Rooftop extensions in France

01-09-2024
Under French law, the law on condominium ownership applies to any building used wholly or partly for residential purposes where the property is divided into units between several owners.¹⁴ A division into apartment rights requires at least division regulations (réglement de copropriété) (which defines in particular the conditions of use of the private and common parts of the building) and a division description (état descriptif de division) (which identifies the various units within the building and its owners).

The division description must be recorded in a notarial deed and registered in the public registers. The division regulations must also be recorded in a notarial deed and contain regulatory law. Although these documents can be included in two separate notarial deeds¹⁵, it is common practice for both documents to be incorporated into one notarial deed. In that case, the réglement de copropriété has a broad meaning and includes both the deed of division and the division regulations.¹⁶

Rooftop extensions (surélévation)

France also has a dualistic system. The condominium owner acquires ownership of its private part, which is inseparably connected to a co-ownership right of the common parts.¹⁷

Unlike the Netherlands or Germany, France does have specific statutory regulations regarding rooftop extensions (surélévation). Before 2014, the law on condominium ownership¹⁸ provided that, if the community of owners (syndicat de copropriété) itself realised the rooftop extension (and thus both the benefits and the burdens are for the community), all condominium owners had to agree (unanimity). If the rooftop extension was realised by a third party (alienation of the right to extend upwards in exchange for payment), then in principle, (only) two-thirds majority representing 50% of all owners sufficed (or a higher majority if so determined in the regulations). In that case, the revenues of the rooftop alienation accrued to the community, and the charges of the rooftop extension were borne by the third party. Owners of the top floors then had a right of veto.

Loi ALUR (“ALUR”) for residential buildings

Due to the desire for sustainability and the ongoing housing shortage, several legislative changes have occurred in France. The most significant change is the introduction in 2014 of the Loi ALUR¹⁹ (“ALUR”) for residential buildings. Currently, in France, two-thirds of the votes cast, representing half of all owners of the building, is sufficient, regardless of who will realise the rooftop extension. The right of veto has been abolished. Now, the top-floor condominium owners have a preferential right to purchase the new residential units created by the rooftop extension (for a period of two months).²⁰