Value of common area at VVE: Advice and information

Questioner

Dear Sir/Madam, This question concerns the possible determination of the value of common space. I am the owner of an apartment on the top floor and have purchased the storage rooms of my downstairs neighbours. As a result, I actually use the entire attic floor, because there are no other rooms where other owners actually have anything to do. I would like to enlarge my apartment by including the attic floor. I do not need to install an internal staircase if I receive permission from the VVE to use the staircase and the landing exclusively. The VVE consists of several buildings in a row. At the moment I am working on the required processes to make the renovation possible, the environmental permit and permission from the VVE. If I get permission, the next step is the amendment of the deed of division. The members I have spoken to so far agree subject to a few things (including safety of the construction) and that is very logical. Now a number of members ask whether I also owe compensation to the VVE for m2 of common space that I get to use. This is because my apartment increases in surface area and value. Incidentally, I paid the owners of the storage rooms much more than the current value (assessed), precisely because thanks to that purchase I get access to the extra m2. The question does not come from my downstairs neighbours, but from VVE members a few house numbers further, who have no advantage or disadvantage from this plan. I believe that I have already compensated my downstairs neighbours at the same house number for the common area and they therefore have no objection to the plans. I am aware that the common area belongs to the entire VVE. However, can the members of house numbers further down also demand compensation from me? If so, how do we arrive at a fair calculation for common areas? The increase in value only comes after I have invested in the renovation. I hope I have outlined the situation clearly enough. Yours sincerely

Lawyer

Thank you for your question. Indeed, all owners are joint owners of the common areas, including the attic. If you want to become the sole owner of that space, you will have to obtain or buy the shares in that space from other owners. Since the other owners demand compensation, you would be wise to have the value of the space appraised in its current state. Furthermore, I would like to point out that your intention to add the common space in the attic to your apartment will lead to a change in property law, for which it is necessary to amend the division drawings and the division deed if the change is to also apply to subsequent owners.