Selling a co-owned unit requires providing the buyer, from the preliminary agreement stage, with the documents listed in Article L. 721-2 of the Construction and Housing Code, then obtaining from the managing agent (syndic) the pre-sale disclosure statement (état daté) required under Article 20 of the Law of 10 July 1965 and the certificate confirming you are free of any obligation toward the co-ownership association. Failure to provide these documents postpones the start of the buyer’s cooling-off period, and the absence of the certificate entitles the managing agent to file an objection against the sale price held by the notary.

Documents to be provided from the preliminary agreement stage

Article L. 721-2 requires that the following be attached to the preliminary sale agreement, or provided to the buyer before signature:

• the co-ownership regulations and the descriptive statement of division, along with any amending deeds that have been registered;
• the minutes of general meetings for the past three years;
• the building’s maintenance logbook;
• a statement showing the amount of routine charges under the provisional budget and of non-budget charges paid over the previous two financial years, as well as amounts potentially still owed to the co-ownership association;
• an overall statement of unpaid charges within the association and of the association’s debts to suppliers;
• the co-ownership summary sheet (fiche synthétique);
• where applicable, the conclusion of the comprehensive technical survey and documents relating to the multi-year works plan.

In addition to these documents, a set of technical diagnostic reports is required, including the energy performance diagnostic, the asbestos report, the lead exposure risk report depending on the building’s construction date, the gas and electrical installation reports, and the natural and technological risk disclosure.

Pre-sale disclosure statement, certificate, and the managing agent’s objection

The pre-sale disclosure statement (état daté), prepared by the managing agent at the notary’s request, comprises three parts: sums you owe to the co-ownership association, sums the association owes to you, and sums that will fall to the buyer, notably works already approved but not yet invoiced and provisions under the current budget. This document determines how charges are apportioned between seller and buyer and must be reviewed line by line before signing.

The Article 20 certificate, dated less than one month prior, confirms that you are free of any obligation toward the association. Without this certificate, the notary notifies the managing agent of the transfer, who then has fifteen days to file an objection via a court bailiff’s act (commissaire de justice), stating the amount and basis of the claim. The sale price is then frozen up to the amount claimed until payment or release. An excessive or insufficiently substantiated objection can be challenged in court, including through expedited summary proceedings (référé), to obtain release of the funds.

Apportionment of charges and the works reserve fund

Charges due before the transfer remain your responsibility, while those due afterward fall to the buyer, unless otherwise agreed between the parties — an agreement that is not binding on the association. The balance resulting from the approval of accounts for the current financial year is settled under the rules of the Decree of 17 March 1967, which means tracking calls for funds issued after the sale. Contributions you have paid into the works reserve fund remain the property of the association and are not refunded to you: factor this into price negotiations.

The managing agent is only required to update its records once the notary notifies it of the transfer of ownership. A late notification leaves your name on calls for funds and generates claims for which you are no longer liable.

Penalties and pitfalls to avoid

The cooling-off period for a non-professional buyer only begins once all documents required under Article L. 721-2 have been provided in full: a partial delivery leaves the agreement in limbo and jeopardizes the transaction for weeks.

The requirement under Article 46 of the Law to state the private floor area is a second point requiring vigilance. Its absence from the notarial deed opens the door to an action for nullity within one month of signature. If the actual floor area is more than one-twentieth smaller than stated, the buyer may claim a proportional price reduction within one year of the deed.

Three other pitfalls arise regularly: works approved before the sale but invoiced afterward, a frequent source of disputes with the buyer when the preliminary agreement is silent on the matter; alterations carried out without general meeting authorization — a veranda, an enclosed balcony, a new opening — which expose the owner to a restoration order that transfers with the unit; and ongoing legal proceedings concerning the building, which must be disclosed to the buyer. Have the preliminary agreement reviewed before signature: this is the stage at which apportionment clauses can still be usefully negotiated.

For any co-ownership matter, Me Cécile Zakine advises and represents you (Grasse Judicial Court, Nice Judicial Court, Aix Court of Appeal). Prompt consultation.

On the same topic: managing agent refuses to carry out works · disputing co-ownership charges · general meeting vote against my wishes · neighborhood disturbances · calls for funds · all our co-ownership resources