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.

Co-owner

At the time of the purchase, the co-owner of the lot receive a copy of the co-ownership settlement and the 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 trustee. However, the trustee is not obliged to accept and may also provide for billing to provide this service (variable charges depending on the trustee's contract).

It is also possible to obtain a copy of the condominium by-law from the property advertising department. 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 (before or after 1956).

Condominium by-law registered in 1956 or later

Copy of documents (bill of sale, donation, joint ownership settlement...) registered after January 1, 1956

This form must be sent in 2 copies (simple or registered mail) to the property advertising service of the location of the dwelling.

Who shall I contact

Before 1956

Copy of documents (bill of sale, donation, joint ownership settlement...) registered before January 1, 1956

This form must be sent in 2 copies (simple or registered mail) to the property advertising service of the location of the dwelling.

Who shall I contact
Tenant

A copy of the co-ownership settlement is given to the tenant.

In case of loss of the co-ownership settlement, it is possible to obtain a copy from the lessor.

If the lessor was unable to provide a copy of the regulations, it must be requested from the trustee. However, the trustee is not obliged to accept and may also provide for billing to provide this service (variable charges depending on the trustee's contract).

It is also possible to obtain a copy of the condominium by-law from the property advertising department. 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 (before or after 1956).

Condominium by-law registered in 1956 or later

Copy of documents (bill of sale, donation, joint ownership settlement...) registered after January 1, 1956

This form must be sent in 2 copies (simple or registered mail) to the property advertising service of the location of the dwelling.

Who shall I contact

Before 1956

Copy of documents (bill of sale, donation, joint ownership settlement...) registered before January 1, 1956

This form must be sent in 2 copies (simple or registered mail) to the property advertising service of the location of the dwelling.

Who shall I contact

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 recommended to check what is in the trustee's contract, in particular, and inquire about these fees.

Who shall I contact

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

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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

Bringing the Regulation into line with legislative developments

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