Special Rights Reserved to One Owner / Developer
What does it mean?
The declaration grants one specific owner (often the developer) powers the other owners do not have — e.g. a reserved right to add floors or units (Aufstockungsvorbehalt), to build elevators/terraces/dormers unilaterally, or to force the other owners to tolerate that construction without compensation. This is a structural imbalance: that owner can change the building and your shared property while you have limited say.
Is this a problem when buying?
Something to clarify before buying. Not an automatic deal-breaker, but worth checking.
What you should do as a buyer
Read the listed rights carefully and have a lawyer assess how far they reach (can they add units that dilute your MEA? build on common areas?). Check the current Grundbuch and recent WEG-Protokolle to see whether these rights have already been exercised or are still pending.
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