Many co-owners think they can freely renovate their apartment as long as the work concerns their private space. However, in co-ownership, certain arrangements necessarily require the prior agreement of the trustee or the general meeting. This is particularly the case when the construction site affects common areas, modifies the exterior appearance of the building or affects its structure. Work carried out without authorization may subsequently lead to disputes or legal proceedings.
The subject is far from theoretical. “In a home, there may be common areas »recalls Jean-Robert Bignon, Co-ownership Business Director at Citya Immobilier. However, some owners discover too late that a simple change of windows, air conditioning or the opening of a wall may require a specific vote of the co-owners. “We must anticipate and respect the rules”insists the specialist, who sometimes observes conflicting situations after work carried out without prior validation.
Work in co-ownership: what the law provides
The legal framework is mainly based on the law of July 10, 1965 which governs the operation of co-ownerships. Articles 14-1 and 14-2 distinguish in particular current operating expenses from work requiring a specific decision by the co-owners. In theory, an owner can freely carry out purely private work. But this freedom ends when the construction site:
- affects common areas;
- modifies the exterior appearance of the building;
- affects the structure of the building;
- or impacts collective facilities.
In fact, this concerns many common developments: opening a load-bearing wall, replacing windows, installing air conditioning with an outdoor unit, modifying drainage networks or even closing a balcony. When this work affects the common areas or the exterior appearance of the building, article 25 of the law of July 10, 1965 requires a vote in a general meeting by a majority of votes of all co-owners.
Load-bearing wall: the riskiest construction site in co-ownership
This is probably the most sensitive situation. Many owners want to enlarge their living space by opening a kitchen onto a living room or by removing certain partitions. But some walls are load-bearing and contribute directly to the strength of the building. “Unfortunately it happens in our buildings that people do this somewhat on a fixed price basis without asking anyone”observes Jean-Robert Bignon. “You can have buildings hit with a danger order or a safety order because the work was not carried out correctly”he warns.
In this type of file, the co-ownership may require:
- a structural study;
- the intervention of an architect;
- a project manager;
- a technical design office.
Without these guarantees, the construction site can quickly become a risk for the entire building.
Windows, air conditioning, insulation: work often involved
Many co-owners also think they can freely change their windows since they often belong to their apartment. However, their exterior appearance modifies the facade of the building. Same logic for the installation of air conditioning visible from the outside, an extraction duct or certain thermal insulation work.
The co-ownership regulations can impose a specific colora particular material or a model harmonized with the building. Before signing a quote, it is therefore better to systematically consult the trustee.
Work without authorization: sometimes very heavy penalties
When a co-owner carries out work without agreement although authorization was required, the co-owners’ association can take legal action. “We may be led to make a diagnosis of what has been achieved at the expense of the co-owner to verify that the work was carried out according to the rules of the art », explains Jean-Robert Bignon.
If anomalies are noted, the owner may be forced to demolish the work carried out and redo everything correctly. “The co-owner can pay for the work twice”he warns, before specifying: “And sometimes the second procedure costs a lot more than the first. » In the most serious situations, the case can go as far as summary proceedings, particularly if the security of the building is at stake.
The co-ownership regulations remain essential before any construction site
To avoid unpleasant surprises, professionals recommend carefully consulting the co-ownership regulations before any renovation project. “Reading the co-ownership regulations is fundamental since it defines the private areas and the common areas,” insists Jean-Robert Bignon. This document specifies in particular the applicable rules concerning:
- the facades;
- visible equipment;
- collective networks;
- or the conditions for carrying out the work.
The trustee will then be able to indicate whether a vote at the general meeting is necessary and which technical documents must be provided.
Why do many co-owners still take risks?
According to Jean-Robert Bignon, many owners still try to circumvent the rules, often through haste. “The co-owners want to do their work at all costs and go from the request to the co-ownership »he notes. The problem is that certain irregularities are only discovered several years later, during a sale, water damage or a technical expertise. “We cannot decide overnight to drill into a wall without checking what this means for the building” concludes the expert.
