Who has priority to buy a property in a condominium?
Verified 17 June 2026 - Public Service / (Prime Minister)
The applicable rules vary depending on whether it is the sale of a dwelling or a parking space:
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Sale of a home
Outside the sale of property located in a pre-emption zone, the applicable rules vary depending on whether the accommodation offered for sale is rented or free from occupation:
rented Accommodation
It is possible to sell the property empty or occupied by your tenant.
Sale of empty housing
If you want to sell your empty home, you must give leave to sell to your tenant.
This leave entitles him to a priority, called right of pre-emption, on the purchase of the dwelling in relation to other potential purchasers. The leave must specify the price and conditions of the sale.
This leave is thus worth an offer to sell to your tenant. This offer is valid for the first 2 months of the notice period. In the absence of a response or refusal from your tenant, you are free to offer your accommodation to another person.
However, if you decide to lower the selling price of your home, you must inform the tenant directly or through your notary. Your tenant then becomes a priority to buy the housing for 1 month.
Please note
The tenant cannot not benefit from the right of pre-emption in case of leave to sell in 3 cases:
- The sale concerns a furnished dwelling
- The sale takes place for the direct benefit of a parent up to and including 3rd degree, the purchaser must occupy the dwelling for a minimum period of 2 years from the expiry of the notice period
- The sale relates to a building subject to a ban on living, a peril order or a declaration ofunsanitary.
Sale of the dwelling occupied by the tenant
If you want to sell your tenant-occupied property, you have no obligation to offer to buy the property.
Indeed, his lease continues with the new owner.
The tenant therefore does not have a right of first refusal. But there is an exception: if the property has just been co-owned and it is a 1re sale.
FYI
The deed of sale will mention that the property is sold occupied by a tenant.
The accommodation is not rented
You can sell your home freely provided that the condominium rules does not provide for restrictive covenants justified by destination of the building. For example, it may be forbidden to sell certain condominium lots separately (sale of a service room independently of the main lot).
Sale of a parking space
In principle, you can sell your parking space to whomever you want.
However, in some buildings, the condominium rules may provide for right of priority, also called right of preference, to co-owners in case of sale of a lot exclusively for parking use in the condominium.
In this case, you should warn the syndic of co-ownership your intention to sell your parking space, by registered letter with acknowledgement of receipt. Your letter must indicate the sale price and the terms of sale.
The trustee must immediately transmit the information to each co-owner by registered letter with acknowledgement of receipt, at your expense. The co-owners have 2 months from the receipt of the mail to give their answer.
If no co-owner wants to buy your parking space, you can sell it to whoever you want.
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