Reading the deed of division (splitsingsakte): what to look for as a buyer

Published 25 October 2026deed of divisionlegalbuying

Short answer: start with which model regulations (modelreglement) the deed uses and which deviations it makes from them: that is where the rules that differ for your building are. Then look at what is private and what is shared, what your share (breukdeel) is, which rules of use apply (letting, permitted use, renovating), who pays for which maintenance and whether there are later deeds. And have the notary request the board's statement on unpaid contributions: as a buyer you are jointly liable for the seller's arrears.

How a deed of division is built up

By law (article 5:111 of the Dutch Civil Code), every deed of division (splitsingsakte) has four parts:

  1. the location of the building and the land;
  2. a description of the parts intended for separate use, and which apartment right covers which part;
  3. the cadastral designation of each apartment right;
  4. the regulations (reglement), which are deemed to contain a set of model regulations, with the deviations the deed makes from them.

It comes with the division drawing, with the floor plans and the numbers of the apartments. The VvE's articles of association (statuten) are part of the regulations (article 5:112(1)). Among other things, they set how many votes each owner has.

Step 1: which model regulations, and what deviates?

Most deeds don't include the regulations in full, but refer to a set of model regulations from the Dutch notaries: from 1973, 1983, 1992, 2006 or 2017. Look in the deed for a sentence like "het modelreglement bij splitsing in appartementsrechten, vastgesteld in 2006". Then come the deviations and additions.

Those deviations are the most important part of the deed: they say what is different in your building from the standard. The model regulations themselves aren't in the deed. Ask the notary or the VvE's managing agent if you want to read the full rules. The older the model, the more likely it says nothing about solar panels, charging points or short-term letting.

Step 2: what is yours?

The description in the deed and the drawing determine what belongs to your apartment right. Pay particular attention to:

  • storage rooms and parking spaces: do they belong to your apartment, or are they separate apartment rights that must be listed separately in the purchase deed?
  • balconies, roof terraces and gardens: private, or shared with an exclusive right of use?
  • what you see in use: an attic or garden the seller uses but that isn't drawn as part of the apartment is legally not part of your purchase.

Step 3: your share and the costs

Your share (breukdeel) is your portion of the community. The law assumes equal shares, unless the deed sets a different ratio (article 5:113). The share usually depends on the size of the apartment, and determines your portion of the costs.

Check:

  • whether your share fits the size of your apartment, compared with the other apartments;
  • whether the regulations have separate cost splits, for example for the lift (which the ground floor sometimes doesn't pay towards) or for a commercial unit in the building;
  • how many votes you have in the meeting. That is set in the articles of association and isn't always the same as your share.

Step 4: what may you do with the apartment?

Rules on the use of your own apartment belong in the regulations (article 5:112(4)). Look at:

  • permitted use: is the apartment intended as a home, or may you also run a practice or office from it?
  • letting: is letting restricted or prohibited, or do you need the meeting's permission? Does that include short-term letting to tourists?
  • renovating: do you need permission for, say, a new floor, moving pipes or replacing window frames?
  • pets, noise and solar panels, if the regulations say anything about them.

Note the difference with the house rules (huishoudelijk reglement). The owners' meeting sets those itself, but only for the use of the shared parts (article 5:128). A ban on letting your own apartment doesn't belong in the house rules, but in the deed of division.

Step 5: who pays for which maintenance?

What is private, you usually maintain yourself. What is shared, the VvE pays for from the contributions and the reserve fund. The regulations can deviate from this, and especially for window frames, balconies, front doors and pipes it differs per building. If the window frames are private, you pay for replacing them yourself, even when the maintenance plan covers the rest of the facade.

Step 6: are there later deeds?

Was the division changed later, or was an apartment right divided further (ondersplitsing)? Then those deeds apply too, and the latest version prevails. With a further division you often deal with two VvEs: a main VvE for the whole building and a sub-VvE. Request the documents of both. How to request the deeds is explained in Requesting the deed of division.

Unpaid contributions: your problem too

As a buyer you are jointly and severally liable, together with the seller, for contributions to the VvE that are or become due in the current or the previous financial year (article 5:122(3)). The regulations can make other arrangements.

That's why the notary requests a statement from the board with the outstanding amounts at the transfer. Towards the VvE, you are not liable for more than the amount in that statement (article 5:122(5)). The statement also gives the size of the reserve fund and the VvE's debts, such as a loan. More in VvE loan when buying.

The checklist

What to look for Where it is Why
Model regulations and year Start of the regulations Sets the standard rules
Deviations and additions After the reference to the model What is different in your building
What belongs to your apartment Description and drawing Determines what you buy
Share and cost split Deed and regulations Determines what you pay
Permitted use, letting, renovating Regulations Determines what you may do
Private or shared maintenance Regulations Determines who pays for the window frames
Later deeds and further division Kadaster, the seller The latest version prevails

Rather not go through dozens of pages yourself? Get the deed of division reviewed: we list the deviations, rules of use and cost split for you.

Frequently asked questions

Do I have to read the whole deed of division?

Not word for word. The description of your apartment, the share and the deviations from the model regulations matter most. That is where your building differs from the standard.

Can the VvE prohibit letting?

Only if the regulations in the deed of division say so. A ban on letting in the house rules doesn't apply to your own apartment. If a new rule is added to the regulations after you have let the apartment, it doesn't apply to your tenant unless they agree (article 5:120(3)).

Which prevails: the deed of division or the house rules?

The deed of division. The house rules may not conflict with the deed and only cover the use of the shared parts.

Am I liable for the seller's arrears?

Yes, together with the seller, for contributions over the current and the previous financial year. Not for more than the amount in the board's statement that the notary requests at the transfer.

Sources

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