Regulation of co-ownership
Verified 08 July 2026 - Public Service / (Prime Minister)
The condominium by-law is a mandatory document that organizes life in condominium. When is it established and what does it contain? We present you the information to know.
The condominium by-law is a required written document which determines the destination of the building, shall define its organization and its rules of operation. It also specifies the rights and obligations of co-owners on units and municipalities.
The condominium by-law constitutes a common charter that is binding on all condominiums and their tenants. He thus has a contract value : each co-owner may require compliance with it.
Please note
The regulation of co-ownership is necessarily an authentic act, that is to say that it was established by a notary. Indeed, only this form allows the publication of the condominium by-law with the land advertising service (real estate file). This publication is mandatory. It is carried out by the notary.
The condominium by-law should not be confused with the rules and regulations of co-ownership. This rules and regulations is not mandatory. It includes and specifies the conditions of use of the units and common parts and the land used for the use or utility of all co-owners listed in the co-ownership by-law.
Most often, the condominium settlement is made at the time when the immovable is put into condominium, that is to say when it is divided into batches.
In the framework of a purchase in Vefa, the condominium by-law is drafted by the notary of promoter real estate before the sale of the different apartments to be built.
On the other hand, when the immovable is already built, most often, the establishment of the condominium by-law was carried out by the owner of the immovable, before the division of the immovable into condominium lots.
FYI
The regulation can be established after the establishment of the co-ownership, by:
- A decision of the general meeting of co-owners, voted at the double majority (so-called majority of Article 26)
- Or a court decision declaring the division of the building into lots.
Designation of private and common parts
The condominium by-law means the units and the common areas from the building.
If they exist, it also defines:
- The special common areas (in particular the case of a condominium divided into several buildings)
- The common areas for private use (for example balcony or garden).
The condominium by-law determines also the destination common and private areas. It can thus specify the destination of each lot (for example residential use, trade, cellar, garage) or only mention that the immovable is for residential use.
FYI
The condominium by-law is completed by a descriptive state of division of the immovable identifying each condominium lot by number, followed by information on each of them (inventory of private lots). The descriptive statement may be independent of the condominium by-law (in this case, it is attached).
Rules of practical life
The condominium by-law sets the rules of life within the building, including the conditions of use:
- Private areas (prohibition of hanging laundry on windows, limitation of works to certain days and hours...))
- Common areas (use of garage, bike storage...))
- Special common areas and common areas for private use if they exist.
The co-ownership by-law may impose restrictions on the rights of co-owners if they are justified by the destination of the building. For example, the condominium by-law may prohibit the practice of certain businesses (dangerous, unsanitary or inconvenient due to noise and/or smell) or any profession, even liberal (for example doctor, lawyer).
FYI
Condominium regulations established as of 21 november 2024 must explicitly mention the authorization or prohibition of the rental of furnished tourist accommodation.
Administration of common areas
The condominium regulations organize the operation of the condominium. It can thus provide details on:
- The organization, functioning and powers of thegeneral assembly co-owners
- The functions of the trustee
- The existence, role and powers of union council.
Burden-sharing
The condominium by-law must contain:
- The distribution of loads common areas between co-owners
- The share of charges for each batch by distinguishing the charges related to the conservation, atmaintenance and the administration of the building, those relating to the operation and maintenance of each of the common equipment elements (for example elevator) and those caused by each collective service (for example collective heating)
- The method of calculation for determining the shares of each.
The trustee must ensure compliance with the provisions of the condominium by-law with co-owners and tenants.
For example, in case of nuisance (noise, smell...) disturbing the tranquility of the occupants of the building, the trustee must notify the person concerned by mail to remind him of the rules provided by the condominium by-law. If this reminder is not enough, the trustee may seek the agreement of the co-ownership to initiate legal action to enforce the clauses of the co-ownership by-law.
The approach differs depending on whether it is done by the owner of the dwelling or the tenant.
Owner
At the time of purchase, the owner of the lot receives a copy of the condominium rules. This is a mandatory annex to the deed of sale that must be kept.
