Buying a flat in a French co-ownership: what to check

The documents the law requires the seller to provide

Article L721-2 of the CCH lists what must be appended to the preliminary sale contract for a residential lot. Service-public.gouv.fr (F37190) sets it out in detail.

Organisation and running of the co-ownership:

• the summary sheet (fiche synthétique): organisation, running, technical and financial characteristics;
• the co-ownership rules and the état descriptif de division (division schedule), with their registered amending deeds;
• the minutes of the general meetings of the last 3 years;
• the building’s maintenance log;
• the conclusions of the diagnostic technique global (DTG, overall technical survey of the building), if there is one;
• the adopted multi-year works plan (plan pluriannuel de travaux) or, failing that, its draft;
• an information notice on the rights and obligations of co-owners.

Financial position:

• the current charges under the budget prévisionnel (annual budget) and the charges outside the budget paid by the seller over the 2 financial years preceding the sale;
• the share of the works fund (fonds de travaux) attached to the lot and the last contribution paid, if there is one;
• any sums you might owe the syndicat (owners’ association), such as a cash advance;
• the overall statement of unpaid charges owed to the syndicat and of its debt to suppliers.

If you are already a co-owner in the building, you receive only the financial information and the survey file (F37190). Article L721-2 also excludes ancillary lots (cellar, parking).

The suspended cooling-off period

The buyer’s cooling-off period is 10 days (F37190). It starts only once seven documents have been handed over: the summary sheet, the rules and the division schedule, the minutes of the general meetings of the last 3 years, the charges for the last two financial years, the share of the works fund, the sums owed to the syndicat and the overall statement of arrears. If they are missing, the period starts on the day after they are provided (art. L721-3; F37190). So check the list before you sign: it is your best protection.

What to look for in each document

General meeting minutes. They reveal works that have been voted, which may lead to calls for funds after your purchase. They also show projects that have been postponed and tensions with the syndic (building manager). After the sale, provisions outside the annual budget, such as improvement works, are owed by whoever is the co-owner when they fall due (F37190). So negotiate in the deed who will bear works already voted. Be careful: this agreement binds seller and buyer, but not the syndic (F37190).

The maintenance log. The syndic must draw it up and keep it up to date (loi (Act) of 10 July 1965, art. 18). At a minimum it records the address, the identity of the syndic and the insurance policies. It also states the year of major works (façade renovation, roof, lift, boiler) and the firms that carried them out, the current maintenance contracts and the works in the multi-year plan with their schedule (service-public.gouv.fr, F2665). An old façade renovation or a roof that has never been redone signals expenditure ahead.

The DTG and the multi-year works plan. The DTG assesses the condition of the building and lists the works needed over the next 10 years, with a rough estimate of their cost (F32059). If it foresees none over that period, the co-ownership is exempt from the multi-year plan.

The summary sheet and the statement of arrears. A high rate of unpaid charges weighs on the syndicat’s cash flow. The sale listing itself must mention any proceedings linked to the co-ownership’s financial difficulties (F37190).

Charges and ongoing proceedings

The état daté (statement of account for a sale), drawn up by the syndic alone and sent to the notaire (notary) before the sale, states three amounts: sums owed by the seller to the syndicat, sums owed by the syndicat to the seller, and sums that will be payable by you (F37294). Appended to it are the lot’s charges and works over the last 2 financial years and “the subject and status of legal proceedings” under way in the co-ownership. Its cost is capped at €380 inc. VAT, billed to the seller (F37294).

The syndic also sends the notary a certificate less than 1 month old confirming that you owe nothing to the co-ownership (F37190). If the seller has arrears, the syndic can lodge an objection (opposition) to the payment of the price within 15 days of the notice of transfer (F2590).

For charges, remember the rule: the seller pays the provision under the annual budget that has fallen due. Adjustments are for whoever is the co-owner on the date the accounts are approved (F37190).

Which professional to consult

The appointed agent immobilier (estate agent) often gathers the co-ownership documents on the seller’s behalf. The notaire (notary) requests the état daté from the syndic and drafts the deed. The diagnostiqueur (property surveyor) prepares the survey file for the private part, and the courtier en crédit (mortgage broker) factors the charges and voted works into your financing plan. To go further, read our guides on charges de copropriété (service charges) and the assemblée générale de copropriété (owners’ general meeting).