Are you considering selling your apartment in a multi-unit building in France and wondering whether the syndicat des copropriétaires (the co-owners' association) must approve the transaction? Good news: as the owner of a lot, you hold an individual property right that allows you to sell freely, without prior authorization from the general meeting or the syndic. The co-ownership does not take part in your decision to sell, but it plays a central role in informing the buyer, through documents made mandatory by the ALUR law. This guide reviews your rights, your documentation obligations and the few special cases that may slow down a sale.
Summary
- The seller does not need the co-ownership's approval to sell their apartment: the individual property right takes precedence.
- The syndic, however, must provide a series of mandatory documents (co-ownership regulations, minutes of general meetings, état daté, maintenance log).
- The ALUR law strictly governs the information given to the buyer before the preliminary sales agreement is signed.
- Certain special cases (urban pre-emption right, specific clauses in the regulations) may affect the timeline, without ever blocking the sale itself.
The Principle: the Co-ownership Cannot Oppose the Sale
Being a co-owner of an apartment means holding a lot made up of a private portion (your home) and a share of the common areas (entrance hall, roof, elevator, etc.). This status gives you full and complete ownership of your lot, protected by the Code civil. Neither the syndicat des copropriétaires, nor the conseil syndical (co-ownership council), nor the syndic may oppose your decision to sell, or require a vote at a general meeting to validate the transaction.
An Individual Property Right Guaranteed by Law
The law of 10 July 1965, which sets out the status of co-ownership, clearly distinguishes collective decisions (works, budget, internal rules) from individual acts of disposal, which include the sale. You remain free to set your price, choose your buyer and sign a preliminary sales agreement without consulting your neighbors.
The Role of the Syndic: to Inform, Not to Authorize
The syndic has no power to block a sale. Its role is limited to providing administrative and financial information about the building, which is essential for the proper information of the buyer. It may neither delay nor refuse to issue these documents, except possibly in the event of unpaid charges by the seller, which must be settled at the signing at the notary's office.
Mandatory Co-ownership Documents (ALUR Law)
Since it came into force in 2014, the ALUR law has considerably strengthened the information provided to the buyer of a co-ownership lot. These documents must be attached to the preliminary sales agreement or handed over before it is signed, failing which the buyer's cooling-off period may be extended.
Documents to Provide from the Preliminary Agreement Stage
- The co-ownership regulations (règlement de copropriété) and the descriptive statement of division, together with any published amendments.
- The minutes of the general meetings of the last three years.
- The building's maintenance log.
- The co-ownership's summary sheet, which sets out the essential financial and technical data.
- The pré-état daté, provided by the seller before the preliminary sales agreement is signed, stating in particular the amount of current charges and the available works fund.
The État Daté: a Key Document at the Time of the Final Sale
The état daté is drawn up by the syndic at the request of the notary, generally a few weeks before the signing of the authentic deed. It sets out precisely the seller's financial situation with regard to the co-owners' association (sums owed, advances, provisions) and that of the co-ownership itself (overall debt to suppliers). This document, for which a fee is charged, determines how charges are apportioned between seller and buyer and must absolutely be up to date on the day of the sale.
The Global Technical Diagnosis and Other Collective Diagnoses
Since 1 January 2025, all co-ownerships must have a global technical diagnosis (DTG), including the smallest ones. This document provides a complete assessment of the condition of the building: structural soundness, regulatory compliance, energy performance and medium-term works needs.
Is the DTG mandatory for selling?
Contrary to a common misconception, the DTG is not a document that the seller must produce specifically in order to complete their transaction. It concerns the co-ownership as a whole and falls under the responsibility of the syndicat. However, if it exists, it must be brought to the buyer's attention, as it provides insight into the general condition of the building and any works that may be needed.
Other diagnostics to plan for
Beyond the documents specific to the co-ownership, the seller is still required to provide the standard technical diagnostic file (DDT) for their unit: energy performance diagnostic (DPE), asbestos, lead, electricity and gas, depending on the age of the property. These individual diagnostics are in addition to, and do not replace, the collective documents provided by the syndic.
Special cases that may affect the sale
While the co-ownership's approval is never required, certain legal mechanisms may nonetheless affect the timeline or conditions of the sale, without calling into question your freedom to sell.
