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

Verified 30 September 2020 - Directorate for Legal and Administrative Information (Prime Minister)

You can freely use the private parts of your condominium lot (housing and its annexes) with respect to other co-owners. You must also respect the use of the building (we are talking about destination). Compliance with these provisions is usually provided for in the condominium regulations. In any case, your use of your private parts must not harm the neighborhood.

The private parts correspond to your accommodation and the annexes you own in the condominium (parking space, cellar, ...).

The private parts are reserved for your exclusive use. You have free access to your private parts and can rent or sell them.

Warning  

in some , the sale of a parking space must be offered first to the building's owners.

Exclusive use of private parts is free of charge, provided that the neighbor is not harmed.

To prevent damage to the neighborhood, the condominium settlement may, for example, prohibit certain actions:

  • Dry your laundry outside
  • Install Parable
  • Make barbecues
  • Install sight caches (ducks, bamboo...)
  • Install flower pots or planters on the outside edges of balconies or windows
  • Shake tablecloths, carpet from your window
  • Make fireplace

In all cases, even in the absence of a prohibition under the condominium regulation, your use of your private parts must not be a source of harm to the neighborhood. For example, noise..

Use of your private parts must be in accordance with destination of the building as determined by the condominium by-law.

For example, condominium rules may prohibit all professional activities. In this case, the regulation must contain an exclusive bourgeois housing clause.

On the other hand, when the regulation prohibits all commercial activity but makes it possible to exercise a liberal activity, it must contain a simple bourgeois housing clause.

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

In all cases, your professional activity, even if authorized, must not be harmful to the neighborhood (for example, noise).