Concierge Apartment: Legal Status and Use

What Is the Concierge Apartment?

The concierge apartment is the residence allocated for the housing of the apartment attendant. The legal status of this unit varies from building to building: in some buildings, it is in the nature of a common area/common place; in others, it appears as a separate independent unit in the title deed. This distinction determines how the unit will be used and to whom it belongs.

Common Place or Independent Unit?

If the concierge apartment is designated as a common place in the project, it is the common property of all owners and is used, as a rule, for the housing of the attendant. If it appears as a separate independent unit in the title deed, it belongs to whoever owns that unit. For this reason, the status of the concierge apartment must be checked from the title deed and management plan. We covered the concept of common area in our what is a common area article.

What Happens to the Unit If the Concierge Is Not Working?

If the apartment no longer employs a concierge, how the concierge apartment — being a common place — will be evaluated depends on the board of unit owners\' decision. The unit may be rented out to generate income (this income is common income) or used for another common purpose. However, this requires a board decision; a single owner cannot take the unit into their own use.

Residence Allocation and Salary Relationship

Allocating a residence to the concierge is part of the employment relationship and is considered in the salary/fringe benefit evaluation. The conditions for residence allocation must be clear in the employment contract. We covered the concierge salary and fringe benefits in our concierge salary article.

When the Employment Relationship Ends

When the concierge\'s employment ends, vacating the allocated residence comes to the agenda. The labor law dimension of this process (compensation, notice) must be managed carefully. We explained the termination of employment and compensation in our severance and notice compensation article.

Common Mistakes

• Not checking the title deed: Whether the unit is common or independent must be clarified.
• Use without a board decision: A common concierge apartment cannot be used arbitrarily.
• Confusing with the employment relationship: Residence allocation must be addressed in its labor law dimension.

Related Topics

We covered the common-area dimension of the concierge apartment in our what is a common area article, the effect of residence allocation on salary in our concierge salary article, and the compensation process when the employment relationship ends in our severance and notice compensation article.

This content is for informational purposes. The status of the concierge apartment varies according to the title deed and management plan; obtain legal opinion if necessary.