The general meeting of co-owners

Application pratique:

Under this case law, you can proceed if the general meeting of co-owners authorises the conversion by a majority vote under Article 25 of the 1965 Act. Ensure your plans do not affect other owners' private parts or alter the building's purpose. Call a general meeting, present detailed architectural plans, and document the vote. Without this approval, any works could be challenged and undone.

Application pratique:

This case law clarifies that the conversion required a majority vote of the co-owners. Demand the minutes of the general meeting that authorised the alteration and check the co-ownership regulations to ensure the building's purpose was not violated. If no valid vote took place, the conversion is unlawful, and you could face a court order to reinstate the cellar. Insist on seeing these documents before signing the deed of sale.

Application pratique:

The case law states that alterations must not affect private parts or the building's purpose. If you believe the conversion would cause structural harm or a nuisance, gather evidence (e.g., an engineer's report, noise impact study) and present it at the general meeting. Should the majority approve it regardless, you can challenge the resolution in court within two months, arguing it breaches the conditions set by this precedent. Seek a property lawyer promptly.