This is a quiet but decisive change of regime: works that previously required a double majority of three quarters now fall under the absolute majority. For many condominiums, that is the difference between a project that stalls and a project that gets voted.
What the Law of 30 June 2022 added
Article 16 of the Law of 16 May 1975 — the absolute majority article, that is, a majority of the votes of all the co-owners — now contains three new headings:
- e) energy renovation works;
- f) works to create infrastructure in the common parts in preparation for the installation of service ducts;
- g) works to install facilities for generating and storing energy from renewable energy sources in the common parts.
According to the Ministry of Housing, these amendments have been in force since 1 October 2022.
The consequence for article 17
Correspondingly, the double majority of article 17 c) — a majority of the members representing at least three quarters of the votes — now excludes the works referred to in article 16 d), e), f) and g), together with those relating to the installation of host infrastructure within the meaning of the Law of 22 March 2017 on measures to reduce the cost of deploying high-speed electronic communications networks.
In other words: insulating a facade, replacing a boiler room with a more efficient system, installing photovoltaic panels and storage in the common parts, or preparing the service ducts or the high-speed connection no longer requires the agreement of three quarters of the votes.
Where no decision is taken by the absolute majority, a further meeting decides by a simple majority of those present and represented (article 16, final paragraph). If its agenda takes up only questions already listed, the notice period may be reduced to eight days and the supporting papers need not be served again (article 11 of the Grand Ducal Regulation). Many projects are carried at the second attempt.
Funding: what the works fund is for
The compulsory fonds de travaux (the statutory works fund) under article 11 bis, introduced by the same Law of 30 June 2022, is intended precisely to “meet the cost of works decided upon by the general meeting”. Its minimum scale is pegged to the building’s thermal insulation class on its Energiepass (its energy performance certificate), according to the Ministry of Housing: the less efficient the building, the more it saves. The two reforms therefore form a coherent whole — making the vote easier, and building up the resources.
Public grants for energy renovation also exist in Luxembourg. Their conditions, their ceilings and the way they are applied for change over time: they must be checked case by case with the competent bodies, at the time of the project. That is why we publish no figures on this site.
The case of charging points
A charging-point project breaks down into parts. The preparatory infrastructure in the common parts falls under article 16 f). An installation carried out at a co-owner’s own expense and affecting the common parts falls under the authorisation in article 16 b), with recourse to the court available if approval is refused. We will not set out a single regime here: the classification depends on the arrangement chosen, on the electrical panel and on the location. It is a question to work through before drafting the resolution.
The approach that works
- A technical survey: the building’s Energiepass, the condition of the installations, and the priority items.
- Comparative quotations and, for a substantial project, an architect or a firm of consulting engineers.
- A funding plan: works fund available, special advances, grants to be applied for, and any phasing.
- Service of the essential terms of the quotation or contract with the agenda (article 5, 4°, of the Grand Ducal Regulation), and then the vote.
Getting the discussion started in your condominium
The right time to prepare a renovation project is the financial year before the meeting, not the week before it. If your conseil syndical (the co-owners’ supervisory board) wants to open the subject, write to us: we will build the file and the resolution with you.
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.