- The deed of division is the notarial deed that created the apartment rights; it outranks everything else.
- It incorporates a set of model regulations by reference — which year applies matters.
- The house rules are practical and easier to change, but subordinate to the deed.
- The accompanying drawing shows exactly where your private part begins and ends.
- Amending the deed requires a notarial act and a heavy majority; the house rules do not.
When people ask us whether they can knock through a wall, glaze a balcony or lay a wooden floor, the honest answer is always the same: it depends on your documents. This guide explains what those documents are, how they relate to each other and what to look for in yours. For the wider picture, start with the VvE explained.
The three documents and which one wins
| Document | What it does | How hard to change |
|---|---|---|
| Deed of division (splitsingsakte) | Creates the apartment rights, defines units and shares, states what is communal | Notarial act plus a heavy majority; in practice, rarely |
| Regulations (reglement) | The rulebook, usually a standard model incorporated by reference with amendments | Part of the deed, so changed with the deed |
| House rules (huishoudelijk reglement) | Day-to-day rules: noise, working hours, pets, use of shared spaces | Decision of the meeting; comparatively easy |
If two documents conflict, the higher one wins. A house rule that contradicts the deed does not hold.
There is a fourth item that is not a document but matters as much: the drawing filed with the deed. It shows, in plan, exactly which surfaces belong to which apartment. When someone argues about whether a balcony, a storage box in the basement or a section of loft is yours, this is what decides it.
What is in the deed of division
A deed of division typically contains:
- A description of the building and the land it stands on.
- A list of the apartment rights, each numbered, with a description of what it comprises.
- The share each apartment right holds. This determines both what you contribute and how much your vote weighs. Shares are not always proportional to floor area; older deeds sometimes use other keys.
- A statement of what is communal. Often phrased as a list of what is not private, which is why it is worth reading carefully.
- The applicable regulations, incorporated by reference with any amendments.
- Special provisions, if any: exclusive use rights over a garden or roof terrace, restrictions on use, sometimes rules on letting.
For an international owner, the two lines that matter most are the share and the definition of communal parts. Everything financial follows from the first; everything about renovation follows from the second.
Model regulations: why the year matters
Rather than writing a rulebook from scratch, almost every Dutch deed incorporates a standard model produced by the notarial profession. Several versions exist, published in different years, and buildings carry whichever model applied when they were divided — unless the deed has since been amended.
Why that matters:
- The versions differ on alterations: how much freedom you have inside your own apartment and what needs consent.
- They differ on noise and floor coverings, which is the most disputed subject in Dutch apartments.
- They differ on who maintains what at the boundary between private and communal — window frames and balconies especially.
- They differ on majorities required for certain decisions.
So a rule your friend in another building quotes with confidence may simply not apply to you. Find out which model your deed uses before assuming anything.
The deed states which model it incorporates, usually near the beginning and by year. If you cannot locate it, the manager or the notary who handled your purchase can tell you in a minute.
The house rules
The huishoudelijk reglement is where the practical life of the building is regulated. Typical content:
- Permitted working hours for renovation and noisy activity, and often a restriction around holidays.
- Floor covering requirements, expressed as a minimum improvement in impact-noise insulation.
- Rules on balconies: what may be placed there, whether awnings or screens are allowed, drying laundry.
- Shared spaces: bicycles, prams, storage in the stairwell, use of the lift during a move.
- Pets, refuse, parking.
- Letting, including short-stay, where the deed allows the association to regulate it.
House rules can be adopted and amended by a decision of the meeting, so they change more often than the deed. Ask for the current version rather than relying on the copy you received at purchase.
Reading your own deed: what to look for
If you have the document but not the patience, these are the passages that actually affect you:
- Your share. Compare it with your neighbours' relative to floor area. An unusual share is worth understanding.
- The definition of communal parts. Specifically: window frames, balconies, roof terraces, the floor construction and the pipework.
- The clause on alterations. What you may do inside without consent, and what triggers a decision of the meeting.
- Exclusive use rights. If you have a garden, roof terrace or storage area, check whether it is yours or communal-with-exclusive-use. The maintenance obligation differs.
- Restrictions on use. Some deeds restrict commercial use, short-stay letting or subdivision.
- Anything unusual. Amendments are often appended at the end and are easy to miss.
If you are having any of this translated, translate those six. It is a fraction of the document and covers most of what you will ever need.
Changing the deed or the rules
The house rules can be amended by a decision of the meeting. If the current rules are outdated — a noise standard that predates modern flooring, for example — this is the realistic route.
The deed of division is another matter. Amending it requires a notarial act, a heavy majority of owners and registration with the Land Registry. It happens, for example when a building is extended, when shares are recalculated or when the split itself changes, but it is a project rather than an item on an agenda.
Practical consequence: if what you want to do conflicts with the deed, do not plan around a future amendment. Design within what the deed permits, or find a variant that achieves the same result without touching a communal element.
A partial opening that keeps a pier standing is often a good answer when a full opening is difficult — structurally and in terms of consent.
Summary
Three documents govern everything: the deed of division, the regulations it incorporates and the house rules. The deed outranks the rest and is hard to change; the house rules are practical and comparatively easy to amend. Which model regulations apply to your building matters, because the versions differ precisely on the points that cause disputes — alterations, floor noise and who maintains the boundary elements. Read six passages rather than the whole thing: your share, the definition of communal parts, the alterations clause, exclusive use rights, restrictions on use and any amendments at the end.
Next: getting permission to renovate or service costs and the reserve fund.