The Apartment Deed (Akte van Splitsing) is a crucial document in Dutch property law, required whenever a building is divided into separate apartment rights. This legal instrument transforms a single property into multiple separately owned units while maintaining shared ownership of common areas. The deed must comply with strict requirements under the Dutch Civil Code and is essential for both new developments and conversions of existing buildings. It serves multiple purposes: establishing individual ownership rights, defining common areas, creating the mandatory Association of Owners (VvE), and setting rules for property management and maintenance. The document is particularly relevant in urban areas where apartment buildings are common and must be prepared by a civil law notary to ensure legal validity and proper registration with the Land Registry Office (Kadaster).
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1. Parties: Identification of the property owner(s) initiating the split and any other relevant parties
2. Background: Information about the property, including its current status and reason for splitting
3. Definitions: Legal and technical terms used throughout the deed
4. Property Description: Detailed description of the entire building and land, including registration details and legal title
5. Division Details: Specification of how the property is divided into apartment rights, including share ratios
6. Common Areas: Definition and description of common areas and facilities
7. Private Areas: Specification of private areas belonging to each apartment right
8. Association of Owners: Establishment of the VvE, its structure, and basic governance rules
9. Rights and Obligations: General rights and obligations of apartment owners
10. Management and Maintenance: Rules for property management and maintenance responsibilities
11. Financial Provisions: Rules regarding service charges, maintenance reserves, and other financial obligations
12. Insurance: Requirements for building insurance and related matters
13. Dispute Resolution: Procedures for handling disputes between owners or with the VvE
14. Final Provisions: Closing clauses, applicable law, and execution requirements
1. Special Usage Rights: Used when specific areas (like parking spaces or storage units) have special allocation rules
2. Mixed-Use Provisions: Required when the building contains both residential and commercial units
3. Phasing Provisions: Needed when the apartment division will be implemented in phases
4. Sustainability Provisions: Used when there are specific environmental or energy-efficiency requirements
5. Heritage Provisions: Required when the building is a listed monument or in a protected area
6. Easements: Included when there are specific rights of way or other easements affecting the property
1. Floor Plans: Official drawings showing the division of the building into apartments
2. Property Survey: Recent cadastral survey of the property
3. Division Drawings: Detailed technical drawings showing exact boundaries of private and common areas
4. Calculation of Share Ratios: Documentation showing how ownership shares are calculated
5. VvE Rules and Regulations: Detailed rules for the Association of Owners
6. Building Technical Description: Detailed description of building specifications and installations
7. Municipality Approval: Documentation of municipal approval for the apartment split
8. Environmental Certificates: Any required environmental or energy performance certificates
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