Modification of common areas and lease
Modification of common areas and lease
Sommaire · 4 sections Reduire ▴
- 01 Legal framework
- 02 Impact on the lease
- 03 Tenant's rights
- 04 In practice
Legal framework
Common areas of a co-ownership (corridors, roof, facade, lift, garden) are managed collectively by the general assembly of co-owners. Modifications are decided by vote.
Types of modifications
| Type | Majority required | Examples |
|---|---|---|
| Current maintenance | Simple majority | Common area painting, cleaning |
| Improvement works | 2/3 majority | Lobby renovation, new parking |
| Structural works | 3/4 majority | Roof, facade, lift |
| Modification of the deed of division | 4/5 majority | Change of use |
The tenant has no say in the matter. Only the landlord votes at the assembly. See our general guide on co-ownership.
Impact on the lease
Works in common areas
Works in common areas may affect the tenant:
| Impact | Tenant’s right |
|---|---|
| Restricted access (lift out of service) | Possible rent reduction |
| Excessive noise (facade renovation) | Rent reduction if > 40 days |
| Loss of service (heating cut off) | Partial suspension of rent |
| Improvement (new lobby, security) | No reduction |
Major works (> 40 days)
If works in common areas last more than 40 days and affect the enjoyment of the property, the tenant may request:
- A proportionate rent reduction
- Or termination of the lease if the property is uninhabitable
Who pays
| Charge | Borne by |
|---|---|
| Share of common works | Landlord |
| Co-ownership reserve fund | Landlord |
| Special levies | Landlord |
| Compensation to the tenant | Landlord |
Tenant’s rights
The tenant can
- Be informed of planned works and their duration
- Request a rent reduction if loss of enjoyment
- Report problems to the landlord (not directly to the building manager)
- Use common areas in accordance with the regulations
The tenant cannot
- Oppose works decided at the assembly
- Modify common areas
- Vote at the general assembly
- Claim directly from the building manager
Informing the tenant
The landlord must inform the tenant of planned works in common areas. A reasonable notice period is 15 days for planned works.
In practice
For the landlord
- Attend general assemblies to defend the tenant’s interests
- Inform the tenant of decisions affecting their enjoyment
- Negotiate compensation if works are lengthy
- Notify the building manager if the tenant reports a problem
For the tenant
- Tolerate necessary works (legal obligation)
- Document the nuisances (photos, dates, duration)
- Report problems to the landlord in writing
- Request a rent reduction if the disturbance is significant
In case of dispute
If the landlord refuses any compensation despite significant disturbance:
- Formal notice by registered letter
- If no response, application to the justice of the peace
- The judge may order a retroactive rent reduction
See our guides on rights and obligations and works and maintenance.