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VvE explained / The basics

How shares determine who pays what

The share in the deed of division often determines how much you contribute to the VvE's costs. Here's how it works.

Why does your upstairs neighbour pay more service charges than you? Or the same, even though their apartment is twice as big? The answer is almost always in the deed of division, in the shares (breukdelen).

What is a share?

An apartment right is a share in the whole building and land (article 5:106(4) of the Dutch Civil Code, BW). The size of that share is called the breukdeel. The law says the shares are equal unless the deed of division sets a different ratio. In that case the deed must show what the ratio is based on (article 5:113(1) BW), for example the floor area or value of the apartments.

Shares and costs

For shared costs, each apartment right contributes an equal part unless the regulations set a different ratio (article 5:113(2) BW). In many regulations that ratio equals the share. But it doesn't have to: always check your own deed.

A worked example

Say a building has three apartments with shares of 30/100, 30/100 and 40/100. The VvE has €6,000 of shared costs this year. If the regulations divide costs by share, the owners pay:

  • apartment 1: 30/100 × €6,000 = €1,800
  • apartment 2: 30/100 × €6,000 = €1,800
  • apartment 3: 40/100 × €6,000 = €2,400

If the deed says nothing about a different division, each pays an equal part: €2,000.

Shares and votes

The number of votes per owner is set in the articles in the deed (article 5:112(2)(d) BW). It is often linked to the share, but not always.

Liability

The ratio also matters for the VvE's debts. Whoever was an owner when a debt arose is liable for it alongside the VvE, for their part according to the cost division (article 5:113(5) BW).

Can shares be changed?

Shares are fixed in the deed. They can only be changed by amending the deed (article 5:139 BW).

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

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