Selling a flat in a co-ownership : documents to provide

To sell a flat in a condominium, the owner must gather information about the property, the building and the lot’s financial situation, then pass it on to the buyer at the stages of the sale specified. The documents needed to sell a flat in a condominium include, in particular, technical reports and, depending on the buyer’s situation, the condominium regulations and the minutes of general meetings.

Some items are needed as soon as the property is put up for sale or at the first viewing; others must be provided when the preliminary contract is signed or before the authentic deed is signed.

What details should be provided from the time of listing and viewing?

The advert must provide information about the flat and the co-ownership. It states, in particular, the number of units, the floor area, the annual amount of the estimated-budget charges paid by the seller and the foreseeable expenditure mentioned in the EPC.

It sets out the procedures relating to the co-ownership’s financial difficulties and directs the buyer to the Géorisques website to check the natural and technological risks that may affect the property. If a professional is appointed to handle the sale, the advert states their fees and who is responsible for paying them.

At the first viewing, the seller or their representative provides a report on risks if the property is located in an area exposed to a natural, mining, technological or seismic risk, or a risk linked to radon. Failing this, the buyer may request rescission of the sale or a reduction in the price.

In Saint-Denis and neighbouring towns, Saint-Denis Immobilier offers flats and houses for sale. The agency also provides a free, non-binding verbal valuation.

Documents on the organisation and works of the building

When a promise of sale is signed, the seller gives the buyer the documents relating to the co-ownership, including those concerning its financial situation, no later than that date. If the buyer already owns a unit in the co-ownership, the seller only gives them information on the financial situation and the technical diagnostic report.

The documents on the organisation and works include:

• the summary sheet, which provides information on the technical and financial characteristics, organisation and operation of the co-ownership ;
• the co-ownership regulations, the descriptive statement of division and the published amending deeds ;
• the minutes of the general meetings for the last 3 years ;
• the building maintenance log ;
• the conclusions of the overall technical assessment, if one exists ;
• the multi-year works plan or its draft ;
• the notice explaining the rights and obligations of the co-owners and the operation of the co-owners’ association.

The regulations and the descriptive statement provide information on the organisation of the lots. The minutes record assembly decisions, while the maintenance logbook and works plan provide information about the building.

A preliminary sale agreement is not compulsory. If the parties sign the authentic deed directly, the notary sends the buyer the draft deed together with information about the co-ownership, including the documents listed by Service-Public.fr for this situation.

Financial information to be provided to the buyer

The financial information informs the buyer about expenditure relating to the unit and the situation of the co-ownership. The seller gathers:

• the current charges in the provisional budget and the charges outside the provisional budget that they paid during the 2 accounting years preceding the sale ;
• where a works fund exists, the sum corresponding to the share attached to the lot and the last contribution paid by the seller;
• sums that may be claimed from the buyer by the co-owners’ association, such as a cash advance ;
• the overall level of unpaid charges within the co-owners’ association and its debt to suppliers.

The charges paid by the seller provide information about the unit’s past expenditure. The sums that may be payable by the buyer and the outstanding arrears provide insight into its future situation and that of the co-ownership.

The property’s technical diagnostic file

In the event of a sale agreement, the technical diagnostic file is provided to the buyer at the same time as this agreement. It brings together information about the property and certain risks, including:

• the energy performance certificate (DPE) ;
• the statement of risk of exposure to lead for the private part and the report stating the presence or absence of asbestos ;
• the condition of the internal electricity installation and that of the gas installation, if the relevant installation in the private area is more than 15 years old;
• the report concerning the presence of termites in the private area and the report on risks and pollution;
• the report concerning the risk of dry rot if the building is located in an area defined by the préfet where dry rot has been reported to the town hall;
• the noise assessment if the dwelling is located in an area exposed to noise, delimited by an airport noise exposure plan ;
• the private floor area of the lot (Carrez Law) ;
• the order for safety measures or for dealing with unsanitary conditions issued in respect of the private area, if applicable.

The DPE concerns energy performance, while the Carrez law measurement indicates the private floor area. The reports relating to installations or risks address the situations specified for each of them.

Failure to provide the risk report for a dwelling located in a relevant area, or an existing order to make the property safe or remedy unsanitary conditions, may allow the buyer to request cancellation of the contract or a reduction in the price. A notary can advise you on the documents applicable to your dwelling and their validity.

The dated statement to request before the sale

The dated statement is mandatory for the sale of a co-ownership lot: it provides information on the lot’s financial position in relation to the co-ownership. The managing agent prepares it at the request of the seller or the notary responsible for drafting the deed, then sends it to the notary before the sale.

The document distinguishes between sums owed by the seller to the co-owners’ association, those that the association may owe the seller and those payable by the buyer. It includes information about provisions, cash advances and, where applicable, unpaid charges or the collective loan.

According to the official information sheet on the dated statement, its cost is charged to the seller and may not exceed €380 including VAT. It must be provided for in the managing agent’s contract under the heading of fees chargeable solely to co-owners and approved by the general meeting. A higher amount may be challenged, including where several lots are sold simultaneously.

The property manager also sends the notary a certificate less than 1 month old confirming that the seller has no debt to the co-owners’ association. If there are debts, the property manager may object to payment of the price in order to obtain settlement.

Providing the documents and keeping proof of receipt

The documents may be sent by post, delivered by hand or transmitted electronically, such as by email or USB stick, with the buyer’s written agreement. Before a notary, the buyer confirms receipt by signing the promise. If it is signed without a notary, the buyer confirms it in a dated document signed by them.

Certain documents determine when the withdrawal period begins: the summary sheet, the co-ownership regulations and the descriptive statement of division with their published amending deeds, the minutes of the last 3 years and the financial information listed for the preliminary contract. The period starts the day after they are received.

In the absence of a sale agreement, a cooling-off period of at least 10 days must be observed before the deed is signed. If the summary sheet, the rules and the descriptive statement with their published amending deeds, the minutes from the last 3 years or the overall statement of unpaid charges and debts to suppliers have not been provided to the buyer, this period starts on the day after they are received.

After signing, the change of owner must be notified to the property manager by the notary, buyer or seller.

Frequently asked questions