Co-ownership Glossary
Find definitions of all legal, accounting, and technical terms related to co-ownership management in Belgium.
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Call for Funds
The call for funds (provision) is the payment request addressed to co-owners to finance common charges. Ordinary calls are typically quarterly, based on the provisional budget voted at the general assembly. Extraordinary calls may be issued for unforeseen or exceptional works. Each co-owner contributes according to their shares. Non-payment may result in late interest and recovery proceedings.
Charge Distribution
Charge distribution in co-ownership follows two distinct criteria. General charges (structural maintenance, administration, insurance) are distributed according to the base deed shares. Special charges (elevator, collective heating, concierge) are distributed according to objective utility for each lot. This distinction is fundamental and can only be modified with a 4/5 majority. A co-owner may contest a distribution deemed inequitable before the justice of the peace.
Co-ownership
Co-ownership is a legal regime in which a building or real estate complex is divided into lots, each comprising a private part and a share in the common parts. In Belgium, forced co-ownership is governed by Book 3, Title 6 of the Civil Code. Each co-owner holds an exclusive right to their private parts and an undivided right to the common parts, proportional to their shares (quotités/tantièmes).
Co-ownership Council
The co-ownership council is an optional body composed of co-owners elected by the general assembly. It is mandatory in co-ownerships with 20 or more lots (excluding cellars and garages). Its role is to oversee the syndic's management, verify accounts, and report to the general assembly. It has no decision-making power of its own but may receive specific delegations from the GA (art. 3.86 CC).
Co-ownership Disputes
Co-ownership disputes encompass conflicts between co-owners, between a co-owner and the syndic, or between the co-owners' association and third parties. The most common actions are challenging GA decisions (within 4 months, art. 3.92 CC), recovery of unpaid charges, and works disputes. The justice of the peace has first-instance jurisdiction. Mediation is encouraged before any judicial proceedings.
Co-ownership Regulations
The co-ownership regulations (internal rules) set the rules for communal living within the building. They determine the rights and obligations of co-owners regarding the use of common and private parts, noise rules, pets, authorized works, etc. They are distinct from the base deed and can be modified by a 2/3 majority of votes (art. 3.88 §1 CC).
Common Charges
Common charges are expenses related to the preservation, maintenance, and administration of the co-ownership's common parts. They are divided into general charges (distributed according to the shares in the base deed) and special charges (distributed according to utility for each lot, e.g., the elevator). The provisional budget is voted annually at the general assembly and funded by quarterly calls for funds.
Common Parts
Common parts are building elements that belong jointly to all co-owners. They typically include the structure (foundations, load-bearing walls, roof), entrance halls, stairs, elevators, corridors, gardens, common parking, and technical installations (boiler room, common electricity). The precise list is defined in the base deed. In case of doubt, an element is presumed to be common (art. 3.84 CC).
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Easement (Servitude)
An easement (servitude) is a real right burdening one property (servient estate) for the benefit of another (dominant estate). In co-ownership, the most common easements are rights of way (access to a landlocked lot), water drainage easements, and view easements. They are generally mentioned in the base deed and are enforceable against all successive co-owners. Creating a new easement over common parts requires GA approval.
Energy Performance Certificate (EPC/PEB)
The energy performance certificate (EPC in Flanders, PEB in Wallonia and Brussels) evaluates a building's energy efficiency on a scale from A++ (very efficient) to G (poor). For co-ownerships, a certificate is required for each lot upon sale or rental. Since 2022-2024, some regions also require a certificate for common parts. The certificate is issued by an accredited certifier and is valid for 10 years.
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General Assembly (GA)
The general assembly is the supreme decision-making body of the co-ownership. It brings together all co-owners at least once a year (ordinary GA) to vote the budget, approve accounts, elect the syndic, and make all decisions regarding common areas. Extraordinary GAs can be called at any time. Decisions are made according to different majorities defined by the Civil Code (art. 3.87 to 3.91).
General Assembly Minutes
The minutes are the official document recording the deliberations and decisions of the general assembly. They must mention the agenda, attendances, voting results (for, against, abstentions), and decisions taken. Minutes are drafted during the meeting and signed by the chairperson, secretary, and scrutineers. They must be notified to absent co-owners within 30 days (art. 3.87 §10 CC).
Global Fire Insurance
Global fire insurance (building insurance) covers the entire co-owned building — common and private parts — against fire, water damage, storm, and other perils. It is taken out by the syndic on behalf of the co-owners' association. The premium is distributed among co-owners according to their shares. Each co-owner may take out additional insurance for personal contents and civil liability.
