Co-Ownership in Belgium: Rights, Charges and Regulations

Co-Ownership in Belgium: A Strengthened Legal Framework

In Belgium, approximately 1.3 million homes are in co-ownership, mainly apartments. The co-ownership law was thoroughly reformed in 2018 and further adjusted in 2024 to better protect co-owners and improve building management. Whether you are buying a first apartment or are an experienced investor, understanding how co-ownership works is essential.

The Founding Documents

The Base Deed

The base deed is the notarial document that defines the building description, the division between private and common areas, and the shares (thousandths) of each unit. These shares determine your portion of charges and your voting weight at the general assembly.

The Co-Ownership Regulations

The regulations set the rules of communal living: use of common areas, permitted works in private areas, pets, noise, etc. They are binding on all co-owners and their tenants.

The Internal Rules

Less formal, they complement the co-ownership regulations with practical rules: moving hours, use of shared laundry, waste disposal, etc. They can be modified by simple decision of the general assembly (simple majority).

The Syndic: Building Manager

Role and Obligations

The syndic is the legal representative of the Co-Owners' Association (ACP). Since the 2018 reform, their obligations have been strengthened:

• Financial management: keep accounts, collect charges, manage working capital and reserve fund
• Maintenance: ensure common area maintenance, take out necessary insurance
• Administration: convene and organise the annual general assembly, execute its decisions
• Transparency: make all accounting documents and minutes available to every co-owner

Professional vs Volunteer Syndic

• Professional syndic: must be a member of the IPI (Professional Institute of Estate Agents). Cost: 150 to 400 euros per unit per year depending on building size and services. Recommended for buildings with more than 10 units.
• Volunteer syndic: a co-owner who manages for free or at low cost. Possible for small co-ownerships (2 to 10 units). Note: they bear the same legal responsibilities as a professional.

The General Assembly: Co-Owners' Power

How It Works

The annual general assembly (GA) is when co-owners make important decisions. Each co-owner has a number of votes proportional to their shares.

Required Majorities

• Simple majority (50% + 1 of present/represented): routine maintenance, account approval, syndic choice
• Two-thirds majority: major renovation works, changes to internal rules
• Four-fifths majority: changes to the base deed, change of building purpose
• Unanimity: modification of shares, dissolution of the co-ownership

Co-Ownership Charges

Ordinary Charges

Ordinary charges cover daily building operations:

• Common area cleaning: 1,500 to 4,000 euros/year for the building
• Lift: maintenance and service contract, 3,000 to 6,000 euros/year
• Building insurance: 2,000 to 5,000 euros/year depending on size
• Common area energy: lighting, hall heating, 1,000 to 3,000 euros/year
• Syndic fees: variable according to contract

On average, ordinary charges represent 150 to 250 euros per month for a standard apartment in a mid-sized building.

Extraordinary Charges

Extraordinary charges cover major works: roof renovation, facade restoration, lift replacement, energy renovation. These costs can be very high (50,000 to 200,000 euros for the building) and are divided among co-owners according to shares.

The Reserve Fund: Mandatory Since 2018

The law requires every co-ownership to build a reserve fund for future major works. The minimum annual contribution is 5% of total ordinary charges.

In practice, 5% is often insufficient. Well-managed co-ownerships set aside 10 to 15% per year. An insufficient reserve fund is a warning sign: it means co-owners will have to pay substantial amounts for unexpected major works.

What to Check Before Buying

• The reserve fund amount: a 20-year-old building should have at least 30,000 to 50,000 euros in reserve
• Works approved but not yet carried out
• Works planned for the next 5 years (roof, facade, lift)
• The last 3 GA minutes
• Any ongoing disputes

Your Rights as a Co-Owner

• Voting rights at the general assembly, proportional to your shares
• Right of access to all co-ownership documents (accounts, minutes, contracts)
• Right to challenge GA decisions before the justice of the peace within 4 months
• Right to rent your property (unless restricted in the regulations)
• Right to carry out works in your private areas (in compliance with regulations)
• Right to request an extraordinary GA if you represent at least 20% of shares

Co-Ownership Pitfalls

• Hidden charges: some co-ownerships deliberately under-provision to keep charges low, but surprise fund calls arrive sooner or later
• Incompetent syndic: a poor syndic can prove costly through bad management, poorly negotiated works, and unresolved disputes
• Non-paying co-owners: if some do not pay their charges, others must compensate
• Works voted just before your purchase: check if significant works were recently approved. You inherit them as the new owner.

Practical Tips

• Request ALL co-ownership documents before buying (base deed, regulations, last 3 minutes, accounts, reserve fund)
• Attend a GA before buying if possible — it is the best way to gauge the co-ownership's atmosphere
• Compare charges with similar buildings in the area
• Get involved in management: attend GAs, ask questions, check accounts
• Do not hesitate to change syndic if management is unsatisfactory

To explore apartment prices in your municipality, check our data per municipality. If you are looking for an apartment in Brussels, read our neighbourhood-by-neighbourhood guide.