Small co-ownership in France: simplified rules, decisions

Which co-ownerships are covered?

Two alternative criteria bring a co-ownership within the regime (art. 41-8):

Ancillary lots, such as cellars or parking spaces, are not counted for the first criterion (anil.org). Meeting either one is enough: a building of eight homes whose average budget stays under €15,000 is a small co-ownership.

These rules were introduced by the ordonnance (government order) of 30 October 2019 and the décret (decree) of 2 July 2020, issued under the ELAN Act (anil.org).

What remains compulsory

The general rules continue to apply. A small co-ownership must in particular have a règlement de copropriété (building regulations), be managed by a syndic, professional or not, and draw up an annual budget for running and routine maintenance costs (anil.org). The syndic is appointed as elsewhere, by the article 25 majority (service-public.gouv.fr, F2608), for three years at most (decree of 17 March 1967, art. 28). If non-professional, it must be a co-owner in the building (Act, art. 17-2).

The general meeting has not disappeared: it must still be called to vote the annual budget and approve the accounts (service-public.gouv.fr, F2615). The ANIL (the national housing information agency) specifies that it is held at least once a year. For these two decisions, the ordinary rules on notice and majorities apply; they are set out in our guide on the assemblée générale (owners’ general meeting).

Deciding without a general meeting

For all other questions, article 41-12 makes it possible to do without a meeting:

• the decision is taken by unanimous vote of the co-owners;
• it goes through a written consultation, or a meeting of the co-owners;
• the consultation is organised by the syndic, on its own initiative or at the request of a co-owner;
• in the case of a written consultation, the decision is formalised at the end of the period set by the syndic for replies.

A single opposing co-owner is therefore enough to rule out this route.

Lighter owners’ committee and accounts

The owners’ committee is optional. By way of exception to articles 21 and 17-1, the syndicat (the owners’ association) is not required to set one up (art. 41-9). Service-public.gouv.fr lists small co-ownerships among the three cases where the committee may not exist (F2610). The committee’s role, where there is one, is described in our guide conseil syndical (owners’ committee).

Cooperative form without an owners’ committee. If the syndicat has adopted the cooperative form without setting up a committee, the general meeting appoints the syndic from among its members, by the majority of the votes of all co-owners, and may appoint a deputy. It also appoints one or more persons to audit the accounts. If the syndic is unable to act or defaults in a way that endangers the preservation of the building or the health or safety of the occupants, each co-owner may call an extraordinary general meeting (art. 41-11).

The accounts. In principle, the syndicat’s charges and income are recorded as soon as they are legally committed, regardless of payment (art. 14-3). A small co-ownership is not required to keep double-entry accounts, and its commitments can be recorded at the end of the financial year (art. 41-10). These simplified accounts remain subject to approval by the general meeting, which must still be called for this decision (F2615).

Co-ownerships with two owners

Where the votes are split between two co-owners, further exceptions apply (art. 41-13):

• the co-owner holding more than half the votes can alone take the decisions requiring a majority of the votes cast, and appoint the syndic (art. 41-16);
• each can take the measures needed to preserve the building, even without urgency (art. 41-16);
• the two co-owners can meet without prior notice, and each can call the other by notifying the agenda (art. 41-18);
• if the non-professional syndic has a conflict of interest, the co-owner who is not syndic can sue the other for payment of service-charge instalments; if there is no syndic or it defaults, each can do so (art. 41-15);
• a decision taken by one can be challenged by the other within two months of its notification; except in an emergency, its implementation is suspended during that period (art. 41-19).

Which professional to consult

To buy a lot in a small co-ownership, the notaire (notary) checks the building regulations and the decisions taken, including those adopted by written consultation. The agent immobilier (estate agent) gathers with the seller the documents to be given to the buyer no later than the promesse (preliminary sale contract): regulations, minutes of the last three general meetings, financial information (code de la construction et de l’habitation (Construction and Housing Code), art. L721-2).