How does a deed of division work?
A deed of division (splitsingsakte) works by dividing one building into self-contained homes. You can then own those homes separately. The legal part you buy is called an apartment right (appartementsrecht). The deed states which spaces are private and which you share. The deed also designates the owners' association (Vereniging van Eigenaars, VvE) that manages the building.
An apartment right is the right to use your specific home. At the same time, you become a co-owner of the entire building, together with the other residents. The VvE is the association of all the owners. Through it, they jointly arrange the maintenance and the shared costs. The deed of division of an apartment sets out this ownership relationship precisely.
The notary draws up the deed and then registers it with the Land Registry (Kadaster). That registration is a legal requirement under the Dutch Civil Code (Burgerlijk Wetboek). As a result, the document is in the public registers, for anyone to see. As a buyer, you too can view the deed online before you make an offer.
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What is in a deed of division?
A deed of division contains four core elements. Together, they determine what is yours, what is communal and which rules apply. These are the following four elements:
- The division drawing (splitsingstekening)
- The fractional shares (breukdelen)
- The designated use (gebruiksbestemming)
- The reference to the division regulations (splitsingsreglement)
Element | What it covers | Why it matters to you as a buyer |
|---|---|---|
Division drawing | Floor plan of private and communal parts | You see exactly which spaces are yours |
Fractional share | Your share in the building | Determines your voting weight and your VvE contribution |
Designated use | What you may use a space for | May restrict your plans, such as working from home |
Division regulations | Rights and obligations of all owners | Sets out the rules of conduct that apply to you |
The division drawing
The division drawing is the floor plan that accompanies the deed. It shows which parts are yours and which are communal. Private areas are spaces that only you use, such as your home and your own storage room. Communal areas, on the other hand, are shared with all the owners. Think of the stairwell, the façade, the roof and the foundations. Since a change in the law, the drawing has been part of the deed itself. It used to be registered separately. That way there is no doubt about where your home begins and ends.
The fractional shares
The fractional share is your share in the building, often expressed as a fraction. That share determines your number of votes in the VvE. A larger fractional share means more influence, but also a higher contribution. Many first-time buyers do not know that the fractional share directly helps determine their monthly VvE contribution. A spacious apartment usually has a larger fractional share than a small apartment. As a result, the monthly costs per home in the same building differ considerably. So include this when calculating your total housing costs.
The designated use
The designated use sets out what you may use a space for. This could be, for example, residential use, storage or parking. That way you can be sure that your home is actually designated as a home. Even so, a different designated use can bring restrictions. A practice or office at home is only allowed if the deed permits it. Sometimes a space is designated only as storage. In that case, you are not allowed to live there. If you are buying your first apartment, such a designation can unexpectedly limit your renovation plans. So check this before you make an offer.
The reference to the division regulations
The deed refers to division regulations setting out the rights and obligations of all the owners. In most cases, these are national model regulations (modelreglement) rather than bespoke ones. The deed tells you which version is referred to. The regulations determine how the VvE works and which rules of conduct apply. In the next section, we explain exactly what these model regulations are.
What are the model regulations of a VvE?
The model regulations are a standard set of regulations to which the deed of division refers. They govern the rights, obligations and VvE contribution of all apartment owners. The deed tells you which version applies to you.
There are several editions of these regulations, for example from 1992 and 2017. At the time of the division, the notary chose an existing version and referred to it. As a result, not every VvE has to come up with all the rules itself. The regulations provide a fixed basis that everyone abides by.
For you as a buyer, what matters most is what the division regulations cover in practice. They state how much VvE contribution you pay and what that money is for. Rules of conduct are also laid down, such as keeping pets or renting out your home. They also contain rules on the use of the communal areas. Read them carefully, because they apply from the day you get the key.
In addition to the division regulations, a VvE often has house rules (huishoudelijk reglement). These house rules cover practical matters, such as noise rules or storing bicycles. They are separate from the deed and are easier to change than the division regulations.
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How do you request a deed of division?
You request the deed online from the Land Registry or through a notary. When you buy, the selling agent or notary usually already supplies the deed. Requesting it yourself is then often unnecessary.
If you still want to request a deed of division online yourself, there are three steps:
- Enter the address of the apartment on the Land Registry website.
- Select the deed of division that belongs to that address in the public registers.
- Order and pay the fixed fee per deed, then download the document.
You can often request the division drawing in the same order. In 2026, a copy by email costs €19.85 at the Land Registry. You then receive the copy within two working days. Also check the current fee there before you order. If you buy through a buying agent, they will request the documents for you. They will also check them straight away.
Why is the deed of division important when you buy your first apartment?
The deed is important because you can work out from it how much you pay to the VvE. You can also see which parts are communal and whether any restrictions apply. So always check the deed before you make an offer.
If you used to rent, the landlord arranged the maintenance of the roof and façade. As the owner of your first apartment, you now contribute to that through the VvE. That monthly VvE contribution comes on top of your mortgage payments. Part of it goes to the reserve fund for major maintenance, such as a new roof. That reserve is legally required for every VvE. How much of it you pay depends on your fractional share in the deed.
The deed of division is part of a wider file that you review before the purchase. In addition to the deed, this includes the purchase contract and the structural condition of the home. With an apartment, pay particular attention to these points:
- Check the fractional share and what it means for the service charges of an apartment.
- Check the designated use and see whether your plans fit within the permitted use.
- Look at the communal areas and who pays for their maintenance.
- Watch out for restrictive provisions on renting out, pets or renovating.
That way you avoid surprises after the purchase. Always request the VvE minutes too. They tell you how the building is maintained. In addition, those minutes show which costs are coming up. A structural survey complements this with the physical condition of the building. That is why you can have a structural survey carried out before you sign for good.
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How does homeup help you check the deed of division?
As a buying agent, homeup checks the legal documents of a home, including the deed of division. That way you know before you make an offer whether the fractional share is correct. You also see whether any restrictions apply and what the VvE will cost you.
homeup offers two services for buyers. On the open market, our support as a buying agent costs €2,999. With it, you search for a home on Funda and beyond. There are also the exclusive listings, with homes that are not on Funda. Those homes have a fixed price, and our support then costs €5,999. All buyers on the homeup platform are financially screened in advance. As a result, sellers know they are dealing with serious candidates. With both services, you only pay at the key handover.
homeup does not draw up a deed itself, nor does it change anything in one. homeup does, however, check the deed on your behalf. With homeup as your buying agent, you get the following:
- A check of the deed of division for risks, such as an unusual fractional share or restrictive provisions.
- A free initial mortgage consultation, so you know what you can borrow.
- A mortgage certificate, which means your financing is in place before you make an offer.
Buyers with homeup buy a home three months faster on average. If you would like help with your first apartment, hire a homeup buying agent.
