Co-ownership regulations and rental lease
Co-ownership regulations and rental lease
Content of the co-ownership regulations
The co-ownership regulations (or internal rules of procedure) supplement the deed of division and set out the rules for communal living in the building.
Structure of the regulations
| Part | Content | Relevant to the tenant |
|---|---|---|
| Deed of division | Description of units, shares | No |
| Co-ownership regulations | Rules of ownership, GA, building manager | Partially |
| Internal rules of procedure | Daily use rules | Yes |
Typical use rules
- Noise and works hours
- Use of common areas (lobby, stairs, parking)
- Parking rules
- Waste management and sorting
- Pets
- Access to cellars and attics
- Signage and displays
- Moving (hours, lift)
For the general framework, see our guide on co-ownership and renting.
Transmission to the tenant
Landlord’s obligation
The landlord must transmit the extracts of the regulations relating to use to the tenant before the lease is signed. This transmission is a legal obligation.
What to transmit
| To transmit | Not to transmit |
|---|---|
| Internal rules of procedure | Full deed of division |
| Common area use rules | Ownership shares |
| Noise hours | Co-ownership accounts |
| Parking rules | General assembly minutes |
| Pet rules | Co-owners’ debts |
How to transmit
- Annex the relevant extracts to the lease
- Provide a copy of the internal rules of procedure
- Have an acknowledgement of receipt signed
- State in the lease that the tenant has reviewed the regulations
Enforceability and sanctions
Rules enforceable against the tenant
The tenant is bound to respect the use rules that were transmitted. If the landlord did not transmit the regulations, the landlord cannot blame the tenant for not respecting them.
In case of non-compliance by the tenant
- The building manager reports the issue to the landlord
- The landlord reminds the tenant of the rules (in writing)
- In case of repeat offence, formal notice by registered letter
- As a last resort, application to the justice of the peace for breach of the lease
In case of amended regulations
If the general assembly amends the rules of use, the landlord must transmit the new rules to the tenant. The tenant is bound to respect reasonable amendments.
The co-ownership regulations cannot contain clauses contrary to the law: total ban on renting, absolute ban on pets, discrimination. Such clauses are void and unenforceable.
Practical advice
For the landlord
- Re-read the regulations before each new letting
- Prepare a clear and up-to-date extract for the tenant
- Annex it to the lease and have an acknowledgement of receipt signed
- Inform the tenant of each amendment
For the tenant
- Read the regulations before signing the lease
- Keep your copy of the regulations
- Report to the landlord if any rules seem unfair
- Respect the use rules to avoid conflicts
To formalise all these clauses, use our online lease generator. Manage your documents with a rental management software.