With effect from 31 December 2025, the transitional provisions of Section 48 of the German Condominium Act (Wohnungseigentumsgesetz – WEG) have definitively expired. Since 1 January 2026, the validity of certain legacy provisions vis-à-vis purchasers depends crucially on whether they are registered in the land register. This continues to have significant practical implications, particularly for property managers.
1. Legacy Resolutions: Differentiation Based on Statutory Resolution Authority
Even after 1 January 2026, the following principle continues to apply: resolutions adopted on the basis of statutory resolution authority (e.g. relating to the allocation of costs, property management, or structural measures) are effective vis-à-vis successors in title without registration in the land register. Registration in the land register serves to protect purchasers from unforeseeable burdens. However, where statutory resolution authority exists, this authority is already apparent to the purchaser from the law itself. Consequently, the purchaser must expect such resolutions even in the absence of land register registration. There is therefore no need for action, even if such resolutions were adopted prior to 1 December 2020.
The situation is different for legacy resolutions based on an agreed opening clause that do not have a statutory basis under the German Condominium Act (WEG) (e.g. changes in the permitted use of separately owned units or the conversion of residential property into partial ownership units, and vice versa). As of the first transfer of ownership after 31 December 2025, such resolutions will only remain effective if they are registered in the land register.
If registration is lacking and a future succession in title occurs, the binding effect of the resolution ceases entirely for all condominium owners (ex nunc), as regulations relating to the community can only apply uniformly.
2. Liability Agreements: Mandatory Explicit Registration
Liability agreements under which purchasers are liable for outstanding contributions of their legal predecessors are of particular practical importance. Since 1 December 2020, Section 7 (3) sentence 2 of the German Condominium Act (WEG) has applied to such agreements: they are effective vis-à-vis successors in title only if they are expressly registered in the land register (e.g. by a note in the inventory section stating: “A liability agreement exists”).
According to the prevailing view in legal literature, the express registration of existing liability agreements remains possible even after 31 December 2025, provided that no succession in title has yet occurred. This constitutes a cost-free rectification for which a written application is sufficient; the formal requirement of Section 29 (1) sentence 1 of the German Land Register Code (GBO) does not apply in this respect. Where a property manager has been appointed, it is generally among their duties to verify whether such a land register entry exists and, if not, to initiate the registration with the land registry.
In addition, any condominium owner may submit the required application for registration for all condominium land registers, cf. Section 48 (3) sentence 2 WEG.
3. Duties and Role of the Property Manager
a) Liability Agreements
The scope of the property manager’s duties in connection with liability clauses has not yet been conclusively clarified. However, a tendency is emerging according to which property managers are required to be familiar with the community regulations. If a liability agreement is contained therein or can be identified with reasonable effort, it forms part of proper management to
- verify whether an express registration in the land register exists, and
- if necessary, arrange for such registration in order to avoid liability risks for the community of condominium owners.
Only where it is unclear whether a liability agreement exists at all and clarification would require unreasonable effort is the property manager’s duty considered to be limited to informing the condominium owners.
b) Legacy Resolutions
With regard to legacy resolutions based on an opening clause, there is in any event a duty to warn of impending loss of effectiveness as of 1 January 2026. By contrast, a general obligation to identify legacy resolutions requiring registration is largely rejected. However, the property manager may be specifically instructed to carry out this task, if necessary against additional remuneration. In the absence of established case law, property managers are advised, where opening clauses exist, to obtain at least a reasonable overview of legacy resolutions adopted during their term of office.
4. Procedure in Cases of Doubt
Even ambiguously worded provisions that, from an economic perspective, result in purchaser liability (e.g. the transfer of reserves including additional contribution obligations, or the obligation to assume all duties of the legal predecessor) should, as a precaution, be treated as liability agreements.
Recommendation: Apply for registration. If the land registry rejects the application, the property manager cannot, as a rule, be accused of a breach of duty. Whether legal remedies should be pursued must, if necessary, be decided following a resolution of the condominium owners.
5. Next Steps
Condominium associations and property managers should specifically review whether liability agreements are still contained in the community regulations or whether legacy resolutions without a statutory basis are intended to remain in effect. If this is the case, registration in the land register must be initiated without delay, as such provisions have been effective vis-à-vis potential purchasers since 1 January 2026 only if they are properly registered.
If registration is not carried out, future transfers of ownership are to be expected to result in a definitive loss of the regulatory effect, which as a rule can no longer be remedied.