The urban pre-emption right (DPU)
The urban pre-emption right allows the town hall to have priority in purchasing a property put up for sale within its territory, in certain zones defined by the local urban plan (plan local d'urbanisme). In practice, the notary sends a declaration of intent to sell (DIA) to the commune, which has two months to respond. This period does not call into question your right to sell: it may simply delay the signing of the final deed if the town hall wishes to exercise its right or request additional information.
Specific clauses in the co-ownership regulations
Some older co-ownership regulations (règlements de copropriété) contain particular clauses, for example an obligation to inform the syndic in the event of a change of use of a unit (conversion into commercial premises, seasonal rental, etc.), or easements specific to the building. These clauses never require prior approval for the sale itself, but may impose additional formalities depending on the future use of the property.
How to secure your sale in a co-ownership
To avoid any administrative delay, it is recommended to request the documents from the syndic as soon as the property is put on the market, rather than at the time the compromis is signed. A complete and up-to-date file reassures the buyer and speeds up the transaction.
Plan ahead when making the request to the syndic
The time needed to prepare the état daté and the ALUR documents can vary from a few days to several weeks depending on the syndic firm. Requesting these documents in advance, as soon as you are considering selling, allows you to put together a solid file even before finding a buyer.
Relying on a real estate professional
Engaging an experienced real estate advisor makes the entire process more reliable: price assessment through an accurate property valuation, collection of co-ownership documents, publication of the listing and support through to signing. You can browse the network's property listings to compare similar properties in your area.
Conclusion
Selling your apartment in a co-ownership does not require any approval from the syndicat des copropriétaires: your individual property right allows you to freely dispose of your property. The real legal requirement concerns informing the buyer, through a set of mandatory documents governed by the ALUR law, which the syndic must provide to you. By planning ahead for their collection and working with a professional, you avoid unpleasant surprises and secure every step, from the compromis through to the acte authentique.
A word from the expert
"Many owners wrongly believe that they need approval from their condominium before putting their property up for sale. This is a misconception with no legal basis: your unit belongs to you, and you alone decide whether to sell it, at the price you set, to the buyer of your choice. What really changes the experience of selling in a condominium is the quality and speed with which the syndic provides the documents. A late état daté, an incomplete maintenance logbook or missing minutes of general meetings can delay the signing of the preliminary sales agreement by several weeks and undermine the buyer's confidence. Our advice at Capifrance is simple: contact your syndic as soon as the sale project takes shape, if only to obtain an initial overview of the condominium's finances. This also allows you to anticipate potential points of concern, such as an insufficient works fund or unpaid charges within the building, and to inform your buyer clearly rather than have them discover these at the last minute. A sale that is well prepared in terms of documentation is always negotiated more smoothly and more quickly."
— Frédéric Rémy, Head of Commercial Performance at Capifrance
FAQ - Frequently Asked Questions
Do I need to ask for the general meeting's authorization to sell my apartment?
No, the sale of a condominium unit falls exclusively under your individual property rights. No vote at a general meeting is required to sell your property.
Can the syndic refuse to provide me with the sale documents?
No, the syndic is legally required to provide the documents stipulated by the ALUR law. It may nevertheless charge for certain documents, such as the état daté, and a preparation period should be expected.
What happens if I have unpaid charges at the time of the sale?
Sums owed to the syndicat des copropriétaires generally have to be settled at the signing of the acte authentique, often by direct deduction from the sale price via the notary.
Is the global technical diagnostic (diagnostic technique global) mandatory to sell my unit?
No, the DTG concerns the condominium as a whole and is the responsibility of the syndicat. If one exists, however, it must be provided to the buyer, but its absence does not block the sale.
Can the droit de préemption urbain (urban pre-emption right) prevent my sale?
It cannot prevent the sale, but the town hall may substitute itself for the original buyer if it exercises this right within two months of the déclaration d'intention d'aliéner (declaration of intent to sell).
Author
Frédéric Rémy – Director of Sales Performance
A real estate professional with several years of experience within the Capifrance network, I would like to share essential advice with you to help you successfully complete your property project with our advisors.
