Apartments & Co-ownership

Legal insights on apartment law, the Association of Co-owners (ACO) and the rights and obligations of co-owners.

11 articles

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Owners' association (ACO): powers, decisions & your rights

The association of co-owners manages your building, but its competence has limits. Who decides on works to the common parts? When can you contest a decision? May the syndic sue alone? And what do you do if the ACO remains inactive while it rains in your apartment?

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Sub-associations in large complexes: who decides on what?

Large sites are often managed by a main association alongside several sub-associations. Each association decides only on its own parts as designated in the deed of division. Discover how powers are divided and which association you must precisely address in the event of a dispute to avoid procedural mistakes.

20 September 2026

Scope of the Belgian Co-ownership Act: does it apply to your building?

Co-ownership law reaches beyond the classic multi-storey building: it also applies to holiday parks, horizontally divided sites and co-ownerships with only two lots. Discover when the mandatory regime kicks in, whether you can withdraw a building from it and what the consequences are.

5 September 2026

Acts of disposal in a co-ownership association: the 4/5 majority explained

For acts of disposal over common parts, the law requires a four-fifths majority. Since the Court of Cassation's ruling of 9 March 2023, that quorum alone is no longer sufficient: the decision must also pass an ECHR proportionality test. Read here what that means for the reasoning behind serious co-ownership decisions.

21 August 2026

Exclusive Right of Use over Common Parts: What Are You Allowed to Do?

A garden, roof terrace or storage room used by only one apartment: an exclusive right of use does not make you the owner, but it does impose the maintenance burden. Discover what you may install, when permanent structures are unlawful, and whether such a right can lapse upon a change of function.

5 August 2026

EV charger or heat pump in an apartment: what is allowed without consent?

You want an EV charger, a heat pump or an air-conditioning unit with an outdoor module. Is a registered letter to the managing agent enough, or does the general assembly need to approve? The notification procedure of Article 3.82 of the New Civil Code is a genuine legal right, but its scope is narrower than many owners think — those who misjudge its limits end up facing a demolition order.

21 July 2026

Appointing or replacing the syndic: how to go about it

What if the syndic fails to do their job? What if there is none at all? What if they delegate their duties to an employee without BIV/IPI accreditation, or hold the file hostage upon leaving? The appointment, replacement and court-ordered replacement of the syndic explained, guided by recent case law.

6 July 2026

Irregular or unlawful GA decision: what can be challenged?

The general assembly has ruled and you fundamentally disagree. The law provides one procedure, but case law distinguishes two grounds for annulment: the irregular and the unlawful decision. Those who master the distinction choose the right strategy — and the four-month deadline runs relentlessly.

20 June 2026

Buying an Apartment Under the Breyne Act: Your Rights During the Formation Phase

You are buying an apartment off-plan. The building does not yet exist, but the association of co-owners (ACO) already exists in law. What are your rights in that twilight zone between purchase and first general assembly? Who pays what? When can you intervene? We explore the interface between apartment law and the Breyne Act.

5 June 2026

Developer clauses: why authorisations rarely hold up

You bought off-plan and the property developer gave you written authorisation for an air-conditioning unit, heat pump or terrace extension. Five years later, the association of co-owners (ACO) challenges that authorisation. Can they do that? Yes — and it is happening more often. We explain why the clause promoteur is legally fragile and what remedies you have as a buyer or as an ACO.

21 May 2026

Standing to sue in co-ownership: who can bring proceedings?

May you as an individual co-owner issue a writ yourself, or must you wait for the AoC? Standing to sue in co-ownership is non-exclusive — you can act for your share, even if the general meeting remains inactive. We set out who can do what, in which capacity, and how you can have a passive AoC ordered to perform.

5 May 2026

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Sub-associations in large complexes: who decides on what?

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