The situation referred to here is where a co-owner wishes toacquire common areas in order to convert them into private areas. This is the case, for example, where a co-owner wishes to convert a common area into a flat.
This operation requires :
- a decision by thegeneral meeting of co-owners
- an amendment to thedescription of the division and the co-ownership regulations
- a deed of sale.
Prior to the decision by the general meeting, the co-owner wishing to purchase the common areas must ask a notary to draw up the draft deeds of amendment to the descriptive inventory of divisions and the co-ownership regulations. All co-owners must be notified of these drafts prior to the general meeting. The essential terms and conditions of the contract of sale (the sale price, payment terms, etc.) must also be notified.
Majority rules for the general meeting
In principle, the sale of a common area is decided by a majority as set out in Article 26, i.e. a 2/3 majority. However, when the transfer affects the purpose of the building or the rights of enjoyment of the private portions, the decision must be taken unanimously.
In addition, it is not uncommon for the transformation of common areas into private areas to require work affecting the common areas. This is the case, for example, when the co-ownership transfers an attic space that needs to be joined to the flat on the floor below to form a duplex. Some work will need to be carried out to join the attic to the flat, create a staircase and possibly a velux window in the roof.
In addition to any planning permission that may need to be obtained, any such work affecting the common areas or external appearance must, in principle, be authorised by a majority vote under article 25: a majority of the votes of all the co-owners (regardless of whether or not they are present at the meeting).
Notarial deeds
Once authorisation has been obtained, the parties must then approach the notary to sign the deeds:
* the amendment to the descriptive statement of division: this deed creates a new lot in which it will be necessary to designate the new private portions and the proportion of the common portions attached. This deed will also be used to amend the common area percentages for all the co-owners following the change to the common areas.
* Amendment of the co-ownership regulations: the schedule of charges, the description of private and common areas, etc. will need to be amended.
* Signature of thedeed of sale.