What is a common part?
Definition of the law of July 10, 1965 fixing the status of the condominium of built buildings
Law No. 65-557 of July 10, 1965, fixing the status of the condominium of built buildings, attests that “parts of buildings and land affected to the use or usefulness of all co-owners or several of them are deprived”. Also, to constitute a common part, the wall, the place, the element concerned must be useful to all. Regarding all the owners, also called members of the syndicate of co -owners, it may be a question:
- of a staircase,
- the hall of a building,
- traffic corridors,
- elevators (…).
The detailed common areas in the co -ownership regulations
All the standards applicable to a building subject to the condominium regime appear in the co -ownership regulations. This text written at the time of the creation of the building constitutes a kind of internal regulations to which all occupants must submit. However, among its provisions, the co -ownership regulations establish the list of common parts and the private parties present within the building.
What are the common areas of a condominium building?
Garden, courtyard of the building, the structural work …
The definition of common areas can be found in Article 3 of Law No. 65-557 of July 10, 1965 . Indeed, it applies “in the silence or the contradiction of the titles”. This means that it completes or supplement the deficiency of the co -ownership regulations.
This article considers as common parts the following parts of the buildings:
- The ground, the courses, the parks and gardens, the access roads,
- The structural work,
- The elements of common equipment, including the parts of related pipes which cross private premises,
- Chests, sheaths and fireplaces;
- Common services premises;
- Passages and corridors;
- And any element incorporated in the common areas.
Consult the co -ownership regulations in the event of doubt
As previously established, the co -ownership regulations, a document which governs life between the co -owners thanks to a certain number of rules, gives the definition and lists the common areas of the building in detail.
How do you know if the part is common or private?
The easiest way is first to refer to the co -ownership regulations. Indeed, this document determines the distribution between common and private parts for the building concerned. In the absence of clarification by the regulation, it is then necessary to refer to the concept of usefulness and collective use as well as to the list specified by article 3 of law n ° 65-557 of July 10, 1965. If after examination of the question, it remains a doubt, it is possible to be helped: the condominium trustee of the building, a notary or a lawyer can come and interpret what remains obscure.
Are balconies and terraces common areas?
Common parts for private use
The co -ownership regulations specify whether the balconies and terraces fall under common areas or private parts. In the majority of cases, they are considered as common parts for private use. In other words, their use is reserved for the co -owner who has the exclusive enjoyment.
Planning: the owner must comply with the co -ownership regulations
The owner is therefore free to personalize and decorate his balcony or terrace according to his desires. However, these developments must comply with the provisions of the co -ownership regulations. This can provide restrictions on the color of the paintings, the choice of materials or the installation of fixed elements, in order to preserve the aesthetic harmony of the building.
Who has the right of enjoyment on the common areas?
A right of enjoyment shared between the co -owners of the building
All co -owners have a shared right of enjoyment in the common areas. Indeed, everyone must be able to borrow the hall of the building, the stairwells (…). Each co -owner must be careful not to cause neighborhood disorders or olfactory nuisances.
Respect for condominium rules
It is therefore necessary to respect certain simple rules to guarantee the good understanding of the owners of the building:
- Respect for the destination of the building: an entrance hall is not a storage place where to store its bikes and strollers, a common garden is not an individual vegetable garden …
- Respect for the trash premises: the noble bags should not be put on the landing, but in the trash room where the waste will be sorted.
- Absence of privatization: no co -owner can appropriate a common part for exclusive use, unless expressly authorized by the General Assembly.
Each of the co -owners also benefits from the foundations and promising walls which support the structure of the building.
In what case can the enjoyment of a common part be reserved for the exclusive use of a co -owner?
As an exception, the enjoyment of a common part can be reserved for the use of exclusive of a co -owner in a number of situations. We then speak of a right of private enjoyment on a common part. This generally concerns elements adjoining the lot (example: balcony, veranda, garden, etc.). This right is acquired in different ways. It can be provided by:
- Co -ownership regulations
- A general condominium assembly decision
Who should take care of the maintenance and expenses relating to common areas?
The syndicate of co -owners
The syndicate of co -owners takes care of the maintenance and expenses relating to the common areas, with regard to collective elements. Each year, the general meeting of co -owners votes for a provisional budget allowing to pay current expenses concerning the common areas (electricity, water, etc.) but also any necessary work.
Each co -owner is liable according to the hooks held
Each co-owner is therefore indebted, according to the hooks he holds in the building, of a share of charges corresponding to the maintenance of the common areas.
To know : The buns correspond to the part of the condominium possessed by each co -owner. They are established by the descriptive state of division (which appears in the co -ownership regulations).
What to do in the event of abusive use of the common areas?
In the event of unfair use of the common areas by one or more co -owners, the trustee of the building must be used. Indeed, the latter is responsible for enforcing the co -ownership regulations. He can therefore intervene in the event of deterioration as a result of the abusive use (squat, grabbing, degradations, etc.). He will send a letter of formal notice to the person concerned who will have thirty days to regularize the situation. In the absence of a response, he may call on a mediator or the police.
