Can Apartment Common Areas Be Rented Out?

Renting out the roof of an apartment for a base station, its façade for a huge advertising panel or its basement as a storeroom is becoming increasingly common. Although such rentals provide additional income to the building, renting out common areas is subject to legal rules. Questions such as "who decides", "who owns the income" and "what if a neighbour does not want it" often arise. In this article we explain the rules of common area rental.

Who owns the common area?

Common areas such as the roof, façade, garden and basement are owned in common by all unit owners in proportion to their land shares. The rental of these areas is therefore not something that a single person or the manager can decide alone. Any disposition over a common area requires a decision of the assembly of unit owners.

The decision required for rental

Renting out a common area is a disposition concerning the manner in which common areas are used and is settled by a decision of the assembly of unit owners. The required majority may vary depending on the nature of the rental and the arrangement in the management plan. In particular, a qualified majority may be required for rentals that change the nature of the common area or create long-term binding effects. For this reason, the management plan should be reviewed before rental and the assembly decision should be taken in accordance with the procedure.

• The decision must be discussed at the assembly of unit owners and recorded in the decision book.
• Rental terms (duration, price, use) must be clearly determined.
• If the management plan contains a specific provision, that provision applies first.

Special case: base station rental

Installing a base station on the roof is particularly controversial. Health concerns and objections from neighbours often turn such rentals into disputes. A base station installation requires both an assembly decision and compliance with the conditions of the relevant legislation (installation permits, measurement and distance rules). Even if an assembly decision exists, installations contrary to the legislation or to health rules can give rise to legal problems.

Who owns the rental income?

Rental income obtained from a common area belongs to all unit owners, who are the owners of the common area. As a rule, this income is shared among the owners in proportion to their land shares or, by decision of the assembly, may be used for common expenses (reducing dues, common fund). The income cannot pass to the personal use of one person or of the management; income from a common area is also common.

Neighbour objection and disputes

If an owner objects to the rental despite an assembly decision taken in accordance with the procedure, they may apply to the court for annulment of the decision. Actions based particularly on health or safety grounds are assessed according to the concrete case. Rental decisions taken irregularly or contrary to the legislation may be annulled. It is therefore important that the process be conducted in accordance with the law from the outset.

Summary: Common areas belong to all owners in common; renting them out requires a decision of the assembly of unit owners and, depending on the nature of the rental, a qualified majority may be required. Rentals such as base stations are also subject to specific regulations. The rental income belongs to all owners. For common area and assembly processes, see our blog guides, and keep your building management organised with our digital tools.

Frequently Asked Questions

Is the manager's approval enough for a base station on the roof?
No. A common area rental requires a decision of the assembly of unit owners; the manager cannot decide alone. In addition, permits and conditions in the legislation on base stations must be met.

Who owns the common area rental income?
The income belongs to all unit owners; it may be shared in proportion to land shares or, by decision of the assembly, used for common expenses. It cannot pass to personal use.

I am against the rental — what can I do?
If you object despite a properly taken decision, you can apply to the court for annulment. Improperly taken decisions or those contrary to the legislation may be annulled.

Related content

In connection with this topic, our articles on rights of the unit owner, obligations and prohibitions of the unit owner (KMK) and how the owner evicts the tenant cover the subject in more detail.

This content is for general information only and does not constitute legal advice. For your specific situation, please consult a lawyer.