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Are you required to provide the co-ownership regulations to the buyer?
Are you required to provide the co-ownership regulations to the buyer?
Yes, when selling an apartment, the co-ownership regulations must be provided to the buyer. It is a mandatory part of the information that the buyer must receive before signing the deed of sale.
What are the co-ownership regulations?
The co-ownership regulations are usually part of the base deed. They include, among other things:
- The description of the private and common areas
- The distribution of shares in the common areas
- The rules regarding cost allocation
- Rights and duties of co-owners
This document therefore determines how the building is legally and financially organized.
When must you provide it to the buyer?
The buyer must receive this information before the signing of the authentic deed at the notary. In practice, this is usually already provided at the time of the sales agreement (private contract).
The notary is legally obliged to include these documents in the sales file.
Why is this mandatory?
Buying an apartment automatically means joining a co-ownership. The buyer must therefore know:
- Which rules apply in the building
- How costs are distributed
- What restrictions or obligations exist
- Whether there are any ongoing legal proceedings
Without this information, the buyer cannot make an informed decision.
Who provides the co-ownership regulations?
The seller is obliged to provide the necessary information. In practice, the notary requests these documents from the Property Manager.
The Property Manager is legally required to provide a number of documents, including:
- The base deed
- The co-ownership regulations
- The internal rules
- Information regarding debts and funds
What is the conclusion?
Yes, the co-ownership regulations must be provided to the buyer when selling an apartment. This is part of the legal information obligation and ensures that the buyer is correctly informed about their rights and obligations within the building.
Whoever buys an apartment also buys the rules that come with it.
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