In case of loss of the co-ownership by-law, it is possible to obtain a copy in several ways, namely:
- Request a copy of the condominium by-law from another co-owner, including a member of the union council, to make a copy of it
- Download the condominium regulation on theextranet set up by the trustee professional
- In case of difficulty of access online or a syndicate of co-owners managed by a non-professional trustee, send a written request (preferably registered mail) to the trustee to obtain a copy of the condominium by-law. However, the trustee may provide for a billing to provide this service (variable fees depending on the contract of a condominium trustee).
- Apply to the land advertising service. Copying costs 30. The request must be made through a form. This form differs according to the date of registration of the condominium by-law (after 1956 or before).
Condominium by-law registered in 1956 or later
A form must be completed:
This form must be sent in 2 copies (simple or registered mail) to the land advertising service of the location of housing.
Condominium regulations registered before 1956
A form must be completed:
This form must be sent in 2 copies (simple or registered mail) to the land advertising service of the location of housing.
Tenant
A copy of the condominium by-law is delivery to the tenant when signing the lease. This copy is usually in the dematerialized format (electronic sending).
In the event of loss of the condominium by-law, it is possible to obtain a copy from the landlord.
If the landlord has not been able to provide a copy of the by-law, it is possible to request it from syndic of co-ownership (who is not obliged to accept) or to the real estate agency that manages the property. This copy can be invoiced.
It is also possible to obtain a copy of the condominium by-law from the land advertising service. Copying costs 30. The request must be made through a form. This form differs according to the date of registration of the condominium by-law (after 1956 or before).
Condominium by-law registered in 1956 or later
A form must be completed:
This form must be sent in 2 copies (simple or registered mail) to the land advertising service of the location of housing.
Condominium regulations registered before 1956
A form must be completed:
This form must be sent in 2 copies (simple or registered mail) to the land advertising service of the location of housing.
Update
All condominiums must bring the condominium regulations into conformity with the laws in force.
The trustee must register at the agenda of the general assembly the issue of bringing the Regulation into line with legislative developments.
In particular, the trustee may incur liability if he does not comply with this obligation.
The condominium by-law and all subsequent amendments are published by a notary in the land advertising department. There are some costs associated with this. The trustee may invoice the management of the modification of the condominium by-law if the general meeting has entrusted him with this mission.
It is recommended to check what the trustee's contract provides, including inquiring about these fees by contacting the notaries' information service of France.
Who shall I contact
Information service of notaries of France. This service does not offer personalized consultations.
By phone
0 892 011 012
Open Monday to Thursday from 9:30 am to 6 pm and Friday from 9:30 am to 5 pm
Purple or increased number: €0.80 / minute + call price
This publication makes the provisions of the Regulation enforceable to all. They are therefore imposed not only on co-owners and their tenants, but also on future buyers.
Majority rules
A decision of the General Assembly is mandatory to change the condominium policy.
The nature of the vote of the co-owners differs depending on the cause of the change:
- Burden-sharing
- Destination of the building
- Use of common areas
- Condominium by-law for compliance with a legislative evolution.
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Burden-sharing
In principle, the distribution of the costs must be modified by the unanimous consent of the co-owners. However, there are some exceptions.
Realization of works
The new burden-sharing must be voted on by the same majority as that at which the works were voted.
Purchase of a private part
The new distribution of expenses must be voted by the same majority as the one at which the purchase was voted.
Sale of a common part
The new distribution of expenses must be voted by the same majority as the one at which the sale was voted.
Change of use of a unit
The new burden-sharing must be voted on by the absolute majority "referred to as article 25".
Destination of the building
Unanimity is required to amend the destination from the building. This is the case, for example, in the event of the deletion of a bourgeois dwelling clause to enable a professional activity in a dwelling place.
Use of common areas
The double majority "referred to as article 26" is required.
Bringing the Regulation into line with legislative developments
The simple majority "referred to as article 24" is required.
There is no penalty for the absence of a condominium by-law. In this situation, all legal rules concerning the organization and operation of the condominium apply.
Who can help me?
Find who can answer your questions in your region
Administrative information by telephone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and cannot therefore provide information on their progress.
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- Service free
The informants who answer you belong to the ministry in charge of housing and urban planning.
Articles 8, 10 to 14, 18, 26, 35
Articles 1 to 4, 15, 55
Communication of the condominium by-law to the tenant
FAQ
Service Public
National Agency for Housing Information (Anil)
National Institute of Consumer Affairs (INC)
