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Who pays for planned renovations after a sale
Who pays for planned renovations after a sale?
When selling an apartment, discussions often arise regarding planned renovations. Suppose facade works, roof renovation, or lift modernisation are upcoming: who pays those costs after the sale? The seller or the buyer? The answer depends primarily on the moment the works were officially approved.
What is the decisive moment?
In an apartment building, major renovations are decided by the general meeting of the Owners Association (Owners Association). The timing of that decision is legally determining.
In principle, the following applies:
- Were the works approved before the notarised deed? Then they are usually the responsibility of the seller.
- Are the works approved after the notarised deed? Then they are the responsibility of the buyer.
It is therefore not about the execution of the works, but about the moment they were officially decided.
What if the works are already planned but not yet voted on?
Confusion often arises here. When renovations have only been discussed but not yet formally approved, they are in principle for the buyer if they are only voted on after the deed.
Nevertheless, it is important that the buyer is correctly informed about planned or discussed works via:
- The minutes of recent general meetings
- Information from the Property Manager
- The financial overview of the Owners Association
Transparency prevents later discussions.
Can the seller and buyer make other agreements?
Yes. In the sales agreement (the private purchase agreement), the seller and buyer can make specific agreements regarding the distribution of future costs.
For example:
- The seller takes on a portion of the planned works
- The costs are divided pro rata
- An amount is withheld by the notary
Without an explicit agreement, the general rule of the time of decision applies.
What does the notary do?
The notary requests an overview from the Property Manager regarding:
- Approved works
- Outstanding contributions
- The financial status of the building
Based on this, the notary can withhold amounts or include clear agreements in the deed.
What is the conclusion?
Who pays for planned renovations after a sale depends on the moment the works were officially approved. In principle, works decided upon before the notarised deed are for the seller, and subsequent decisions are for the buyer. Clear agreements in the sales agreement and transparency via the Property Manager are essential to avoid conflicts.
The seller contributes up until the deed, not beyond.
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