What is co-ownership (building by-law)?
Verified 25 June 2025 - Directorate for Legal and Administrative Information (Prime Minister)
The co-ownership processor is a written document that completes and specifies the conditions of use of the parties private and municipalities listed in co-ownership rules.
It has a mainly organizational and disciplinary function to facilitate the collective life of the building.
The joint ownership is not a required document.
Warning
This document should not be confused with the co-ownership regulation, which is mandatory.
The shall be established on the initiative of condominium trustee. It's up to them to decide whether or not to write it as part of their overall mission of administration and conservation of the building.
The co-ownership rules are then put to the vote of the co-owners at the general meeting. This decision shall be taken at the simple majority (so-called majority of Article 24).
The adopted regulation may be amended according to the needs of the condominium and its occupants.
The new acquirer must be approved again by the co-owners at the general meeting. This decision shall be voted on by the simple majority (so-called majority of Article 24).
FYI
If a co-owner wishes to add or modify an article/clause of the co-ownership regulation, he must send his proposal to the trustee by registered letter with acknowledgement of receipt before the next general meeting. This request will then be entered in theagenda of this assembly.
The person taking the action takes up or details the rules of community life that must be respected by all occupants. Examples of such rules are:
- Use of common areas (e.g. use of green areas) or common facilities (e.g. elevators)
- Respect for the tranquility of the place, including the limitation of noise nuisances (work schedules, use of noisy equipment etc)
- Ownership of the premises or the sorting of household waste
- Building security.
Warning
The method of the method of the invention cannot be substituted for co-ownership rules to restrict (diminish) the rights of co-owners.
The displayed in the building (usually in the lobby) to be known to occupants, owners and tenants.
The lessor may also communicate to the tenant the co-ownership requirement upon signing the lease.
Yes, the co-ownership requirement can be challenged. However, the challenge period is very short. In fact, the 2 months which follow the notification (dispatch) of the minutes of the general meeting. After that period, there is no possibility of challenging it.
This judicial procedure requires the assistance of a lawyer.
The trustee is responsible for enforcing the co-ownership agreement.
In the event of non-compliance with any of its terms, the liquidator must be notified. He must then remind the person concerned of the rules of good behavior in the building by all means.
FYI
In principle, the has not of legal value. This means that:
- It is only valid between co-owners (not tenants/third parties)
- Failure to comply with its terms shall not give rise to legal action, except in the case of abnormal neighborhood disorder.
However, it may have legal force where it takes over a clause identical of the co-ownership rules. In this case, it is enforceable against the tenant or occupant of the property.
The judges were thus able to validate the application of a clause in the French text prohibiting commercial exploitation in a residential premises because it incorporated an identical clause in the co-ownership agreement.
Co-ownership Regulation | |
Prepared by a third party (notary or lawyer) | Prepared by the trustee |
Document Required | Optional Document |
Applicable to all (co-owners, tenants, occupants) | Enforceable only if it incorporates clauses of the co-ownership regulation |
Determines the organization, the destination, the enjoyment of the private and communal areas | Specifies the application of the rules of collective life or the use of common and private areas |
Dispute at any time | Challenge within 2 months of notification of the minutes of the general meeting at which the |
Tasks of the liquidator
Time limit for challenge
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