Private parts reserved for the exclusive use of its co-owner

Verified 04 August 2023 - Legal and Administrative Information Directorate (Prime Minister)

You want to know if you can freely use the private parts of your co-ownership lot ? We are taking stock of the regulations.

The condominium lot must have a private part and a share of common areas, which are inseparable.

The private parts are the exclusive property of each co-owner. They correspond to your accommodation that you own in the condominium and its annexes (parking space, cellar...).

In general, the following are considered as private parts: windows, doors, shutters, floor coverings, unless otherwise provided by the condominium regulation.

However, some parts of your dwelling are not private (for example, the floor, the heavy work, the pipes).

Private areas are reserved for your exclusive use. You therefore have free access to the private parts of your accommodation (you can rent them, sell, y to carry out work,...) on condition that the rules governing joint ownership are complied with.


in some casesHowever, the sale of a parking space must be offered as a priority to the co-owners of the building.

The co-ownership rules determine the purpose of the private and common parts and the conditions for their enjoyment.

You must mainly respect the destination of the building and do no harm to other co-owners. In addition, you cannot refuse access to the private parts of your accommodation in case of works of common interest.

Respect for the destination of the building

The use of the private parts of your dwelling must be in accordance with the destination of the building as set by the co-ownership rules.

The co-ownership regulation may, for example, prohibit any professional activity whatsoever (including the exercise of a liberal profession). In this case, the regulation must contain an exclusive bourgeois housing clause.

In the event of a dispute, it is the judge of court the location of the building, which assesses the compatibility of the activity with the destination of the building, especially in view of its standing (comfort, geographical location...).

In any case, your professional activity, even authorized, must not be a source of nuisance for the neighborhood (for example, noise nuisance).

Respect for other co-owners

The exclusive use of private parts is free on condition that it does not harm the neighborhood.

To prevent damage to the neighborhood, the co-ownership regulation For example, may prohibit certain actions:

  • Drying your laundry outside
  • Settle a parabola
  • Barbecue
  • Settle hiding places (canisters, bamboo...)
  • Settle flower pots or planters on the outer edges of balconies or windows
  • Shake tablecloths, carpet from your window
  • Make a chimney fire

In any case, even in the absence of a prohibition under the co-ownership regulation, your use of the private parts of your dwelling must not be a source of nuisance for the neighborhood (e.g. noise pollution).

Obligation to allow access to your private parts in case of works of collective interest

You may not refuse to carry out on the private parts of your dwelling works of common interest regularly decided by the general meeting of the co-owners, as long as the assignment, consistency or enjoyment of your private parts are not permanently altered.

However, the carrying out of such work may be imposed on you only if the circumstances so warrant.


If you suffer damage as a result of carrying out the work, either because of a permanent decrease in the value of your lot, or because of a serious disturbance of enjoyment, even if it is temporary, or because of damage, you are entitled to compensation.

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