WHAT TO DO WITH THE GUARDIAN'S LODGE?
What happens to the guardian's lodge?
The condition for transforming a caretaker's lodge is that the caretaker is no longer present. This circumstance can happen when:
• Departure of the caretaker of his own volition (retirement, resignation)
• Dismissal
The caretaker's lodges are doomed to disappear and are undergoing a transformation into a residential lot, which is a market opportunity, at a time when Paris is short m² available. In addition, apartments with small areas are highly sought after. Its positioning on the ground floor allows it to have easy access for people with reduced mobility or for people practicing a liberal profession and ideal for a rental investment, which is a good rental profitability.
Remove the caretaker lodge
Removing a guardian's lodge triggers a vote for the latter by the general assembly. In addition, the lodge is part of the common areas, which leads to a change in the distribution. It will therefore be necessary to provide for a distribution of the burdens and modify the co-ownership regulations.
Renting the caretaker's lodge in co-ownership : what majority ?
The Minister responsible for housing designates that in accordance with the provisions of article 26 of Act No. 65-557 of 10 July 1965 establishing the status of co-ownership of built buildings: decisions to abolish the position of caretaker of building in co-ownership and to remove the housing assigned to this guardian must be taken unanimously.
Such a majority is required where such removal and sale constitute:
- An infringement of the terms of enjoyment of the private portions resulting from the co-ownership regulations
- Or when they affect the destination of the building.
The concept of destination of the condominium
There are several types of building destinations:
- building intended exclusively for residential purposes,
- building for main residential use with possibility of professional use,
- Mixed-use building: residential and commercial, commercial building...
Pierre Lunère
With regard to urban planning law
If the General Assembly wishes to transform the residential premises into premises for another use (commercial, offices, etc.), it is necessary to obtain from the territorially competent urban planning department an authorization for modification of use of a real nature subject to compensation.
Remember that selling the caretaker's lodge will bring money to your condominium.
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Posted on 19/05/2023 by
