was the same as in cities in general at 6.25%. The increase for apartment blocks was at 7.25% by 2.0% higher than the average since 2010.

Rent Development

For new rental contracts in cities the increase was at 3.25% close to the previous year’s figure whereas the rent increase for new built apartments slowed down. In big cities the slow down on both categories was discernable. Whether this was due to the rent cap introduced in 2015 in Berlin, Hamburg, Düsseldorf, Frankfurt a.M., Köln, München Stuttgart and several smaller cities and towns.

Economic and Financing Development

The steady economic development in Germany with positive outlook for income and employment supported a strong demand in the residential market. While the price-income-ratio for owned housing increased over the period of the last 3 years the average interest rate decreased in 2015 by 0.5% to fewer than 2%.

German Housing Market – Price Development in 2015 (Deutsche Bundesbank)

The New Lifestyle Center of Berlin-Mitte

Chausseestrasse at the north end of Friedrichstrasse in Berlin-Mitte is the new Lifestyle Center of the city.

The immediate environment is developing fast. Every visit brings new discoveries, a new espresso bar, a new restaurant, a hidden away well-established restaurant or the new bio-supermarket. There are attractions like the climbing garden “Mountmitte", the Natural History Museum and others at nearby Invalidenstrasse. For art lovers, the contemporary arts gallery at the “Hamburger Bahnhof” – is within a few minutes walking distance.
Looking at an aerial view, the amount of interspersed green areas become apparent. Bigger parks like Humboldhain or Tiergarten are within comfortable jogging distance. Pankepark and the Park am Hauptbahnhof (currently under development) surround the vicinity of  Chaussestrasse.

The company offices, some of them Germany headquarters, and federal ministries in the area are numerous. A few examples: Deutsche Bahn AG (3,000 office jobs), Vattenfall, Total, Bayer-Schering Pharma, Charité (University Hospital w. 3,800 doctors and scientists).  Federal Ministry (FM) of Transport, Building and Urban Development, FM of Economics and Technology, FM of Education
 
Currently there are several interesting property developments in construction or planned. There is "The Mile", "The Garden Living" and of course Daniel Liebeskind’s prestigious "Sapphire" project, with still more opportunities to come. For an interested buyer, especially living far away, it is a tedious task to follow all the developments, get brochures from all kind of agents and developers and at the same time know what is real and what is "pie in the sky" and might never be built. To help in those situations, there is a service available which provides an independent one-stop-shop for Luxury Condos in Berlin, especially in the central areas.

Sign up for information updates at condos.city-of-berlin.com

The New Lifestyle Center of Berlin-Mitte

City of Berlin has extended protection of condo tenants to 10 years.

The Berlin City Government has signed off a new regulation today starting 1. October 2013 protecting current tenants of a property newly divided into condos from being given notice for the purpose of own use for a period of 10 years after the division. This new act replaces the last 2011 regulation which only covered 6 districts and 7 years whereas the new one applies throughout the city.

This protection is for the residents at the precise moment of the division only. In case of new rentals the new tenants should be made aware of the fact that their new home is actually a rented condo, buy-to-let apartment or investment apartment as they are called as well. There is no influence on rent levels, contract durations or any other contract matter through this regulation.

The purpose of this act is said to address issues of so called "gentrification" in popular central locations and the impact of current short supply of affordable (low rent) apartments on the rent level inthe city.

For support in the identification of the right investment targets please visit our website at www.berlin-portfolio.com. Especially for international Private Investors and Property Funds we provide a task force service for quick reaction to interesting opportunities. We provide independent support for the property search including foreclosure or auction properties and their valuation or appraisal. (Also see our free property market Research Service) Please use this link to the contact facilities provided there to place any requests .
Uwe Falkenberg 

City of Berlin has extended protection of condo tenants to 10 years.

Rise in Porperty Prices and Rents Flattens Out in Q2 / 2013

The much scrutinised rise in property prices and rents over the last months is taking a breath in the second quarter of 2013. This is the result of a regular study performed by Empirica  (click for full report in German) looking at advertised offers.

Investment Apartments

For condominiums, prices went up by 0.1% compared to the previous quarter 2013 but up by 5.1% for the German average compared to the second quarter 2012 (YTD). For the big cities this YTD figure is even 6.7%.

click to enlarge
 

Interestingly the Berlin market for condos does not appear in the top 10, yet neighbouring Potsdam made it. Common view is that Berlin will catch up soon and at high speed. Berlin being traditionally a city of renters (more than 80% are renting) there is a high influx of international money looking for investment after the stock markets are getting more and more volatile due to uncertainty about the duration of cheap money from the Federal Reserve in the US.

The demand of international investors is mainly targeted at buy to let apartments in preferred locations in Berlin.

Rents

There was virtually no change in rents compared to the previous quarter detected by Empirica. Compared to last year the average rise in Germany was  3.3%.

click to enlarge

The graph shows Munich ranking in No.1 as has been for years now. The Berlin Rental Market is still behind but the catch-up over the last years has been enormous.

