Co-ownership Regulation
Verified 28 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The co-ownership regulation is a written document that defines the rules of operation of the building and specifies the rights and obligations of the co-owners and their tenants. The condominium trustee must ensure compliance with the condominium regulation or risk incurring liability.
The co-ownership regulation is a written document that defines the organization and operation of the condominium and specifies the rights and obligations of the co-owners and their tenants.
It's a mandatory document for co-ownership.
Co-ownership rules are binding on co-owners and their tenants. The condominium trustee must ensure compliance with the co-ownership rules, otherwise it will be liable.
Most often, the co-ownership settlement is made at the time the building is co-owned, i.e. when it is divided into lots.
Practical life rules
The co-ownership regulation lays down the rules of life within the building, in particular:
- Terms of use for private parts (prohibition on hanging linen on windows, limitation of work to certain days and times...)
- Terms of use for common areas (use of the garage of the bicycle room...)
- Terms of use for special common areas and common areas for private use if they exist
FYI
the co-ownership regulation may impose restrictions on the rights of co-owners if justified by the destination of the building. For example, the co-ownership by-law may prohibit divisions of co-ownership lots. It may also provide thatin the case of a sale of a lot, the purchase is offered primarily to the other co-owners.
Business Rules
The co-ownership rules determine the organization of the co-ownership, for example:
- Distribution of charges between co-owners and method of calculation to establish the quotas of each
- Rules related to the administration of common areas
- Descriptive statement of division of the immovable identifying each co-ownership lot by number followed by the information relating to each of them (inventory of private lots)
FYI
The descriptive statement may be independent of the co-ownership rules (in this case it is annexed).
The trustee must ensure compliance with the provisions of the co-ownership rules. For example, in case of nuisance (noise, smell...), the trustee must notify the person concerned by letter to remind him of the rules provided for in the co-ownership regulation. If he does not do so, an action against the trustee may be brought. That requires a vote at the general meeting.
If the co-ownership rules are not respected, the co-owners' union or the trustee or any co-owner may to appeal to the court of the place where the immovable is situated. Before that, however, mediation must be initiated.
The process differs depending on whether it is done by the owner of the dwelling or the tenant.
Owner
At the time of the act of purchase, the owner of the lot receives a copy of the co-ownership regulation and the condominium trustee has a copy.
In case of loss of the co-ownership settlement, it is possible to obtain a copy from another co-owner, notably a member of the trade union council.
If no one has been able to provide a copy of the regulations, it should be requested from the condominium trustee. However, the latter may provide for billing to provide this service (variable fees depending on the contract of trustee of condominium).
A copy of the co-ownership rules can also be obtained from the land advertising service. The copy costs €30. The request must be made through a form. This form differs according to the date of registration of the co-ownership settlement (after 1956 or before).
Condominium by-law registered in 1956 or later
This form must be submitted in 2 copies (simple or registered mail) to the property advertising department of location of the accommodation.
Co-ownership settlement registered before 1956
This form must be submitted in 2 copies (simple or registered mail) to the property advertising department of location of the accommodation.
Tenant
A copy of the co-ownership rules is return to tenant.
In case of loss of the co-ownership settlement, it is possible to obtain a copy from the landlord.
If the landlord could not provide a copy of the regulation, it is possible to ask the condominium trustee (who is not obliged to accept) or to the real estate agency that manages the property. This copy may be invoiced.
A copy of the co-ownership rules can also be obtained from the land advertising service. The copy costs €30. The request must be made through a form. This form differs according to the date of registration of the co-ownership settlement (after 1956 or before).
Condominium by-law registered in 1956 or later
This form must be submitted in 2 copies (simple or registered mail) to the property advertising department of location of the accommodation.
Co-ownership settlement registered before 1956
This form must be submitted in 2 copies (simple or registered mail) to the property advertising department of location of the accommodation.
Updating
All condominiums must bring the condominium regulation into line with the legislation in force.
The trustee must register at the agenda of the general meeting the question of bringing the regulation into line with legislative developments.
In particular, the trustee may incur liability if he fails to comply with this obligation.
The co-ownership regulation and all subsequent amendments are published by a notary in the land advertising service. There are some costs associated with that. The trustee may charge for the management of the modification of the condominium rules if the general meeting has entrusted him with this task.
It is advisable to check what is in the trustee's contract, including inquiring about these fees.
Who shall I contact
Notarial information
Information service of notaries of France. This service does not offer personalized consultations.
By telephone
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 enhanced number: €0.80 / minute + call price
This publication makes the provisions of the Regulation enforceable to all of you. They are therefore imposed not only on co-owners and their tenants, but also on future purchasers.
Majority rules
A decision of the general meeting is necessary to amend the co-ownership rules.
The nature of the co-owners' vote differs depending on the cause of the change:
- Burden-sharing
- Destination of the building
- Use of common areas
- Condominium regulation for compliance with legislative developments
Répondez aux questions successives et les réponses s’afficheront automatiquement
Burden-sharing
Carrying out work
The new distribution of the burdens must be voted on by the same majority as that on which the work was voted.
Purchase of a private part
The new distribution of costs must be voted by the same majority as the one in which the purchase was voted.
Sale of a common part
The new distribution of the burdens must be voted by the same majority as the one at which the sale was voted.
Change of use of a private part
The new distribution of the burdens must be voted on in the absolute majority "referred to in article 25".
Other change
Unanimity is required.
Destination of the building
Unanimity is required to amend the destination of the building. This is the case, for example, in the case of the abolition of a bourgeois housing clause to allow a professional activity in a dwelling place.
Use of common areas
The double majority "so-called article 26" is required.
Bringing the Regulation into line with legislative developments
The simple majority "so-called article 24" is required.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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- Service free
The informants who answer you belong to the ministry in charge of housing and city planning.
- France Services / Maison de services au public
Articles 8, 10 to 14, 18, 26, 35
Articles 1 to 4, 15, 55
Communication of the co-ownership settlement to the tenant
FAQ
Service-Public.fr
National Agency for Housing Information (Anil)
National Institute of Consumer Affairs (INC)
