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VvE explained / The basics

The deed of division explained

The deed of division is your VvE's most important document. What's in it, where do you find it and how do you change it?

The splitsingsakte (deed of division) is your VvE's constitution. It sets out how the building is divided, who pays what and how decisions are made. Knowing your deed prevents a lot of discussion.

What is a deed of division?

The owner of a building may divide it into apartment rights (article 5:106(1) of the Dutch Civil Code, BW). This is done by a notarial deed registered in the public registers. The deed includes a drawing showing the boundaries of the private parts (article 5:109 BW).

What's in it?

By law, the deed must include among other things (article 5:111 BW):

  • the location of the building;
  • a description of the private parts and which apartment right each belongs to;
  • the land registry designation of the apartment rights;
  • regulations.

The regulations in turn cover, among other things (article 5:112(1) BW):

  • which costs are borne by all owners together;
  • the yearly operating account and the owners' contributions;
  • the use, management and maintenance of the shared parts;
  • who insures the building and against which risks;
  • setting up the VvE and its articles.

The model regulations

Many deeds refer to model regulations (modelreglement). That is a standard text registered in the public registers that counts as part of your regulations (article 5:111(d) BW). Several versions have been published over the years. Check which version your deed refers to, as the rules can differ. Your deed can also deviate from the model.

Where do you find the deed?

The deed is in the public registers of the Kadaster (Land Registry). You can request a copy there. Request any amendment deeds too.

Amending the deed

An amendment can be made with the cooperation of all owners. It can also be made with the board's cooperation if the owners' meeting decides so with at least four fifths of all votes, or a larger majority if the deed requires it (article 5:139(1) and (2) BW). The notice period for that meeting is at least fifteen days. The amendment itself is made by a notarial deed that is registered (article 5:139(5) BW). If someone refuses to cooperate without good reason, the subdistrict court can grant authorisation (article 5:140 BW).

Source: Dutch Civil Code Book 5, title 9 (apartment rights)

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