What checks should you make before buying in a co-ownership?
Before buying in a co-ownership, examine the co-ownership bylaws, the minutes of the latest meetings, the amount of the charges, the works fund, any works voted and unpaid amounts, as well as the mandatory surveys. The ALUR Act requires these documents to be provided to the buyer.
The documents the seller must provide (ALUR Act)
Since the ALUR Act of 2014, the sale of a co-ownership lot is accompanied by the mandatory provision to the buyer of a set of documents, from the preliminary contract for most of them (Article L.721-2 of the French Construction and Housing Code). Their absence can start or postpone the cooling-off period. Read them carefully: they reveal the building's financial and technical health.
- The co-ownership bylaws and the descriptive statement of division, with their amendments
- The minutes of the general meetings of recent years (often the last three)
- The amount of the regular charges of the forecast budget and the charges outside the budget paid by the seller
- The sums that may remain owed to the co-ownership union by the seller and the sums that will be owed by the buyer
- The overall status of unpaid charges within the union and the debt owed to suppliers
- The amount of the works-fund share attached to the lot and the building's maintenance logbook
What to check in these documents
The general-meeting minutes are a mine of information: they indicate the works voted (which you may have to finance), the works envisaged, ongoing disputes, recovery difficulties and the atmosphere of the co-ownership.
Analyze the trajectory of the charges and the existence of a sufficient works fund. An old building with low charges and an empty fund can conceal heavy expenses to come (facade renovation, roof, elevator, compliance upgrades).
- Works voted but not yet called: who pays, seller or buyer, depending on the due date?
- Level of the works fund and existence of a multi-year works plan (PPT) for the co-ownerships concerned
- Overall unpaid rate: a high rate of unpaid charges weakens the co-ownership
- Ongoing legal proceedings mentioned in the minutes
- Consistency of the charges with the surface area and the amenities (elevator, collective heating, caretaker)
The surveys and the building's condition
The technical survey file (DDT) must be attached to the preliminary contract. Its content depends on the property's age and location. Some surveys concern the private lot, others the building.
Also check the collective surveys. A global technical survey (DTG) may have been carried out, and the co-ownerships concerned must draw up a multi-year works plan: these documents shed light on the structural condition and the scheduled expenses.
- Energy performance certificate (DPE) of the home
- Lead-exposure-risk report (CREP) for buildings from before 1949
- Asbestos statement / asbestos technical file (DTA) for permits prior to 1 July 1997
- Statement of the interior electricity and gas installation over 15 years old
- Natural-risk statement (natural, mining, technological, radon depending on the zone)
- Global technical survey (DTG) and multi-year works plan (PPT) of the co-ownership, where applicable
Frequently asked questions
What is the pre-dated statement?
It is a document provided to the buyer before signing the sale agreement, informing them of their future financial situation within the co-ownership: charges, works fund, sums owed. It differs from the dated statement, drawn up by the managing agent at the time of the final sale at the notary's office.
Who pays for works voted before the sale?
In principle, the allocation depends on the due date of the fund calls set by the meeting. The law provides a legal principle of allocation between seller and buyer, but it can be adjusted in the deed of sale. Have this point set out in black and white in the sale agreement.
How do you know if a co-ownership is in difficulty?
Examine the unpaid rate, the state of the works fund, the minutes (proceedings, postponed works) and the national co-ownership register. A heavily indebted co-ownership or one under provisional administration is a major warning sign before buying.
Is the works fund mandatory?
Yes, a works fund is in principle mandatory in most co-ownerships partly or wholly used for residential purposes. On sale, the share already paid by the seller remains acquired by the co-ownership union: it is not refunded to you but benefits the co-ownership.
Read next
- Loi n° 65-557 du 10 juillet 1965 (statut de la copropriété) (Légifrance)
- Loi ALUR n° 2014-366 du 24 mars 2014 (Légifrance)
- Code de la construction et de l'habitation, article L721-2 (documents remis) (Légifrance)
- Code de la construction et de l'habitation, articles L731-1 et suivants (DTG) (Légifrance)
- Service-Public.fr - Achat d'un logement en copropriété : documents remis
- ADIL - Vérifications avant d'acheter en copropriété
A question about your plans?
Realistic price, order of the steps, agency fees on a sale. Book a video call with a BRIVEO adviser, free and with no commitment.
Talk to a property adviser