Common parts (gemeenschappelijke gedeelten)

Common parts are the parts of the building and land not intended for use by one owner, such as the stairwell, the roof and the foundations.

Everything that does not belong to a private section is, in principle, common. The regulations must set out how the management and maintenance of the parts not intended to be used as a separate unit is arranged (article 5:112(1)(c) BW). In the Model Regulations 2017 these are the common parts: the common spaces, the land insofar as not private, and the building elements listed in the regulations. Movable accessories are called common items (article 1.1(m) to (o)).

The VvE manages them and takes care of maintenance and repair (article 20.1). Every owner and user may share their use according to their purpose and must handle them with care, even if such an element is located inside their private section (article 21.1).

The meeting may make rules on the use of the common parts, insofar as the regulations do not cover it (article 5:128 BW).

See also: Private section (privé-gedeelte), Exclusive right of use, Multi-year maintenance plan (MJOP), House rules (huishoudelijk reglement)

Read more: What is a VvE?

Legal basis: Boek 5 BW, art. 5:112, 5:128, Modelreglement 2017, art. 1.1, 20, 21

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