Balcony: definition, regulation and maintenance

Being the owner or tenant of a accommodation with a stone balcony involves respecting certain rules. Who should ensure his maintenance? Is the balcony a private or common part? Can we hang planters and decorations? Is the installation of a railing mandatory? Here is everything you need to know about the regulation of the balconies in force.

Capital video: balcony: definition, regulation and maintenance

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What is a balcony?

A delimited slab adjoining an apartment or a house

A balcony is a platform opening on an outdoor space adjoining accommodation. It is usually composed of a several square meters slab Tracking on the facade of a building. This slab is delimited and surrounded by a balustrade, railing or railing. The balcony is usually located upstairs, allowing its occupants to benefit from a point of view either on a closed courtyard or on the street.

Different types of balcony

Apart from housing or apartments, there are also balconies in other places such as in the theater in order to give the occupants a view of the forefront. Another example and other domain: a balcony can also be installed at the back of a boat to allow travelers to enjoy the view.

Balcony, terrace or loggia: what differences?

Different supports

Like the balcony, the terrace is located outside the accommodation. The difference relates to its support: it is based on a surface. In addition, the terrace is generally much larger than the balcony and is at least partially discovered.

Filage balcony differences and terrace

The terrace should not be confused with the stringing balcony. It is a balcony whose length extends over the entire facade of the building and therefore on all of the apartments.

The terrace, an additional living room

The terrace can be considered as a Additional living room. It is usually located on the ground floor or in the top floor, but many recent buildings are built so as to allow occupants to have a terrace on each floor.

Architectural difference

Loggia is a covered outdoor space. It is integrated into the volume of the building, behind compared to the main facade. Generally surrounded by three walls and a ceiling, it is protected from bad weather. The loggia can be closed by bay windows, it acts as an indoor living space turned outwards. In summary, the main difference between a balcony and a loggia lies in their architectural design.

Is a balcony a private or common part?

It all depends on the co -ownership regulations

In co -ownership, there are private parts and common areas. By definition, the parts of the buildings intended for the exclusive use of a co-owner (article 2 of law n ° 65-557 of July 10, 1965) are private. But in this area, things are not simple: indeed, the co -ownership regulations can perfectly deex common parts of the building. Thus, many co -ownership regulations qualify the Balconies of common areas for private use.

Some elements are private, other commons

In general, we observe that the nature of the balconies is determined as follows: the structural work of the balcony constituting the slab with its ironwork and stone is considered a common part while the rest (floor covering, balustrade, railings, etc.) is categorized as a private part. Also, before initiating repairs, the co -ownership regulations must always be checked.

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Do you need an authorization to make a balcony?

The construction of a balcony involves obtaining an urban planning authorization. The type of authorization to be deposited differs according to the size of the balcony. If it makes 40 m² or less, the owner must obtain a prior declaration of work from the town hall. If the balcony is more than 40 m², this time must be obtained a building permit.

Is it mandatory to install a balustrade, railing or railing on your balcony?

The installation of a balustrade at a balcony or a railings is compulsory. Indeed, as specified Article R. 134-59 of the Construction and Housing Code, These elements are imperative. Balcony railings, terraces, galleries, loggias must have a height of at least one meter. However, this height can be lowered to 0.80 meters in case the railing is more than fifty centimeters thick.

Owner, tenant, condominium … Who is the maintenance of the balcony?

In terms of condominium, it all depends on the regulations and qualification brought to the balcony in question. If the balcony is a common part, the maintenance is the responsibility of the collective, the union of co -owners. If the balcony is partly private and partly common, the maintenance is the responsibility of the owner and the syndicate of co -owners at the same time, each for its game. If you are a tenant, you will only be held from the small maintenance of the balcony (cleaning) or its restoration as a result of degradations. The same goes for the maintenance of the boiler.

Can we hang on decorations, plants from the planters to your balcony?

It is quite possible to hang decorations and planters on your balcony under certain reservations: neither the co -ownership regulations nor a municipal decree must prohibit it. Please note, regulations in this area can be very variable. You will be held responsible for damage possibly caused by your planters and your decoration elements in the event of a fall.

To know : In general, co-ownership regulations prohibit the planters located outside the railings.

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Who is responsible for the collapse of a balcony?

When a balcony collapses, both the owner of the accommodation and the syndicate of co -owners and the trustee as part of a condominium building may be held responsible. It is not necessary to exclude the responsibility of the tenant if it is proven that he has contributed to the collapse of the structure by an abnormal activity (storage on the balcony or voluntary degradation). Finally, the manufacturer can also be found guilty of disorders when the collapse is, for example, poor workmanship.