To simplify the transfer of usage rights for objects that are part of shared property — such as parking spaces and storage rooms — between apartment owners, and to strengthen the legal status and clarity of such objects, the Ministry of Economics (MoE) has prepared amendments to the Apartment Property Law.

The amendments were approved by the government on Tuesday, November 11.

After real estate developers have sold all apartments along with their associated parking spaces, storage rooms, and similar premises, it often becomes necessary in practice to transfer these rights — for example, one apartment owner may no longer need a parking space, while another wishes to purchase it.

The current practice of transfer and establishment of ownership rights is undesirable because the existing legal framework does not provide clear rules for this process. As a result, registration practices in the Land Register vary — both regarding the establishment of ownership rights and the transfer of such objects. Therefore, it is proposed that apartment owners have the right to use a specific part of the shared property, with such rights being registered in the Land Register and transferable.

The amendments also aim to facilitate developers’ ability to create necessary infrastructure when building residential complexes. Clear prerequisites will be established for the use of shared infrastructure and the distribution of maintenance costs among homeowners. Shared infrastructure may include, for example, internal roads, children’s playgrounds, recreational areas, and other landscaping elements. The proposed regulation addresses the current situation, where the law does not allow a developer, as the owner, to impose an encumbrance on one of their properties in favor of another. It will also define the rights and obligations related to the use of shared infrastructure.

“The amendments are a small but important step toward solving practical issues. The question of transferring ownership of parking spaces, storage rooms, and other premises is relevant to many apartment owners whose living conditions have changed over time. For developers, especially those building residential complexes, their hands are often tied when they want to create shared infrastructure for several of their buildings,” said Minister of Economics Viktors Valainis.

The proposed amendments are part of the government’s action plan to reduce administrative burdens in the real estate development sector. To enter into force, the amendments must still be adopted by the Parliament (Saeima).

Ministry of Economics
Public Relations Department
E-mail: presse@em.gov.lv