Can I change the assignment of a condominium lot?

Verified 12 May 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

The condominium rules gives an assignment (apartment, shop, cellar, parking, attic etc.) to each batch in the condominium building.

A co-owner can, in principle, modify the allocation of his lot. For this, this change must respect the following 3 points:

  • The destination of the building set by the condominium by-law
  • The rights of other co-owners. For example, this change must not result in noise nuisance or olfactory with respect to other co-owners, or cause overcrowding of the building or compromise the safety of the occupants
  • And the clauses of the condominium by-law (exclusive bourgeois dwelling clauseclauses prohibiting certain businesses, etc.).

Example :

  • Transition from commercial premises to residential use, provided that the purpose of the immovable (for example mixed dwelling/business) allows it and that the other co-owners do not suffer harm
  • Creation of a parking space in a private garden, authorized by the destination of the building (residential use with possibility of exercising a liberal profession)

In these cases, the co-owner does not have to obtain the authorization of the syndicate of co-owners.

However, the change of assignment is subject to the authorization of the general meeting when the change of assignment:

  • Causes important work (transformation of a storage room or attic into a living room, transformation of a terrace or attic into an apartment)
  • Or affects the common areas or the exterior appearance of the building
  • Or entails a modification of the condominium by-law (change of contractual destination of the lot or immovable),

For co-owners living in the 92, 93 or 94 or in a city of more than 200,000 inhabitants, you have to get a prior authorization of the town hall to change the use of accommodation. A decision of the municipal council shall lay down the conditions for the issue of such authorization. To know these conditions, it is necessary to contact the town hall (or consult the municipal by-law sometimes available on its website).

Who shall I contact

FYI  

The change of assignment of a privative part may result in change in burden sharing co-ownership, where it affects the use of the common areas or the collective services. This situation can thus lead to a revision of tenths to take account of this new allocation.

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