Short answer: a deed of division (splitsingsakte) is the notarial deed that divides a building into apartment rights (appartementsrechten). From that moment, each apartment can be bought and sold separately, and an owners' association (VvE) exists by law. The deed sets out what is yours and what is shared, your share of the costs (breukdeel), and the rules of the building. So you don't just buy an apartment: you also buy the agreements in this deed.
What does dividing a building mean?
Legally, a building starts out as one whole, with one owner. If that owner wants to sell the homes separately, a civil-law notary divides the building. The notary draws up the deed of division and registers it with the Dutch land registry (Kadaster), together with a drawing. From then on, the building consists of apartment rights.
An apartment right is not the same as ordinary ownership. Together with the other owners you own the whole building and the land, and you have the exclusive right to use your own apartment (article 5:106 of the Dutch Civil Code). That is why the owners decide together, in the VvE, about the roof, the facade and the stairwell.
The deed is also called the akte van splitsing. It is different from the deed of transfer (leveringsakte), by which you take over the apartment from the seller: there is one deed of division for the whole building, and one deed of transfer for each sale.
What does a deed of division contain?
The law sets out what every deed of division must contain (article 5:111 of the Civil Code):
- The building and the land: the location and the cadastral parcels.
- The private parts: which parts are intended for separate use, and which apartment right covers which part.
- The cadastral designation of each apartment right, such as "Voorbeeldstad F 1234 A-3".
- The regulations: the rules for the building, including the articles of association of the VvE. Usually the deed refers to a model regulation of the Dutch notaries (1973, 1983, 1992, 2006 or 2017), and the deed only lists where this building deviates from it.
The deed comes with the division drawing (splitsingstekening): floor plans on which every apartment right is marked with a number. It shows, for example, whether the storage room or the parking space belongs to your apartment. More in Requesting the division drawing.
Example: what a deed of division looks like
A deed of division is usually ten to several dozen pages of legal Dutch. Below is a made-up example of the passages that matter most to a buyer, translated, in the form you would find them in a real deed:
Division. The appearing party declares to divide the building, locally known as Voorbeeldstraat 12 in Voorbeeldstad, cadastrally known as municipality Voorbeeldstad section F number 1234, into four apartment rights.
Apartment right A-3. The apartment right giving the exclusive right to use the home on the second floor with balcony and the storage room in the basement, marked with number 3 on the drawing, cadastrally known as Voorbeeldstad F 1234 A-3, with a share of 27/100 in the community.
Regulations. The Model Regulation 2006 applies to the division, with the following deviations: it is prohibited to use the apartment for short-term rental to tourists. [...]
From such a passage you learn three things: which part is yours (including the storage room), your share of 27/100 (you pay 27% of the joint costs; how many votes you have is set in the articles of association and often follows the same share) and a deviating rule that may affect your plans. How to read a real deed step by step is explained in Reading the deed of division.
Deed of division and the VvE
The division automatically creates a VvE. Its articles of association are part of the regulations, so they are in the deed of division. They cover, among other things, how the meeting takes decisions, how many votes each owner has and how the costs are shared.
Besides the deed of division, a VvE often has house rules (huishoudelijk reglement). The owners' meeting sets those itself, for day-to-day matters such as bicycles in the hallway or the use of the garden. They may not conflict with the deed of division: where they differ, the deed prevails.
Can a deed of division change?
Yes, but only through a notary, with an amending deed (wijzigingsakte). That usually takes a decision by at least four fifths of the votes and the consent of the mortgage banks. Each amendment is a separate deed at the Kadaster. As a buyer, always ask for the latest version: an old deed may contain rules that no longer apply, or miss what was added later. What an amendment costs is explained in Deed of division costs.
Why do you need it as a buyer?
The deed of division determines what you can and cannot do with your apartment, and what you pay. Without the deed, you don't know, for example:
- whether renting out or a practice at home is allowed;
- whether the balcony, window frames or pipes are private (and so at your expense) or belong to the VvE;
- whether your share fits the size of your apartment;
- whether you may renovate, add a dormer or install solar panels.
Normally the deed of division comes with the seller's documents. If it isn't there, the seller often doesn't have it either. You can then request it from the Kadaster yourself: see Requesting the deed of division.
No deed of division among your documents?
Order it from us for €9.95: we request the deed of division, the drawing and the latest amending deed for you and send them as a PDF. Do you have the deed, but want to know what's in it? Have the deed of division reviewed for renting out, renovating and your share of the costs.
Frequently asked questions
Is a splitsingsakte the same as an akte van splitsing?
Yes. Both names are used for the same notarial deed that divides a building into apartment rights. In English it is usually called the deed of division.
Who has the deed of division?
The deed is in the public register of the Kadaster. The notary who carried out the division keeps the original; the VvE and the seller often have a copy. Anyone can request a copy from the Kadaster, even if you are not (yet) an owner.
Does every apartment have a deed of division?
Every apartment right falls under a deed of division, but there is one deed for the whole building, not one per apartment. If an apartment was later divided again (sub-division, ondersplitsing), there is a separate deed for that.
What is the difference between a deed of division and a deed of transfer?
The deed of division divides the building and sets the rules. The deed of transfer (leveringsakte) is the deed by which an apartment passes from the seller to the buyer. When you buy, you need both: the deed of transfer for the handover, the deed of division to know what you are buying.
Sources
- Dutch Civil Code Book 5, title 9: Apartment rights (article 5:106 onwards) (in Dutch, consulted 8 November 2026)
- Kadaster: Splitsingsakte opvragen (in Dutch, consulted 8 November 2026)