Substitute authorisation (subdistrict court)

With a substitute authorisation, the subdistrict court can grant permission that another owner or the VvE refuses without reasonable grounds.

Sometimes you need permission from other owners, the VvE or the meeting for an action, for example for work on common parts. If that permission is refused without reasonable grounds, or the other party does not respond, the subdistrict court can replace it with an authorisation (article 5:121(1) BW). Conversely, the VvE can also ask for an authorisation if it needs an owner's permission.

If the action involves costs, the court can also decide how they are shared (paragraph 2), and for new works or installations how future maintenance is borne (paragraph 3).

In a small VvE with two owners, this can offer a way out when votes are tied and nothing happens. The competent court is the subdistrict court of the district where the building (or most of it) is located.

See also: Tied vote (staking van stemmen), Annulment of a VvE decision, Common parts (gemeenschappelijke gedeelten)

Read more: VvE with two apartments

Legal basis: Boek 5 BW, art. 5:121