Conclusion

01-09-2024
Adding an extension to an existing building may be complex in view of multi-unit residential building divided into condominium rights (apartment rights). In the context of a worldwide housing crisis there is an urgent need to look beyond one’s own national borders to see how other countries are responding to this. It may be valuable to look not only at countries such as the Netherlands, Germany and France that have comparable systems of co-ownership of a multi-unit building, but also at countries such as England and Wales that have a ‘commonhold’ system (as well as a leasehold system). 

Not only should private law requirements be considered, but attention should also be given to the requirement of consent to the development from a planning perspective, to the possibilities of parking, to obtaining necessary permits (public law) and/or to the cause of nuisance or to a possible breach of rights of tenants who are present in the building (if any) or a breach of rights of neighbouring land owners, either during any works (for example by causing excessive noise and vibrations) or permanently (for example by overloading heating, ventilations, and utility systems, or by blocking access routes and fire escapes).

Schematic overview

A schematic overview of the main topics per country as addressed in this guide: