You can freely carry out works in your home if they do not impact the common areas: parts of buildings (corridors, boiler, pipe, railings, etc.) and grounds (gardens, parks, etc.) allocated to the use or utility of all co-owners, or the exterior appearance of the building. If there is an impact, the agreement of the co-owners is then necessary. In some cases, you need to get permission from the Town Hall. Court action is possible if you have conducted works without obtaining the agreement of the co-owners when this was required.
Distinction between private works and works affecting a common area
You can carry out works in your home provided this does not impact the common areas. Inside your building, the areas that are considered common areas are:
- The structure of the building (supporting structure of the building);
- Lengths of pipes that pass through the residential properties;
- Trunking, ducts and chimney heads.
In this context, the agreement of the co-owners is imposed by an absolute majority vote, especially if your work impacts a load-bearing wall (for example, removal of the wall or creation of a door).
The absolute majority (referred to as the majority of Article 25) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).
The agreement of the co-owners is also imposed if your work requires affects a chimney duct or piping that supplies the entire co-owned building.
Apart from these cases, most works can be carried out without the authorisation of the co-owners in a general meeting. For example:
- Installation of a bathroom or a kitchen (fitted kitchen, installation of a shower, a bath, etc.);
- Adaptation of the accommodation for a disability (change a bath for a shower, etc.);
- Removal of one or more partition walls (excluding load-bearing walls) or creation of partitions to make an additional room;
- Interior insulation;
- Installation of a mezzanine integrated into the existing space;
- Painting, wallpapering;
- Installation of floor coverings (parquet, carpet, lino, etc.).
Work modifying the exterior appearance of the building
If the work you are considering in your home changes the exterior appearance of the building, a vote of the co-owners is necessary to have these validated by an absolute majority.
This is especially the case if you want to do the following:
- Create openings in attics (velux, dormers, etc.);
- Create a veranda;
- Close a balcony;
- Install shutters or bars on windows;
- Change the original colour of the shutters;
- Erect buildings in a courtyard or a private garden (annexe, veranda, etc.).
In some cases, works that have obtained the agreement of the co-owners also require an urban planning authorisation.
Examples include the following:
- Changing windows (except for repair or identical replacement work);
- Creation of an opening overlooking the outside (round window, other window, velux, etc.);
- Changing the colour of the shutters or windows;
- Installation of shutters or bars on windows.
Work carried out illegally
Work carried out in the absence of a vote by the co-owners when necessary is illegal.
The co-owners may apply to the court to request, for example, the return of the dwelling to its original state at the expense of the co-owner who conducted the illegal work. This remedy can be exercised for 10 years.