Building Works in a French Copropriété: Voting Rules Explained

Living in a co-ownership property in France offers many advantages, but managing the common areas can quickly become a legal headache, especially when it comes to undertaking building works. Whether it is repainting the stairwell, replacing the communal boiler, or insulating the building from the outside, each project must follow a strict legislative path to be valid. In France, the Law of 10 July 1965 fixing the status of the copropriété (co-ownership of built buildings) precisely governs these decisions. Understanding the voting majority rules and the steps to follow is essential to avoid disputes between co-owners and to secure everyone's investments.

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Substantive Rules and the Different Voting Majorities

For building works to be legally voted on, they must be included on the agenda of an assemblée générale (AG - annual general meeting) of the co-owners. French law does not treat all works in the same way: the more substantial the works or the more they impact the structure of the building, the higher the required majority. The Law of 10 July 1965 (notably amended by the loi ALUR and the loi ÉLAN) distinguishes four main types of majorities.

The Simple Majority of Article 24: Routine Maintenance

The majority under Article 24 corresponds to the majority of the votes cast by the co-owners who are present, represented, or who voted by post during the general meeting. Absent owners or those who abstain are not taken into account in the calculation.

This majority concerns routine maintenance works and keeping the building in its current state of repair.

• Examples of works: Repairing a leak in a communal pipe, replacing a broken window pane in the lobby, refreshing paintwork, small accessibility works for people with reduced mobility (without modifying load-bearing structures).

The Absolute Majority of Article 25: Improvement and Energy-Saving Works

The majority under Article 25 is more demanding. It requires a majority of the votes of all the co-owners of the building (whether they are present, represented, voting by post, or absent). This is the majority of the tantièmes (share of co-ownership votes, often referred to as millièmes or thousandths) of the copropriété.

This majority concerns works that go beyond simple maintenance and bring a modification or improvement to the building.

• Examples of works: Global energy renovation (external thermal insulation), installing individual water meters, replacing the communal boiler with more efficient equipment, security works (installing a keypad lock or an intercom).
• *The Article 25-1 bridge (passerelle): If the proposed works obtain at least one-third (33.33%) of the votes of all co-owners during the vote, the assembly can immediately proceed to a second vote under the simple majority rule (Article 24). If the project obtains less than one-third of the votes, a new general meeting can be convened within 3 months* to vote by simple majority.

The Double Majority of Article 26: Major Transformations

The majority under Article 26 is a very strict, cumulative double condition. To be adopted, the decision must obtain:

1. The approval of the majority of the co-owners in number (the "heads").

2. These approving co-owners must represent at least two-thirds (66.66%) of the millièmes (the votes) of the copropriété.

This majority concerns important acts of disposal or structural modifications to the building.

• Examples of works: Raising the height of the building to create new apartments, constructing a new building in the communal courtyard, modifying the règlement de copropriété (co-ownership rules) regarding the destination/use of the building.

Unanimity: Modifications to Private Lots and the Destination of the Building

Unanimity requires the favorable vote of 100% of the co-owners of the building, without exception. It is extremely difficult to obtain and is reserved for decisions that affect the fundamental rights of the co-owners.

• Examples of works: Private works that would undermine the destination of the building (for example, transforming an exclusively residential building into commercial offices), or works directly impacting the enjoyment of a private lot without its owner's consent.

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Practical Step-by-Step Procedures

To successfully carry out a building works project in a copropriété, a rigorous process must be followed to guarantee the legal validity of the decision and avoid appeals for annulment.

1. Initiation and Project Study: The conseil syndical (co-ownership council) or an individual co-owner identifies a need for works. For complex projects (such as energy renovation), it is recommended to have a diagnostic technique global (DTG - global technical assessment) carried out or to appoint a project manager.

2. Request for Inclusion on the Agenda: The co-owner or the conseil syndical must send a request to include the question on the agenda to the syndic (property managing agent) by lettre recommandée avec accusé de réception (LRAR - registered letter with acknowledgement of receipt). This request must be accompanied by the quotes obtained (at least two comparative quotes for major works).

3. Convening the General Meeting: The syndic prepares the agenda and sends the convocation to all co-owners at least 21 days before the date of the meeting. Quotes and technical reports must be attached to this convocation.

4. Voting at the General Meeting: The co-owners debate and vote. The syndic drafts the procès-verbal (PV - minutes) of the general meeting, which records the voting results for each resolution.

5. Notification of the Minutes: The syndic notifies the PV of the general meeting to all opposing or defaulting (absent and unrepresented) co-owners by LRAR or via secure electronic delivery, within 1 month following the meeting.

6. Appeal Period and Launch of Works: Opposing or defaulting co-owners have a period of 2 months from the notification of the PV to contest the decision before the Tribunal judiciaire (Judicial Court). After this period, and except in emergencies, the works can begin and the calls for funds (appels de fonds) are launched.

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Deadlines, Amounts, and Key Figures to Remember

• 21 days: This is the minimum legal notice period for receiving the convocation to the general meeting before the date it is held (Article 9 of the Decree of 17 March 1967).
• 1 month: This is the maximum period the syndic has to send the minutes of the AG to the co-owners after the meeting.
• 2 months: This is the legal deadline to contest a decision of the general meeting before the Tribunal judiciaire (Article 42 of the Law of 10 July 1965).
• 3 months: This is the maximum period to convene a new AG if the Article 25-1 bridge was activated without an immediate second vote.
• 10 years: This is the duration of the garantie décennale (ten-year warranty) which covers major damage affecting the solidity of the construction or rendering it unfit for its intended purpose after the acceptance of the works.
• 2.5%: This is the minimum mandatory annual contribution to the fonds de travaux (sinking fund/works fund) of the copropriété, calculated on the provisional budget, for co-ownerships older than 15 years (loi Climat et Résilience).

