Co-ownership bylaws
The co-ownership bylaws are the foundational document of a French condominium, drafted by the developer or the notary, setting out the rules of collective life, the building's intended use, the division of common and private areas, the charge shares (millièmes), and the voting grid for general meetings. They are binding on all current and future co-owners from the moment of their publication in the land register.
Key points
- It is annexed to every condominium unit sale deed; the buyer reviews it before signing.
- It defines general common areas (roof, facade, stairwells) and special common areas (e.g., an elevator serving only certain floors).
- Restrictive clauses (purely residential use, ban on professional activity) are binding on the buyer.
- It can be amended by a general meeting vote subject to specific majority rules (article 26 or unanimity).
- The maintenance log and multi-year works plan complement the bylaws but are not part of them.
Frequently asked questions
How do I check whether the co-ownership bylaws allow a professional activity in the apartment?
Read the building use clause in the bylaws carefully. A clause stating 'purely residential use' or 'exclusive residential' generally prohibits any commercial or professional activity, even if no clients are received on the premises. Some bylaws allow liberal professions with no external signage. If in doubt, the property manager can provide an interpretation, but only a court has final authority.
Why are the co-ownership bylaws important for financing a unit?
The bank reviews the bylaws to confirm that the building's designated use is compatible with the intended purpose (primary residence, rental investment, commercial premises). An incompatible designation can block financing or require a different loan product. The bylaws also disclose restrictions on short-term rentals (e.g., Airbnb), which can affect the viability of a rental investment.
What is the difference between the co-ownership bylaws and the house rules?
The co-ownership bylaws are a registered, publicly binding document that defines the building's legal status; they are legally enforceable. The house rules are a practical document adopted at a general meeting that covers day-to-day collective living details (delivery hours, use of the common room); they are less formal and more easily amended by simple majority.
In practice
An investor wants to buy an apartment to rent out as a tourist furnished rental. The broker reviews the co-ownership bylaws before assembling the file and spots a clause prohibiting short-term lets. He advises the client to abandon this property in favor of another building whose bylaws are silent on the matter, preventing a post-purchase dispute with the property manager.
Official sources
- Co-ownership regulations · Service-Public.gouv.fr
- Sale agreement and loan condition precedent · Service-Public.gouv.fr
- Housing and financing information · ANIL