Works to the common parts are a matter for the general meeting; the syndic (the managing agent) carries out what has been voted (articles 20 and 21). The difficulty is not knowing who decides, but by what majority: the Law classifies works by their nature, and each category has its own regime.
Maintenance and routine repairs: simple majority
These decisions fall under the general rule of article 15: a majority of the votes of the co-owners present or represented. They normally fall within the forecast budget as voted.
They may even, subject to conditions, be taken outside a meeting: decisions on the maintenance and renewal of the common parts, “even where they involve replacing an item that is beyond use with a more advanced installation”, may be taken by written consultation, provided the syndic has submitted all the information needed to form a view, and in particular the cost of the works. Use of this procedure must be authorised in advance by the conseil syndical (the co-owners’ supervisory board), if one exists (article 14).
Replacing existing equipment with something better: absolute majority
Repair, renewal or replacement works involving the improvement or alteration of existing items of equipment fall under the absolute majority — a majority of the votes of all the co-owners (article 16 d)). The textbook case is replacing a boiler that is beyond use with a more efficient model.
Where the règlement de copropriété (the condominium regulations) places the cost of such works on certain co-owners only, those co-owners alone take part in the vote, with a number of votes proportionate to their contribution to that expenditure.
Energy renovation and renewable energy: absolute majority
Since the Law of 30 June 2022, the absolute majority also governs energy renovation works, the creation of infrastructure in preparation for service ducts in the common parts, and the installation of facilities for generating and storing renewable energy in the common parts (article 16 e), f) and g)).
Alteration, addition, improvement: double majority
Outside the cases above, works involving alteration, addition and improvement require the double majority of article 17: a majority of the members of the syndicat de copropriété [the co-owners’ association] representing at least three quarters of the votes.
Deciding by that majority, the meeting may, provided it is consistent with the intended use of the building, resolve upon any improvement: adding new items of equipment, fitting out premises for common use, or creating such premises (article 26). By the same majority it fixes how the cost of the works is apportioned, in proportion to the benefits each co-owner will derive from them — subject to taking account of any agreement by some of them to bear a larger share — and how the operating, maintenance and replacement costs of the new items are to be apportioned.
Adding storeys and new buildings
Adding storeys, or constructing buildings in order to create new private premises, may be carried out by the association itself only if the decision is taken unanimously by its members. Disposing of the right to add storeys is governed by a separate regime: the article 17 majority, the consent of the co-owners on the top floor, and confirmation by a special meeting where the property comprises several buildings (article 30).
You cannot obstruct works that were duly voted
“No co-owner, nor anyone claiming through them, may obstruct the carrying out — even within their own private parts — of works duly and expressly resolved upon by the general meeting” under articles 16 d) and 26 (article 28). Access to your unit may therefore be necessary, and must be allowed.
In return, anyone who suffers loss as a result of the works — a permanent reduction in the value of their unit, serious interference with their enjoyment of it, even temporarily, or damage — is entitled to compensation, payable by the co-owners as a whole (article 31).
Where the meeting is called upon to approve or authorise a transaction, a quotation or a contract for carrying out works, the essential terms of the proposed contract must be served no later than at the same time as the agenda (article 5, 4°, of the Grand Ducal Regulation). A vote on a figure announced from the floor is a vote on shaky ground.
Challenging a decision on works
A co-owner who voted against may, within two months of notification of the minutes, apply to the civil court for a declaration that an improvement resolved upon under article 26 amounts to excessive expenditure in the light of the condition, the characteristics and the intended use of the building; the decision is then not binding on that co-owner (articles 29 and 34).
Preparing a works file with us
Classifying the works correctly is what makes the vote safe: a resolution passed by the wrong majority can be challenged. Send us your project and we will tell you which category applies, what papers must accompany the notice of meeting, and how to word the resolution.
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.