Practical experience to inform the WEG evaluation
The Bundesministerium der Justiz und für Verbraucherschutz (BMJV, Federal Ministry of Justice and Consumer Protection) is preparing the evaluation of the Wohnungseigentumsgesetz (WEG, German Condominium Act) scheduled for 2027. As part of an online survey, condominium owners can describe their experience with the law currently in force, identify practical difficulties and highlight potential areas in need of amendment.
The survey is being conducted jointly by the BMJV and the Statistisches Bundesamt (Federal Statistical Office). Its findings are intended to provide an evidentiary basis for assessing whether, and if so in which areas, the condominium ownership law reformed in 2020 needs to be further developed.
Participation open until 12 November 2026
The online questionnaire can be completed until 12 November 2026. According to the BMJV guidance, using a PC or tablet is recommended.
Only one questionnaire should be submitted for each Gemeinschaft der Wohnungseigentümer (GdWE, condominium owners’ association). The members of the respective association must therefore coordinate with one another before participating. The BMJV has also asked the Verband der Immobilienverwalter Deutschland to raise awareness of the survey through its member companies.
Scope of the survey
The survey focuses on which provisions of condominium ownership law have proven effective in practice from the owners’ perspective and in which areas they believe further adjustments are needed. Broad participation is intended to help improve the evidentiary basis for the evaluation.
Areas of condominium ownership covered
The questionnaire addresses the following topics, among others:
- It records experience with holding owners’ meetings.
- It addresses hybrid and virtual meeting formats.
- It asks about the practical handling of resolutions adopted by circulation procedure.
- It takes account of court disputes relating to the association.
- It collects structural information about the respective GdWE.
The survey is thus intended to provide insight into how the statutory provisions are applied in the day-to-day operation of condominium owners’ associations. At the same time, participants can indicate where they believe the current law works and where they consider amendments necessary.
Reform of condominium ownership law in 2020
The Wohnungseigentumsmodernisierungsgesetz (WEMoG, German Condominium Modernisation Act) fundamentally reorganised condominium ownership law in 2020. The reform’s objectives included facilitating energy-efficiency renovations and accessibility measures and promoting the expansion of electric mobility.
Structural alterations as part of the reform
Among other things, the new provisions created an entitlement to permission for certain structural alterations. This includes, for example, the installation of charging infrastructure for electric vehicles.
The forthcoming evaluation is intended to examine how the amendments introduced in 2020 have performed in practice. It will also determine whether further regulation is required in specific areas.
According to the government draft of the WEMoG, the evaluation is to be based on data collected by associations representing condominium owners, property managers and tenants. The current survey of condominium owners supplements this evidentiary basis with direct experience from the associations.
Significance for condominium owners’ associations
The survey findings do not pre-empt the subsequent assessment of the WEG. Instead, they will inform the review planned by the BMJV for 2027. It is not yet clear whether this will result in legislative amendments or which areas of regulation may be affected.
For associations, owners, investors and real estate companies, issues concerning the application of the WEG can have considerable economic and organisational significance. MTR Legal Rechtsanwälte advises clients on related matters; further information is available under legal advice on real estate law.