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Concrete Examples of Cost Allocation and Voting

To better understand the financial and decision-making impact of these rules, let us look at two concrete scenarios.

Example 1: Facade Refurbishment with Thermal Insulation (Energy Renovation)

The "Les Bleuets" co-ownership consists of 50 apartments of equal size (each owner holds 200 millièmes out of a total of 10,000). The syndic proposes a facade refurbishment with external thermal insulation for a total amount of €150,000.

• Voting Rule: This project falls under the absolute majority of Article 25 (energy-saving works).
• The Vote: During the AG, 30 co-owners are present or represented. 26 vote "FOR" (representing 5,200 millièmes), 4 vote "AGAINST" (800 millièmes), and 20 are absent (4,000 millièmes).
• Result: The project obtains 5,200 millièmes out of 10,000. The absolute majority (5,001 millièmes) is reached. The works are approved.
• Financial Allocation: Marie owns a 3-room apartment representing 200 millièmes.
• Calculation of her share: $(€150,000 \times 200) / 10,000 = €3,000$.
• Marie will have to pay €3,000 for these works, spread according to the payment schedule voted on during the AG.

Example 2: Emergency Replacement of the Communal Boiler in the Middle of Winter

In the middle of January, the communal boiler of the "Le Belvédère" co-ownership breaks down permanently. The cost of a like-for-like replacement amounts to €25,000.

• Voting Rule: In the event of an absolute emergency threatening the preservation of the building or the health of its occupants, the syndic can decide on their own to order the necessary works without a prior vote (Article 18 of the 1965 Law).
• The Procedure: The syndic immediately orders the works to restore heating. However, they must immediately convene an extraordinary AG to have these works ratified and to vote on the corresponding budget.
• The Ratification Vote: Ratification is decided by a simple majority under Article 24 (building maintenance).
• Financial Allocation: Jean owns a studio representing 50 millièmes in this co-ownership of 1,000 millièmes in total.
• Calculation of his share: $(€25,000 \times 50) / 1,000 = €1,250$.
• Jean will have to pay €1,250 for this urgent intervention.

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Mistakes to Avoid When Voting on Works

• Voting on works without precise quotes attached to the convocation: If the quotes were not sent at the same time as the convocation to the AG, the voting resolution can be annulled by a court due to a lack of information provided to the co-owners.
• Confusing simple majority (Article 24) and absolute majority (Article 25): Applying the wrong majority rule when counting votes is a frequent cause of annulment of general meeting decisions.
• Starting works before the end of the 2-month appeal period: Except in proven emergencies, starting works before the expiration of the appeal period for opposing co-owners exposes the copropriété to major complications if an appeal is indeed filed.
• Neglecting to obtain competitive bids from companies: The law requires the conseil syndical to set a financial threshold above which a competitive bidding process (presenting several quotes) is mandatory. Failing to respect this rule invalidates the procedure.

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Frequently Asked Questions (FAQ)

Can a co-owner carry out works on common areas at their own expense?

Yes, but they must obtain authorization from the general meeting. According to Article 25 b of the Law of 10 July 1965, these works (for example, installing an individual air conditioning unit where the compressor is placed on the communal facade) must be voted on by the absolute majority of the votes of all co-owners.

What is the mandatory works fund (fonds de travaux) and what is it used for?

The fonds de travaux is a mandatory financial reserve funded by an annual contribution from the co-owners. It is intended to anticipate the financing of energy renovation works, works prescribed by laws and regulations, and maintenance works outside the provisional budget. The sums paid into this fund are attached to the lot and are not refunded to the seller when they sell their apartment.

What happens if I cannot pay my share of the building works?

If a co-owner does not pay their works charges, the syndic can initiate recovery proceedings. After a formal notice (mise en demeure) remains unsuccessful for 30 days, the syndic can take the matter to the Tribunal judiciaire to obtain a judgment against the defaulting co-owner, which can lead to the seizure and forced sale of the property.

Can I vote by post if I cannot attend the general meeting?

Yes, since the loi ÉLAN, voting by post is fully authorized in co-ownerships. A standardized postal voting form must be attached to the convocation of the general meeting. It must be returned to the syndic at least 3 clear days (jours francs) before the date of the meeting to be taken into account.

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Summary

• Simple Majority (Article 24): Concerns routine maintenance and requires a majority of the votes of the co-owners present, represented, or voting by post.
• Absolute Majority (Article 25): Concerns improvement and energy renovation works, requiring a majority of the votes of the total millièmes of the copropriété.
• Double Majority (Article 26): Requires a majority of the co-owners in number representing at least two-thirds of the millièmes, for structural modifications.
• 2-Month Appeal Period: This is the time allowed for opposing or absent co-owners to contest a vote before the Tribunal judiciaire from the notification of the minutes.
• *Works Fund (Fonds de travaux): A mandatory collective savings scheme (minimum 2.5%* of the budget) to anticipate the financing of future building projects.

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