The principle is that the co-ownership regulations may not impose any restrictions on the rights of co-owners other than those justified by the purpose of the building. Destination " is a vague concept that corresponds to "the purpose for which the building was designed".
The purpose of a building may be set out in the co-ownership regulations. Otherwise, the purpose may also be determined by the characteristics of the building (standing, social status, etc.) and its location (neighbourhood, surroundings, etc.).
It is therefore always important for potential buyers to be informed of the purpose stipulated in the regulations and the constraints it places on the rights of co-owners.
In accordance with the purpose of the building, the co-ownership regulations may limit the rights of co-owners to their own lots. Here are some of the clauses often found in regulations:
Clause determining the nature of the lots
The co-ownership regulations (or even the SDA) give each lot a designation (flat, cellar, shop, ....). This information is not in itself a constraint for co-owners.
However, it may become one if the owner wishes to change the nature of the lot (for example, changing a cellar into an office).
This raises the question of whether such a change is possible.
If not specified in the co-ownership regulations, it will be possible provided that the new use is not contrary to the general purpose of the building and does not affect the rights of the other co-owners. For example, in a building used for residential purposes, it is acceptable to convert an attic, offices, a workshop used as a shed, etc. into accommodation, provided that this change does not adversely affect the other co-owners. On the other hand, it will not be possible to convert a lot used for residential purposes to another use (e.g. commercial) if it is part of a building used exclusively for residential purposes.
However, you should always refer to the co-ownership regulations, which may provide for such conversions and authorise or prohibit them. In such cases, you must comply with these rules. Otherwise, you are strongly advised to seek prior authorisation from the general meeting.
Dwelling or occupancy clause
An exclusive occupancy clause prohibits the use of the private areas for any professional or commercial activity. On the other hand, a clause d'habitation bourgeoise simple allows a professional activity to be carried out, usually in the liberal professions. So when a self-employed professional wishes to acquire a flat to use for his or her business, it is advisable to check the co-ownership regulations and, if there is a clause d'habitation bourgeoise, check whether it is simple or exclusive.
Clauses restricting the right to rent
The purpose of the building may justify clauses restricting the right to let lots, for example: prohibiting the division of a lot for the purpose of letting it, or prohibiting the letting of a service room to people from outside the co-ownership. The purpose of the building may also justify prohibiting certain types of letting, such as furnished letting, as this type of letting leads to a more frequent movement of tenants and a certain instability within the co-ownership.
Clauses restricting the right to sell a co-ownership lot
In some co-ownerships, it may be forbidden to sell certain lots separately. This prohibition may be justified in a small co-ownership, where the sale of service rooms independently of the main lot results in an increase in the number of co-owners, which upsets the balance of the co-ownership and goes against the spirit of a small co-ownership.
In addition, case law considers that a clause imposing a preferential right in favour of the other co-owners in the event of the sale of a lot is irregular. Only a preferential agreement on the sale of a lot used as a parking space is lawful.
Clauses prohibiting the combination or division of a lot
Once again, these clauses must be justified by the purpose of the building.
The co-ownership regulations may provide for many other restrictions on a co-owner's right to use his or her lot (e.g. prohibiting hanging laundry on balconies, barbecues on terraces, etc.). It is therefore always important for potential buyers to be in possession of the co-ownership regulations.