What documents must buyers of condominium lots receive?

Documents relating to the organization of the building to be provided to the purchaser of a co-ownership lot

The purpose of these documents is to inform the purchaser of a co-ownership lot about the structure and operation of the co-ownership:

• The co-ownership summary sheet is a mandatory requirement, the content of which will be specified by a forthcoming decree. It provides an overview of the main financial and technical data concerning the co-ownership.
  
  
• The condominium bylaws and the descriptive statement of division, as well as all published deeds amending them.
  
  
• Minutes of general meetings held over the past three years, providing the buyer with information on decisions taken by the co-ownership, in particular on future works or disputes.
  

Documents relating to the financial situation of the co-ownership and the selling co-owner

These documents enable you to assess the charges associated with the condominium lot and its financial health:

• The amounts of the projected budget and non-projected budget charges paid by the seller over the last two financial years.
  
  
• Any debts: sums still owed by the seller to the syndicat des copropriétaires or those which will be charged to the buyer (except for co-ownerships with fewer than ten lots and an annual budget of less than €15,000).
  
  
• The global statement of unpaid debts within the co-ownership and debts to suppliers.
  
  
• The works fund: if the co-ownership has such a fund, the amount of the share attached to the lot sold must be communicated, as well as the last contribution paid.

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Documents relating to the condition of the property and the building to be given to the buyer of a co-ownership lot

These documents provide details on the maintenance and technical condition of the building:

• Carnet d'entretien de l'immeuble, a document that centralizes information on work carried out or to be carried out.
  
  
• The Loi Carrez surface area certificate, certifying the private surface area of the lot sold.
  
  
• An information leaflet explaining the rights and obligations of co-owners and how the syndicat operates. Its content will be set by decree.
  
  
• A comprehensive technical diagnosis (DTG) and, where applicable, a multi-year works plan, giving an idea of the major works planned for the medium or long term.
  

How to send these documents to the buyer of a condominium lot

These documents can be delivered to the buyer in several formats: in hard copy, on a USB key, by e-mail or via a secure download site. In all cases, the buyer must explicitly accept the chosen method of transmission.

Good to know

The condominium manager plays a key role in obtaining the documents. It is obliged to provide real estate agents and notaries with the necessary information, such as the summary sheet, the amounts of charges, or theoverall statement of outstanding payments. Good coordination between the parties ensures a smooth, legally compliant transaction.

The purpose of this set of documents is to protect both parties by providing clarity and transparency. For a buyer, they enable a better assessment of the investment, not only for the property itself, but also for the co-ownership to which it will be linked.

By working with a property hunter for your search, you'll benefit from his expertise in co-ownership matters. He or she will analyze the various documents on your behalf to provide you with an overview of the co-ownership's health.

Don't hesitate to ask your notary to give you an update once all the co-ownershipdocuments have been collated, so that he can give you his opinion.

What happens if I don't have all the documents when I sign the preliminary contract?

The absence of obligatory documents when signing a preliminary contract (compromis or promesse de vente) has legal consequences for the transaction:

Extension of the buyer's cooling-off period

If the obligatory documents are not provided in full when the preliminary contract is signed, the buyer's withdrawal period is automatically extended. This period, initially set at 10 days, only begins to run once the missing documents have been delivered in full. This gives the purchaser the option of withdrawing without penalty once he or she has received the missing information.

Possibility of cancelling the sale

In the most serious cases, a prolonged or deliberate absence of important documents may justify outright cancellation of the sale. This could happen, for example, if the buyer discovers, after the fact, information that would have influenced his or her decision to buy (e.g., major works to come or a poor financial situation of the co-ownership).

Responsibility of the seller and the syndic

The seller is responsible for providing these documents, often with the help of the condominium manager. If the latter fails to transmit the necessary information on time, the seller could find himself in a position of non-compliance, which could delay or compromise the transaction. In some cases, the syndic may be held liable for failure to transmit the required documents.

Delay in signing the final deed of sale

The absence of documents at the pre-contract stage can also lead to delays in signing the final deedat the notary's office. Missing documents will have to be collected before the sale can be finalized, which can lengthen the process and cause frustration for both parties.

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How to avoid these problems?

- Anticipation: the seller must collect all documents before the property is put up for sale. Working with a responsive syndic is a major asset.

- Verification: real estate agents or notaries involved in the sale play a key role in ensuring that all the required documents are in place prior to signature.

- Clear communication: good communication between the seller, the buyer and the professionals overseeing the transaction is essential to avoid misunderstandings and delays.

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Thorough preparation ensures a smooth and secure sale, to the satisfaction of all parties involved.