For the great majority of the questions we receive, the answer lies not in the Law but in the building’s own règlement de copropriété (the condominium regulations). This is the document to have read once, and to know how to turn back to.
What it determines
The condominium regulations, which take the form of a general agreement or of an undertaking by each of the parties concerned, “determine the intended use of both the private and the common parts, together with the terms on which they may be enjoyed; they also lay down, subject to the provisions of this Law, the rules governing the administration of the common parts and fix the share of the charges attaching to each unit” (article 10 of the Law).
They are read alongside two related documents: the état descriptif de division (the schedule of division of the building), which identifies the units and fixes the shares, and, where there is one, a set of house rules setting out the rules of everyday life in the building.
What they cannot do
The regulations “may impose no restriction on the rights of the co-owners other than those justified by the intended use of the building, as defined in the deeds, by its characteristics or by its location” (article 10.2). And the Law goes further:
- any clause falling outside the purpose of the condominium regulations is deemed not to have been written (article 10.3);
- any clause of the regulations falling outside the purpose of the syndicat de copropriété (the co-owners’ association) — the upkeep of the building and the administration of the common parts — is deemed not to have been written (article 11);
- clauses contrary to a long list of articles of the Law — covering, in particular, the rules on apportioning charges, the majorities and the rights of appeal — are deemed not to have been written (article 40).
The practical consequence: a clause appearing in an older set of regulations is not necessarily valid. If a provision strikes you as excessive in the light of the building’s intended use, it deserves to be examined rather than simply endured.
Who is bound by them
“The regulations bind the various owners and all their successors in title, including tenants and occupiers on any basis whatsoever” (article 10.4). As against successors in title to a particular unit, however, they are binding only once they have been entered on the registers of the mortgage registrar for the district in which the building is situated — and the same applies to any additions and amendments, in the form prescribed by the Law of 25 September 1905 on the registration of rights in rem over immovable property.
How they are amended
Amending the condominium regulations, or where applicable drawing them up, in so far as they concern the enjoyment, use and administration of the common parts, falls under the double majority of article 17: a majority of the members of the association representing at least three quarters of the votes. The draft amendment must be served no later than at the same time as the agenda (article 5, 3°, of the Grand Ducal Regulation).
Amending the rules on enjoyment and administration: the double majority of article 17. Altering the apportionment of charges: unanimity (article 8), save where the rules are being brought into line with the statutory criteria, or where the alteration is made necessary by works or deeds duly voted. This is the most frequent mistake made in drafting resolutions.
Where there are no regulations
The Law does not leave the position unresolved: “In condominiums where no condominium regulations exist, the association must draw up and publish condominium regulations in accordance with this Law.” If the general meeting fails to settle the text by the article 17 majority, any co-owner may apply to the civil court to have the regulations drawn up (article 10.5).
How to obtain a copy
The regulations are annexed to your deed of purchase: your notary gave you a copy. You will also find them, together with the minutes of general meetings and your statements, in your online account My D&D Access. If you have no copy at all, ask us for one.
A clause you have a question about
Before starting works, signing a lease or entering into a dispute with a neighbour, have the relevant clause checked. Write to us quoting the passage in question and stating your building: we will put it back in its context and tell you what it actually permits.
General information on Luxembourg condominium law (the amended Law of 16 May 1975 and the Grand Ducal Regulation of 13 June 1975, in their consolidated version applicable as at 1 August 2023). Your own règlement de copropriété may lay down specific rules, which prevail within the limits set by the law. This content is not legal advice.