Knowing your rights and obligations as a co-owner will help you stay on good terms with your neighbours. BIV Immobilier, your go-to estate agency in Liège, sets them out in this article.
Co-ownership in Belgium
Co-ownership, as defined by the Belgian Civil Code, means that several people hold property rights over the same property, which comprises both private and common parts.
The private parts are those you own exclusively, such as your flat, and the common parts are the spaces shared with the other co-owners, such as corridors, the lift or a garden.
Your obligations as a co-owner
1. Contribute to the co-ownership charges
Co-ownership charges cover various costs: maintenance of the common areas, building insurance, services such as cleaning and gardening, lift costs, etc. Each co-owner must pay their share, which is determined by the share of ownership attached to their unit (the quotités). Failure to pay these charges can lead to penalties and legal proceedings.
2. Contribute to the upkeep of the common parts
Maintaining the general condition of the common parts contributes to the comfort of all residents. By living in a co-ownership, you undertake to contribute to the cost of maintenance work and to report any malfunction, such as leaks or damage. You can of course take an active part in decisions on repairs and improvements to be made.
3. Comply with the basic deed and the co-ownership regulations
The co-ownership regulations set out the rules for living together, while the basic deed (acte de base) describes the structure of the co-ownership. Together, they define your rights and obligations. These documents may include certain prohibitions in the common parts (e.g. using the lift for house moves) or lay down rules for communal living regarding noise, cleanliness, waste management, parking rules, etc. Ignoring these rules can lead to conflicts between you and the other co-owners.
4. Attend the co-owners’ general meetings
Good management of the co-ownership involves discussing and voting on matters such as the budget, the work to be carried out and changes to the co-ownership regulations. Make sure you take an active part in order to defend your interests and contribute to decision-making.
Contact the BIV Immobilier team in Liège to find out more about buying a property in co-ownership and the obligations that come with it.
Also read: The 10 mistakes to avoid when buying a property.
