Planned changes in apartment co-ownership

On 20 February 2019 a draft of an amendment to the Civil Code was submitted to the Chamber of Deputies. The amendment should simplify and refine some of the issues associated with apartment co-ownership.

One of the most significant changes presented by the amendment is the abolishment of the pre-emption right when transferring parking spaces. The pre-emption right of co-owners was introduced by the 2018 amendment and the consequence of this is that the owner cannot transfer the parking space to the acquirer together with the housing unit without the other co-owners of the garage waiving their pre-purchase right to the garage.  

The amendment also provides an explicit rule of the assignment of the transferor's debt toward the caretaker of the building to the acquirer. Thus, when transferring ownership to the unit, these debts will be henceforth transferred to the acquirer together with the unit. The debts shall be transferred under the condition that the acquirer could ascertain these debts from the declaration issued by the caretaker of the building, which is issued upon the transferor’s request.

Last but not least, the possibility of establishing the community of unit owners by the sole owner of all units is also introduced. In such case, there is no need for the statute to have the form of a public document. Changing the provision according to which unless established previously, the community of unit owners is established by the owners of units in a house with at least five units, of which at least three are owned by three different owners. Newly, at least four units will have to be owned by four different owners.

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