Who has priority for buying property in a condominium?

Verified 27 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)

The rules vary depending on whether it is a sale of a house or a parking space.

You're selling your home

The situation varies depending on whether the accommodation is rented or not.

Your accommodation is rented

You can sell your empty or occupied home.

If you want to sell your empty home, you must give leave to sell to your tenant. This leave entitles him to a so-called "right of first refusal" over the purchase in relation to other potential purchasers. The leave must specify the price and conditions of the sale. The offer made to your tenant is valid for the first 2 months of the notice period. After this period, you are free to offer your accommodation to another person.

However, if you decide to lower the sale price of your home, you must inform the tenant by mail (simple or recommended). Your tenant then becomes a priority to purchase the home for 1 month.

Please note

the tenant cannot benefit from the right of pre-emption in case of leave to sell in 2 cases

The sale takes place for the benefit of a parent up to and including 3rd degree, and on condition that the purchaser occupies the dwelling for a minimum period of 2 years from the expiry of the period of notice
The sale is for real property subject to a order of peril

However, if you want to sell your tenant-occupied homeHowever, you are under no obligation to propose to him since his lease will be transmitted to the new owner. The tenant does not therefore have a right of first refusal, unless the housing has just been put into condominium and it is a 1^re sale.

Your accommodation is not rented

You can sell your home freely provided that the condominium rules do not provide for restrictive clauses justified by the destination of the building. For example, it may be prohibited to sell certain condominium lots separately (sale of a service room independently of the main lot).

You're selling a parking space

You can sell your parking space to anyone you want.

However, in some newer buildings, co-owners may have priority to purchase it. This is called the "priority right" of condominiums. It's for buildings that have parking areas that have been imposed by a local city planning plan. This also applies to buildings whose co-ownership rules grants a right of priority to the co-owners in the event of the sale of a parking space.

You must warn the condominium trustee of your intention to sell your parking space. To do this, you must send a registered letter with notice of receipt.

Your letter must indicate the sale price and the terms of sale.

The trustee must immediately forward the information to each co-owner by registered letter with notice of receipt, at your expense.

The co-owners have 2 months from the receipt of the mail to give their answer.

If no co-owner wants to buy your parking space, you can sell it to whomever you want.

Who can help me?

Find who can answer your questions in your region

Telephone administrative information - Allo Public Service
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