What is Co-ownership in an Apartment Building, and How Does It Arise?
Co-ownership in an apartment building means that the entire residential building – including apartments, stairwells, basements, attics, and other shared elements – is legally regarded as a single property owned by more than one person. These owners jointly manage the property, with each owning a "share of co-ownership" or an undivided interest in the entire property. This co-ownership status typically arises when a building has not been divided into separate apartment properties (apartment ownership), which is common in Riga and other Latvian cities, especially in older buildings.
Amendments to Co-ownership Law and Tackling "Co-ownership Raiding"
On May 1 2022, amendments to the Civil Law entered into force, significantly modernizing the legal framework for terminating co-ownership. These amendments were necessary because, in recent years, specific individuals have taken advantage of legal loopholes by purchasing co-ownership shares of real estate and then initiating partition proceedings or forced auctions to gain disproportionate profit. This practice has become known as "co-ownership raiding."
A turning point occurred with the Supreme Court's decision on December 17, 2019, in case No. C04169414, SKC-259/2019, which highlighted that Article 1075 of the Civil Law was outdated. In response, the Latvian Parliament adopted the amendments on February 3 2022.
New Method of Terminating Co-ownership – Conversion into Apartment Ownership
The amendments added a new method to Article 1075 – the division of a real estate property into separate apartment units. This allows co-owners to legally convert a residential building into individual apartments, with each person owning their unit and a share in the jointly owned areas. This helps reduce disputes and provides a more transparent structure of ownership.
Is It Safe to Buy a Property in Co-ownership?
Buying into co-ownership is a legal option, but it comes with risks. The buyer acquires rights to a share of the entire building, not just a specific apartment. Banks may provide financing, but if there is no co-use agreement in place, the valuation—and thus the available credit—may be lower.
Before purchasing, it is recommended to:
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Review the ownership shares and layout;
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Check whether a co-use agreement exists;
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Evaluate the relationship with other co-owners;
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Obtain legal advice.
How to Sell Co-owned Property
The sale of a co-ownership share must observe pre-emption rights. Other co-owners have the right to purchase the offered share at the same price as that offered by a third party. According to the Supreme Court's ruling on October 16 2024 (Case No. SKC-77/2024), if a building and land have different owners, pre-emption rights must be respected by the building's co-owners, not the land co-owners.
It is important to note that pre-emption rights cannot be waived—even though many co-use agreements attempt to do so.
What is a Co-use Agreement?
A co-use agreement is a written agreement between co-owners specifying:
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How apartments and spaces are used in practice;
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Rules for maintenance of shared parts;
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Division of costs;
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Use of communal areas (e.g., basements, attics);
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Decision-making procedures.
This agreement is a crucial tool for maintaining order among apartment owners in a co-ownership arrangement.
Common Disputes
Owning an apartment in co-ownership can lead to various disputes:
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Conflicts over usage of premises;
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Disagreements on cost-sharing;
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Objections to repair or management decisions;
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Lack of cooperation by one co-owner.
Without a co-use agreement, such disputes often escalate to court.
How to Get Out of Co-ownership
There are several options:
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Convert the building into separate apartment properties;
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Sell your share to other co-owners;
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File a court application for termination of co-ownership.
However, conversion can be limited by local spatial plans, minimum land plot sizes, or the need for a detailed plan.
How Legal Point Can Help
The law firm Legal Point provides comprehensive legal support on co-ownership matters—from drafting co-use agreements and evaluating ownership structures to representation in partition or termination proceedings. Our experienced attorneys can:
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Advise on buying or selling co-ownership shares;
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Legalize the existing use of the property;
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Assist in terminating co-ownership status;
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Resolve disputes between co-owners.
Write to us at This email address is being protected from spambots. You need JavaScript enabled to view it. or visit us for a consultation – Ernesta Birznieka-Upīša Street 13, Riga (Felicity project, 1st floor).