The syndic in France: role, contract and fees

What does the syndic do?

Article 18 of the 1965 Act gives it the following duties among others: enforcing the règlement de copropriété (building regulations) and the general meeting’s decisions, administering the building and, in an emergency, having the works needed to safeguard it carried out on its own initiative, representing the syndicat (the owners’ association) in court, keeping the carnet d’entretien (maintenance log), registering the syndicat and keeping the archives.

On the money side, it draws up the budget prévisionnel (annual budget) in consultation with the conseil syndical (owners’ committee), keeps separate accounts and must open a separate bank account in the syndicat’s name, plus an interest-bearing account for the works fund. Otherwise, its mandate is automatically void three months after its appointment (art. 18, II). A professional syndic must also provide secure online access to documents, unless the general meeting decides otherwise by the article 25 majority.

Service-public.gouv.fr sets out the three conditions for practising professionally: a professional licence bearing the words “syndic de copropriété” issued by the CCI (chamber of commerce and industry), a financial guarantee and professional liability insurance. The syndic may also be a non-professional co-owner, acting voluntarily or as a cooperative.

Appointment, term and standard contract

The syndic is appointed, and its contract approved, by a single decision voted by the article 25 majority (decree, art. 29). If no candidate achieves this but one obtains at least one third of the votes of all co-owners, the meeting immediately holds a second vote by the article 24 majority (Act, art. 25-1). The term of office cannot exceed three years, renewable; it is limited to one year where the syndic or its relatives took part in constructing the building, during the periods set out in article 1792-4-1 of the code civil (Civil Code) (decree, art. 28).

The contract must follow the standard contract and come with an information sheet on price and services; a breach is liable to an administrative fine of up to €3,000 for an individual and €15,000 for a company (Act, art. 18-1 A).

Competitive tendering

Before the meeting called to appoint a professional syndic, the owners’ committee puts several draft contracts, drawn up on the standard contract, out to competition (Act, art. 21). The meeting can waive this by the article 25 majority, with the request entered on the agenda of the previous meeting. Without an owners’ committee, competitive tendering is not compulsory. In all cases, any co-owner may have the examination of draft contracts they send to the syndic put on the agenda.

Service-public.gouv.fr stresses a practical point: the draft contracts must be attached to the notice of meeting. Appointing a syndic whose contract was not attached exposes the decision to challenge by an absent or opposing co-owner.

Fees: flat fee, extra services, caps

The flat fee. Remuneration for the syndic’s role “is determined on a flat-rate basis” (Act, art. 18-1 A, I). Service-public.gouv.fr includes in it in particular the ordinary general meeting, calls for funds, accounting, archives and the extranet. Without a written contract, the syndic is not entitled to any remuneration.

Extra services. Only those in annex 2 of the 1967 decree give rise to additional remuneration: extra meetings or visits, handling insurance claims, disputes other than charge recovery, taking over the accounts on a change of syndic, initial registration, loan or grant applications, etc. Service-public.gouv.fr specifies that they are billed at the hourly rate set in the contract or at an agreed price per service.

Works. Fees for overseeing works voted outside the budget are adopted at the same meeting as the works, by the same majority, and expressed as a percentage of the amount excluding VAT, at a sliding rate (Act, art. 18-1 A, III). Routine maintenance remains within the flat fee.

The caps. The costs of the état daté, the document the syndic draws up when a lot is sold, “may not exceed an amount set by decree” (Act, art. 10-1): €380 inc. VAT, according to decree no. 2020-153 of 21 February 2020 reproduced under the article on Légifrance. They are chargeable only to the co-owner concerned by the sale (art. 10-1, b). Another safeguard: if the syndic has not sent the owners’ committee the documents requested after more than a month, €15 per day of delay is deducted from its annual flat fee (service-public.gouv.fr).

Changing syndic

To not renew a contract, the meeting that appoints the successor is held within the three months before the end date; the contract ends without compensation, at the earliest one clear day after the meeting (Act, art. 18, VII). The outgoing syndic hands over the statement of the cash position and the bank account details (the funds stay in the account held in the owners’ association’s name) within fifteen days, the archives within one month, and the statement of accounts after closing within two months (art. 18-2).

Which professional to consult

Before signing, check the syndic’s professional licence (bearing “syndic de copropriété”, issued by the CCI), its financial guarantee and its professional liability insurance: the syndic must make them available to the owners’ committee (service-public.gouv.fr). The agent immobilier (estate agent) values the lot if you sell. When buying a lot, the notaire (notary) requests the état daté and analyses the minutes of meetings. For voting rules, see our guide on the assemblée générale de copropriété (owners’ general meeting).