Termination of Condominium Ownership: In Which Cases?

Establishing condominium ownership looks like a permanent state, but in certain cases this form of ownership may come to an end. If the building is destroyed, expropriated or the owners jointly so decide, condominium ownership ends. In this guide we explain in what circumstances and how condominium ownership terminates under Articles 46 and 47 of the Condominium Ownership Law No. 634 (KMK).

How does condominium ownership terminate?

Legally, condominium ownership ends when the registration in the condominium ownership registry is deleted (KMK Art. 46-47). Termination does not occur automatically; it takes place through the updating of the land registry record following certain events. The main grounds for termination are destruction of the structure, expropriation and the owners' request to convert to ordinary ownership.

Destruction of the structure

If the main property is completely destroyed together with its land, condominium ownership also ends. For example, if a building disappears entirely because of a disaster, the condominium ownership established over it also comes to an end. If the structure is only partially damaged, however, different provisions apply and usually repair or reconstruction is on the agenda.

Expropriation

Expropriation of the main property is another ground that terminates condominium ownership. Following an expropriation carried out in the public interest, the immovable passes to the state and the condominium ownership over it ends. In this case, the owners' rights are protected through the expropriation payment.

Owners' request to convert to ordinary ownership

The unit owners may, by joint will, convert condominium ownership into ordinary (co-)ownership. This requires a written request either from all unit owners or from the owner who has gathered all independent units in their own ownership. Upon such a request the registration is deleted and the immovable is transferred to a new page in the general registry and registered according to land shares.

Does concentration in one person terminate condominium ownership?

This point is often confused. The concentration of all independent units of the main property in a single person's ownership does not automatically terminate condominium ownership (KMK Art. 46). Even if one person buys all the units, condominium ownership continues unless that person separately requests conversion to ordinary ownership. Termination always requires a written request and deletion of the registration.

Registered rights and termination

If an independent unit is registered with an in-rem right such as a mortgage or an annotated personal right, this affects termination. Unless the right holder consents to the removal of that right, conversion of condominium ownership into ordinary ownership and deletion of the registration cannot be requested. This rule protects the rights of third parties, such as mortgage creditors.

Summary

Condominium ownership ends through destruction of the structure, expropriation or the owners' request to convert to ordinary ownership, and by deletion of the registration. Concentration of all units in one person is not, by itself, a ground for termination. Registered rights such as mortgages can limit the termination process.

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Frequently Asked Questions

Does condominium ownership end if the building is demolished?

If the structure is completely destroyed together with its land, condominium ownership ends. In case of partial damage, repair or reconstruction provisions apply instead.

Does condominium ownership end if one person buys all the units?

No, it does not end automatically. The owner must separately make a written request for conversion to ordinary ownership (KMK Art. 46).

How many people are needed for conversion to ordinary ownership?

A written request from all unit owners, or from the owner who has gathered all units in their own hand, is required.

Can conversion be made if a unit is mortgaged?

Unless the mortgage is removed with the right holder's consent, conversion to ordinary ownership and deletion of the registration cannot be requested.

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This content is for general information only and does not constitute legal advice. You are advised to consult a legal expert about your specific situation.