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Individual Statement
The individual statement is the annual report detailing the actual charges borne by each co-owner, compared to provisions paid. It shows the distribution of general and special charges according to shares, provisions called, and the balance (surplus or deficit). The syndic must provide this statement before the ordinary general assembly so co-owners can verify accounts before the approval vote.
IPI/BIV (Professional Institute of Real Estate Agents)
The IPI/BIV is the Belgian professional body that regulates professional syndics and real estate agents. Every professional syndic must be registered with the IPI/BIV and comply with a strict code of ethics. The institute grants accreditations, oversees professional practice, handles consumer complaints, and can impose disciplinary sanctions. Voluntary syndics (co-owners) are not subject to IPI/BIV regulation.
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PCMN (Standard Chart of Accounts)
The PCMN is the standardized chart of accounts mandatory for Belgian co-ownerships since 2010. It requires double-entry bookkeeping and a standardized account structure for financial transparency. Classes 1 to 5 are balance sheet accounts, classes 6 and 7 are expenses and income. The syndic must present annual accounts in compliance with this chart at the general assembly (Royal Decree of 12 July 2012).
Private Parts
Private parts are the portions of the building reserved for the exclusive use of a co-owner. They generally include apartment interiors (non-load-bearing partitions, floor coverings, sanitary facilities, kitchen), cellars, and private parking spaces. The owner freely enjoys their private parts, within the limits of the co-ownership regulations and applicable laws. Works in private parts that affect common parts require GA approval.
Property Manager (Syndic)
The syndic is the natural or legal person responsible for the day-to-day management of a co-ownership. In Belgium, the syndic can be professional (holding an IPI/BIV accreditation) or voluntary (a co-owner elected by the general assembly). They are responsible for executing general assembly decisions, financial management, maintenance of common areas, and representing the co-owners' association in court.
Provisioning
Provisioning in co-ownership involves building financial reserves to cover foreseeable future expenses. It is distinct from the legal reserve fund: provisioning can cover specific expenses voted at the GA (boiler replacement, facade renovation). The provisional budget must include provisions for planned works. Insufficient provisioning forces extraordinary fund calls and can put the co-ownership in financial difficulty.
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Reserve Fund
The reserve fund is a mandatory collective savings constituted by co-owners to finance future extraordinary works (roof renovation, facade, elevator, etc.). Since the law of 18 June 2018, the minimum annual contribution is 5% of total ordinary common charges. The fund is managed in a separate bank account in the name of the co-owners' association.
Residential Use Clause
The residential use clause (clause d'habitation bourgeoise) is a provision in the co-ownership regulations that limits lot usage to residential habitation, excluding any commercial, professional, or industrial activity. In Belgian law, there is a distinction between the 'simple' clause (allowing liberal professions) and the 'strict' clause (allowing only habitation). Case law tends to interpret these clauses restrictively and evolve with new living arrangements.
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Shares / Tantièmes
Shares (tantièmes) represent each lot's portion in the co-ownership's common parts, expressed in thousandths or percentages. They determine voting rights at the general assembly and the distribution of general common charges. They are set in the base deed by a surveyor-expert based on the surface area, location, and purpose of each lot. Modifying shares requires unanimity or a court decision.
Syndic's Mandate
The syndic's mandate is the contract by which the general assembly entrusts the management of the co-ownership to the syndic. Its maximum duration is 3 years, renewable. The contract must be written and specify remuneration, missions, duration, and termination conditions. The syndic can be dismissed at any time by the general assembly by absolute majority. Without renewal, the mandate ends automatically (art. 3.89 CC).
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Urgent Works
Urgent works are interventions necessary to prevent imminent danger or serious damage to common or private parts. The syndic may order them without prior convocation of the general assembly, but must inform co-owners as soon as possible and obtain ratification at the next GA. Examples: repair of a major water leak, securing after a storm, repair of a broken elevator (art. 3.89 §5 CC).
Usufruct
Usufruct is a real right conferring on its holder (the usufructuary) the right to use and enjoy property belonging to another person (the bare owner). In co-ownership, usufruct is common in inheritances and donations. The usufructuary has voting rights at the GA for matters of enjoyment and ordinary maintenance, while the bare owner votes for acts of disposition and extraordinary works (art. 3.87 §8 CC).