What is the difference between a freehold flat and the common parts?
A freehold flat is the part an owner uses alone. Common parts such as the roof, façade or stairwell belong to everyone jointly.
In a community of owners there are two kinds of area: the freehold flat, which an owner uses alone, and the common parts, which belong to everyone jointly. This distinction matters because it determines who is responsible for use, upkeep and costs.
The freehold flat
Freehold ownership covers the owner's own flat, which they alone may use and dispose of. As a rule that means the rooms within the flat. The individual owner is responsible for its condition and for many repairs.
Common parts
Common parts are areas that serve the building as a whole: the roof, façade, load-bearing walls, stairwell, pipework or the garden. They belong to all the owners jointly and are maintained and financed by the community.
Once you know what belongs to everyone and what belongs to you, you also understand who pays which bill.
A typical bone of contention: windows
Whether windows belong to the freehold flat or to the common parts causes discussion in many communities. They are part of the façade but are used by the individual flats, so the allocation is not always clear-cut. Borderline cases like this quickly lead to disputes over costs if there is no clear rule. It is important to settle responsibility early and consistently, ideally in writing. We assess such cases objectively, follow the legal position and provide a fair solution that everyone can follow. That way every owner knows where they stand before a repair comes up.
Why the distinction matters
The line between the freehold flat and the common parts decides who pays for a repair. With some building elements, such as windows, the allocation is not always clear-cut and should be settled case by case. How maintenance is allocated in principle is shown in Who bears maintenance in ownership and tenancy?. The duties owners have in general are explained in What duties does the owner of a freehold flat have?.
How we support you
We make sure costs and responsibilities are clearly allocated, and so avoid disputes within the community. In unclear cases we assess the position objectively and with a legal eye. That keeps it clear to everyone who is responsible for what. We have looked after communities of owners in Graz and the surrounding area since 1988. Arrange a meeting.