For support in the identification of the right investment targets please visit our website at www.berlin-portfolio.com. Especially for international Private Investors and Property Funds we provide a task force service for quick reaction to interesting opportunities. We provide independent support for the property search including foreclosure or auction properties and their valuation or appraisal. (Also see our free property market Research Service) Please use this link to the contact facilities provided there to place any requests .
Uwe Falkenberg

Rise in Porperty Prices and Rents Flattens Out in Q2 / 2013

German Residential Properties on the Upturn - Demand for Condos Rising

The BBSR (Bundesinstitut für Bau-, Stadt- und Raumforschung) an institute operated by the German federal government have published their annual research results on the German residential market. The focus was on owned single apartments (condos or condominiums). For more information in German click here.

After a longer period of price stability prices for residential property especially for condos in big cities have risen. There is no indication for a price bubble though.

The average price for used/existing condos in 2010 was at 1,160 €/m² whereas in the same period it was at 2,400 €/m² for newly built apartments (condos), more than double. For big cites the data for 2011 are available and show an increase of 3.5% for used and up to 14% for new condos (which includes newly built or newly divided existing buildings). Especially private investors view this investment type as a safe haven in view of the Euro crisis. The development is also supported by currently exceptionally good financing conditions.

Purchase Prices per square meter in 2010

© Copyright by BBR. Alle Rechte vorbehalten.

Click here or the picture for a bigger version.

From a marco-economic viewpoint the development of the prices for condos is congruent with the development of rents. Especially in economic centers with strong growth demand for housing is high with a price driving effect on both rents and condo prices which also radiates into the nearby areas.

Condo Prices compared to rents in Germany 2010

© Copyright by BBR. Alle Rechte vorbehalten.

 Click here or the picture for a bigger version.

German Residential Properties on the Upturn - Demand for Condos Rising

Why is Berlin-Prenzlauer Berg still a Destination for Property Investors?

Prenzlauer Berg

Right from the beginning of the discovery of Berlin as a Property Investment Hotspot for International Investors in 2004 the area of Prenzlauer Berg or "Prenzlberg" to the locals was one of the focus points. It soon became too expensive for reasonable investments and there still was a lot to do. At this point many tenants and investors tuned to the neighboring Friedrichshain. Still today Friedrichshain is more "studenty" whereas Prenzlauer Berg is more "Bohemian" with a higher level of rents (and income). Here is some backgound information:

Prenzlauer Berg was developed during the second half of the 19th century based on an urban planning design from 1862 by James Hobrecht, the so-called Hobrecht Plan for Berlin. Envisaged as a working-class district, its tenement houses (in German: Mietskasernen) were mainly inhabited by intellectuals, artists, and students in the former German Democratic Republic.

This area of former East Berlin is now perhaps the most sought after area to live for professionals and young families.  The area was relatively unscathed by Second World War bombing, leaving street after street of intact 19th and early 20th century apartment buildings.  It offers an abundance of beautiful pre-war ‘Altbau’ buildings, the vast majority of which have been completely restored since unification of the city.  Rising property values have led to more wealthy residents moving into some areas of the borough.

It is close to central Berlin and has a lively café, bar and restaurant scene as well as several parks and green spaces. Popular places to go out include Kastanienallee, Kollwitzplatz (home to the sculptor Käthe Kollwitz), with its excellent Saturday market, Kulturbrauerei (an expansive brewery which has been transformed into a centre for culture and evening entertainment) and Helmholtzplatz.   Keeping in rhythm with a slower, more livable pace, this area also abounds with several weekly street markets and the world-famous Mauer Park Flea Market every Sunday.  This area is also home to countless advertising, design and media firms and traditionally the bohemian quarter of East Berlin,this is still a haven for artists and alternative culture, despite gentrification.

Some of the Highlights of Prenzlauer Berg

The varied history of Berlin comes to life in this neighborhood through its many diverse cultural and social offerings. Truly this is one of the most interesting places to take in all that this reborn city has to offer, which also makes for an ideal property investment opportunity in Berlin.

Over a period of only 3 years the purchase prices for apartments in Prenzlauer Berg rose from 2,300 €/m² to 3,000 €/m² while the rents in the same time span went from 7.30 €/m²/month to 9.24 €.

Because of its ambiace Prenzlauer Berg is attractive as a location for condos to be used by he investor as much as a buy to let investment in rented apartments. Attractive developments with excellent potential and both options are coming up for sale . More detailed information can be found here: www.Properties-in-Berlin.com.

Why is Berlin-Prenzlauer Berg still a Destination for Property Investors?

Properties-in-Berlin.com Relaunch

Our sister website Properties-in-Berlin.com is currently relaunched. The site serves as a portal for a network of property agents specifically targeted at international investors. It provides all information in English.

A new product section is now included: Villas.


The other sections are Single Apartments either vacant as Condos or rented as Investment Apartments.

Retail and office buildings in Commercial Properties

 Residential Investment Properties

And some specialised topics like Development Properties and building plots.

The listings are currently uploaded and will be kept updated.

The aim is to provide information and a network of professionals needed in the process of buying a property in Berlin: Tax consultant, bulding surveyor, solicitor, Notary public and finance.

Properties-in-Berlin.com Relaunch

Property as subsidised Pension Plan in Germany adopted by the cabinet

The cabinet of the German Federal Government has adopted a draft which allows up to 75% of a subsidised pension scheme to be used for the purchase of a property for own use.

With Germany having a high quota of rented accommodation, in Berlin ca. 85%, this option will open a vast market as exit strategy for real estate investors. Details, especially taxation are still to be finalised.

Property as subsidised Pension Plan in Germany adopted by the cabinet