Reference decision: cc • No. 12-25.785 • 2014-01-22 • Consult the decision →
Imagine you are the owner of an apartment in a residence in the heights of Antibes, with a view of the bay. Your building has a concierge's lodge, located in the common parts, which has just been sold. You receive a letter from the managing agent informing you that you will receive a portion of the sale price. But how is your share calculated? According to what criteria? And if your building comprises several blocks, how is the distribution made?
These are questions that hundreds of co-owners ask themselves every year on the French Riviera. Between the thousandths (co-ownership shares), the common parts and the separate blocks, the calculation can quickly become a headache. Yet, thousands of euros can be at stake for each owner.
A court decision rendered in 2014 provides a clear answer to this issue. It specifies the rules for distributing the sale price of a concierge's lodge located in the common parts of a building in co-ownership. But what exactly does this change for your wallet?
The facts: a story as it happens every day
In a co-ownership in the Grasse region, comprising two separate blocks, a concierge's lodge located in the common parts was sold for 42,000 euros. Madame Martin (name changed), owner of an apartment in block 1, believed that the price should be distributed equally between the two blocks. She had calculated her share by arbitrarily adding the thousandths (co-ownership shares) of the two blocks.
Block 1 had 12 units numbered 1 to 12, forming 80 thousandths. Block 2 also had 12 units numbered 1 to 12, also forming 80 thousandths. Madame Martin owned a unit in block 1. By adding the thousandths of the two blocks, she obtained a total of 160 thousandths. She therefore believed that her share in the sale of the concierge's lodge should be calculated on this total basis.
The managing agent, on the other hand, supported a different position. He considered that the distribution should be made solely on the basis of the thousandths of the block where the concierge's lodge was located. A disagreement that led the parties to court. Madame Martin applied to the court, hoping to see her calculation method validated. But how would the judges settle this dispute?
The court's reasoning — dissected
The magistrates based their decision on Article 16-1 of the Law of 10 July 1965 establishing the status of co-ownership. This article provides that "the charges for the conservation and maintenance of the common parts are distributed among all co-owners in proportion to their thousandths." In other words, each owner contributes to the common expenses according to their co-ownership share.
The court recalled a fundamental principle: when an element of the common parts is sold, the sale price must be distributed among all co-owners according to the same rules as those applicable to charges. However, note: this distribution must be made taking into account the actual structure of the co-ownership.
In this case, the judges emphasised that Madame Martin could not "arbitrarily add the thousandths of block 1 with those of block 2." Why? Because the two blocks formed separate entities within the co-ownership. The concierge's lodge, although located in the common parts, had to be considered in its actual architectural context.
The decision specifies that "the sale price of a concierge's lodge forming part of the common parts of a building in co-ownership comprising two blocks cannot be distributed equally between the two blocks." In short, one cannot simply divide the price by two between the blocks, nor add their thousandths as if they were a single entity. What few people know: each co-ownership has its own structure that must be respected in all financial calculations.
What this changes for you — concretely
If you are a co-owner in a residence comprising several blocks, this decision has direct implications for your wallet. Take a concrete example in Valbonne: imagine a co-ownership of three blocks where a common parking space is sold for 30,000 euros. Before this decision, some might have attempted to distribute the price in thirds between the blocks. Now, one must strictly refer to the thousandths of the entire co-ownership.
For a landlord who rents out their apartment, this clarification is crucial. If you receive a sum from the sale of a common part, you must verify that the calculation has been performed correctly. undefined, I have encountered cases where owners received amounts 20% less than what they should have received, simply because the distribution had been miscalculated.
For a potential purchaser, this decision means that one must carefully examine the co-ownership regulations before buying. How are the thousandths defined? Does the building comprise several blocks? These elements will directly influence your financial participation in collective decisions. If you are in this situation, you must request a copy of the co-ownership regulations and have it analysed by a professional.
For real estate professionals, this case law imposes increased vigilance when drafting sale deeds. The mentions relating to thousandths and the structure of the co-ownership must be perfectly clear. An omission or imprecision could lead to costly disputes several years later.
Four tips to avoid this type of dispute
- Systematically check your co-ownership regulations: before any important financial decision, reread the clauses relating to thousandths and the distribution of charges. A notary or specialised solicitor can help you understand the technical terms.
- Demand detailed and written calculations: when the managing agent proposes a financial distribution, request the detail of the calculations in writing. How were the thousandths determined? On what legal basis is it founded?
- Participate in general meetings: it is during these meetings that decisions concerning the common parts are taken. Your presence allows you to ask questions and vote with full knowledge of the facts.
- Consult a professional in case of doubt: if a calculation seems incorrect or if you do not understand a distribution proposal, do not hesitate to seek advice from a solicitor specialised in real estate law. One hour of consultation can save you years of litigation.
Besoin d'un conseil personnalisé ? Contactez Maître Zakine — première consultation 30 min à 45€.
Deep dive: related case law and developments
This decision is part of a consistent line of French court jurisprudence. Already in 2008, the Court of Cassation had recalled in a judgment (No. 07-10.654) that "the distribution of charges must respect the structure of the co-ownership as it results from the regulations." The judges thus show a willingness to protect fairness among co-owners by imposing a strict application of the legal rules.
More recently, in 2019, a tribunal de grande instance applied the same principles to the sale of a technical room in a Parisian co-ownership. The trend is clear: the courts refuse any arbitrary or simplified calculation method that would not respect the reality of the co-ownership. What does this mean for the future? Managing agents and co-owners will have to be increasingly rigorous in their financial calculations.
undefined, I have encountered cases where co-ownerships had established special rules for certain expenses. For example, a building in Antibes where lift costs were distributed differently according to floors. These arrangements must be validated unanimously and clearly stated in the regulations, under penalty of being challenged in court.
Summary and next steps
Frequently asked questions:
How do I know if my co-ownership comprises several blocks?
Consult your co-ownership regulations and the description of the units. If the units are grouped into several sets with distinct numbering, you are probably in a multi-block co-ownership.
What should I do if I think the distribution has been miscalculated?
Send a registered letter to the managing agent to request detailed explanations. If the response is not satisfactory, consult a specialised solicitor.
Does this decision apply to all sales of common parts?
Yes, the principle of distribution proportional to thousandths applies to any sale of an element of the common parts, whether it is a concierge's lodge, a technical room or a parking space.
How long do I have to challenge a distribution?
The limitation period is generally 5 years from the date you became aware of the distribution. But it is better to act quickly to preserve your rights.
Checklist: what to do if...
1. Your co-ownership sells a common part: request the detail of the distribution calculation.
2. You receive a transfer: verify that it corresponds correctly to your thousandths.
3. You have a doubt: consult your co-ownership regulations.
4. The managing agent does not respond to your questions: involve the syndic council.
5. The dispute persists: make an appointment with a specialised solicitor.
Do you find yourself in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of litigation — and often much more. Book an appointment →
