Approving Works in Belgian Co-ownership: Procedures and Required Majorities

Carrying out works on the common parts of a Belgian co-ownership requires careful adherence to legal procedures. The type of work determines the voting majority needed, and failing to follow the correct process can expose the association of co-owners (ACP) to legal challenges or leave the syndic personally liable. This guide covers the full lifecycle from proposal to financing.

Ordinary vs Extraordinary Works

Art. 577-7 Belgian Civil Code draws a fundamental distinction:

Ordinary works (travaux ordinaires): routine maintenance and repairs that preserve the building in its current state. Examples include repainting hallways, repairing a broken intercom, replacing light fixtures, or annual boiler servicing. These fall within the syndic's normal management authority.
Extraordinary works (travaux extraordinaires): non-routine interventions that improve, transform, or substantially repair the building. Examples include roof replacement, facade renovation, lift modernisation, installation of solar panels, or compliance with new EPC requirements.

The co-ownership regulations typically define a syndic autonomy threshold — an amount below which the syndic can commission works without GA approval. Market practice sets this threshold between €2,500 and €5,000, though it varies by building.

Voting Majorities at the General Assembly

The required majority depends on the nature of the works:

| Type of Works | Majority Required | Legal Basis | |---|---|---| | Routine maintenance | Simple majority (50%+1 of present shares) | Art. 577-6 §6 Belgian Civil Code | | Energy renovation (insulation, boiler, solar) | 2/3 of all shares | Art. 577-6 §8 Belgian Civil Code | | Structural modification (new balconies, extension) | 4/5 of all shares | Art. 577-6 §11 Belgian Civil Code | | Demolition and reconstruction | Unanimity | Art. 577-6 §12 Belgian Civil Code |

The 2/3 majority for energy works was a key innovation of the 2018 reform, designed to lower the threshold for green renovations. Previously, these required a 4/5 majority, which effectively blocked many energy improvement projects.

Practical example: A building with 1,000 total shares wishes to insulate the facade (€120,000). This requires 667 shares in favour. If 800 shares are present at the general assembly, 667 "yes" votes are needed — calculated against the total shares, not just those present.

Competitive Bidding

While Belgian law does not impose a formal tendering requirement on private co-ownerships, best practice — and many co-ownership regulations — require the syndic to obtain at least three competitive quotes for works exceeding €5,000. The quotes should be presented to the GA or, for matters within the syndic's authority, to the council of co-ownership (conseil de copropriété).

For major projects (above €50,000), it is advisable to engage an independent architect or project manager to draft specifications, evaluate tenders, and supervise execution. The architect's fee (typically 8-12% of the works) is itself a common charge.

Urgent Works Exception

Art. 577-8 §4, 4° Belgian Civil Code grants the syndic the authority to take urgent conservatory measures without prior GA approval. This covers situations where delay would cause imminent damage — a burst pipe flooding the building, a collapsing balcony railing, or storm damage to the roof.

However, the syndic must:

Act proportionately — only the minimum intervention necessary to prevent further damage.
Inform the council of co-ownership immediately.
Convene an extraordinary general assembly within 30 days to ratify the expenditure and decide on permanent repairs.

Abusing the urgency exception — for example, commissioning a full roof renovation as "urgent" — exposes the syndic to personal liability.

Financing Options

Once works are approved, the ACP has several financing mechanisms:

Reserve fund: the primary source for extraordinary works, drawn down by GA resolution. See our reserve fund guide.
Extraordinary call for funds (appel de fonds extraordinaire): a one-off levy on all co-owners, proportional to their tantièmes, to cover costs not funded by the reserve.
ACP bank loan: the general assembly can vote to take a collective loan at a 2/3 majority (Art. 577-6 §8 Belgian Civil Code). Individual co-owners who prefer to pay upfront may do so to avoid interest charges. The loan is in the ACP's name, not individual owners'.
Regional subsidies: Fluvius premiums (Flanders), Renolution grants (Brussels), and MyRénova subsidies (Wallonia) can offset 20-50% of energy renovation costs.

Ten-Year Guarantee

For newly constructed buildings or major renovation works, Art. 1792 Belgian Civil Code provides a ten-year structural guarantee (garantie décennale). The contractor and architect remain jointly liable for defects affecting the building's stability or making it unfit for its intended purpose. The ACP should track guarantee expiry dates and commission a technical inspection before the ten-year period lapses.

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