Partition of garages, basements and other accessory premises – how it works in condominium ownership

One of the frequently asked questions in partition cases is: “What happens with the garage, the basement or the attic?” These premises are usually part of a building under condominium ownership and have specific features when it comes to partition. This article examines what the law and case-law provide.

What are accessory premises

According to Article 38 of the Ownership Act (OA):

The common parts of the building (“the yard, the foundations, the outer walls, the inner dividing walls between separate parts, the inner bearing walls, the columns, beams, slabs, joists, stairs, landings, roofs, walls between attic and basement premises of the individual owners, chimneys, external entrance doors of the building and doors to common attic and basement premises, the main lines of all types of installations and their central facilities, elevators, drainpipes, the porter’s dwelling and everything else which by its nature or purpose serves for common use”) belong to all owners in the condominium.

To an independent property unit (apartment, studio, shop) may belong a basement, attic, garage or parking space, if registered as accessory premises.

This means that a basement or a garage may be part of the property (accessory premises) or an independent property unit (if they have a separate notarial deed and an identifier in the cadastre).

Partition of garages

If the garage is an independent unit (with a separate identifier), it is subject to partition under the same rules as apartments.

If the garage is described as an accessory to an apartment, it follows the ownership of the apartment and cannot be divided separately.

Case-law of the Supreme Court of Cassation: In a decision from 2013 the Court held that a garage registered as an accessory to an apartment cannot be subject to separate partition.

Partition of basements and attics

If they are independent units – they are partitioned under the rules for immovable property.

If they are common parts or accessory premises – they cannot be partitioned separately, but follow the ownership of the apartment.

Example: If heirs dispute a basement which is part of the apartment, it will be given to the heir who receives the apartment upon partition.

Problems and cases from practice

Unclear notarial deeds – often deeds do not specify whether a garage or a basement is an independent unit or accessory premises. This requires the court to appoint an expert examination.

Distribution of parking spaces – if they are located in a common underground garage, they are treated as common parts and cannot be subject to individual partition.

Changes in the cadastre – some basements or attics have been registered as separate units, which allows for independent partition.

Conclusion

Garages, basements and other accessory premises are partitioned depending on whether they are independent property units or part of an apartment. Court practice is categorical that accessory premises follow the ownership of the dwelling and cannot be partitioned separately.

If you have a dispute regarding the partition of a garage, basement or other accessory premises, you should consult a property law attorney who can examine your documents and protect your interests.