How are co-ownership charges allocated?
Co-ownership charges are allocated according to two categories defined by the Act of 10 July 1965: general charges (preservation, maintenance, administration of the common areas), proportional to the shares of each lot, and special charges (collective services and common equipment), allocated according to the objective usefulness to each lot.
The two main categories of charges
Article 10 of the Act of 10 July 1965 distinguishes two types of charges. General charges concern the preservation, maintenance and administration of the common areas: they are allocated in proportion to the shares of common areas (the shares, in tantièmes or thousandths) attached to each lot.
Special charges are linked to collective services and common equipment items (lift, collective heating, hot water, etc.). They are allocated according to the objective usefulness that these services and equipment items present for each lot, regardless of its actual use. A ground-floor co-owner may thus be exempt from lift charges if the by-laws so provide.
- General charges: allocated according to the shares (co-ownership shares of the common areas)
- Special charges: allocated according to the objective usefulness of the equipment or service to the lot
- The allocation compulsorily appears in the statement of charge allocation annexed to the co-ownership by-laws
The role of the co-ownership by-laws
The co-ownership by-laws (règlement de copropriété) set out the allocation of charges in their statement of allocation. It is a contractual document that binds all co-owners, present and future. The exact amount each co-owner must pay results from applying the allocation keys to a budget voted at the general meeting.
The share of each lot in the common areas is in principle determined according to the makeup, the surface area and the situation of the lots, without regard to their use. This basis serves to allocate the general charges.
Challenging and modifying the allocation
The allocation of charges is not permanently fixed. A co-owner can request a judicial revision of the allocation where the charge share of a lot is more than one quarter higher, or more than one quarter lower, than that which would result from an allocation compliant with the law. This action is framed by Article 12 of the 1965 Act.
Any allocation clause contrary to the mandatory rules of Article 10 is deemed unwritten. Voluntary modification of the allocation of charges falls to the general meeting and requires high majorities, the allocation being an essential element of the co-ownership by-laws.
Frequently asked questions
What are tantièmes or thousandths?
The shares (tantièmes, often expressed in thousandths) represent the share of each lot in the common areas of the co-ownership. They serve as the basis for allocating general charges and also determine the number of votes of each co-owner at the general meeting.
Can you be exempted from certain charges?
Yes, for special charges linked to collective equipment and services. A co-owner whose lot draws no objective usefulness from an equipment item (for example a commercial premises with no access to the lift) may not contribute to it if the by-laws so provide. General charges, on the other hand, concern all co-owners.
Where can I find the allocation of charges for my lot?
It appears in the statement of charge allocation annexed to the co-ownership by-laws, which indicates the shares of each lot and the keys applicable to each category of charges. The managing agent can provide you with a copy.
Read next
- Légifrance : Loi n° 65-557 du 10 juillet 1965, articles 10, 10-1 et 12
- Légifrance : Décret n° 67-223 du 17 mars 1967
- Service-Public.fr : Charges de 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