The procedure for obtaining a permit for the construction of a residential building. Features of the construction of monolithic structures. Construction of high-rise residential buildings

The aim is to ensure that the general meeting of shareholders makes an informed decision. This approach usually makes a difference when creating an extension or in an attic. Specifications may qualify and indicate intended materials. In particular, for work that may alter the structure of a building or impose additional burdens, it may be imposed by the regulation of joint ownership by the preparation of an expert report by a specialist.

Convening a general meeting

The goal is to ensure that the condominium does not compromise the security of the building. Underwriting damage insurance is sometimes imposed by cross-ownership rules, in which case it may be prudent to provide a certificate. The general meeting is called by a joint-ownership syndicate.

Annually: Annual session is mandatory mainly for voting on the projected condominium budget; Outside of Annual Session: A co-ownership syndicate may call a special general meeting at any time in addition to the mandatory annual meeting. Decisions on private jobs, subject to the approval of the General Assembly, are usually made in special sessions. If he does not take the initiative, you can still ask the syndicate to convene a special general meeting. This petition is expressed.

One or more co-owners representing at least one quarter of the votes of the co-owners. It belongs to the trade union council or a co-owner, who can send a written request to a proxy in the bailiff's case or by certified mail with confirmation of receipt.

The syndicate must call a general meeting by sending each of the co-owners a notice by certified mail, acknowledging receipt, at least 21 days in advance of the meeting. The letter of invitation to the general meeting contains the required information, the main and additional agenda and related documents.

The agenda may include the one that was sent to the syndicate by the co-owner who requests an agreement on its private work... The documents accompanying the notice must allow co-owners to discuss with full understanding of the facts. WITH practical point In view, the attached documents attached to the letter of convocation correspond to the elements sent by the applicant for work when he applied for inclusion in the agenda.

In addition, it should be remembered that in most cases concerning this note, an absolute majority of all co-owners or a double majority is required. This means that even those who are absent are taken into account when voting. Therefore, it would be ideal not to require a special general meeting devoted exclusively to private works, especially if they do not concern other co-owners.

General Assembly meeting

On the one hand, the risk will be that the leniency will be relatively large, and on the other hand, the costs will be borne only by the co-owner requiring a special general meeting. An annual or special meeting of the General Assembly allows its participants to discuss and vote on agenda items.

Voting and minutes taking at the end of the meeting

An interested co-owner has the opportunity to clarify or even defend his project in order to convince the general meeting. The draft submitted to the co-owners is subject to a vote of the general meeting, the votes of which are expressed in the guidelines. In order to obtain consent for joint ownership, it is necessary to obtain a double majority, absolute or unanimity in accordance with the content of the works.

Recall that private works affecting common parts or the external aspect of the building should receive an absolute majority. Jobs eligible for travel in common areas must receive a double majority. Lifting work or building a building for personal use should be unanimous.

Example of minutes allowing a condominium to operate

Whether the vote is positive or not, the decision is recorded in minutes drawn up by the co-ownership syndicate at the end of the meeting. At the risk of being discouraged, it should be remembered that agreement at a general meeting is often the first step for legal construction in joint ownership.

What kind of work should be planned?

Indeed, according to their content, the work must additionally be subject to obtaining a preliminary declaration of work or a building permit issued by the town hall. First of all, it is important to understand that the condominium system is not of interest to urban planning services.

Works that change the appearance of the building

No distinction is made depending on whether the job is. Whether public or private, whether they comply with co-ownership rules or even in principle, whether the beneficiary of the works has received consent to the general meeting. For example, installing a skylight, changing a roof or installing an antenna requires filing a declaration.

Building permits

These are residential condominiums that are mostly interested. A building permit consists of elements of common law, viz. Forms: Building permit form and tax calculation form. In addition to these documents, other documents may be required depending on the location of the land and the scope of the project.

Preliminary declaration of joint ownership

Work on existing construction

Other parts may be required as part of a building permit depending on the location of the land. Should the minutes of the general meeting with the application for a building permit be transmitted? With regard to projects subject to a preliminary declaration of work, the Council of State considered that there was no need to include the approval of the General Assembly upon request.

However, this issue remains fragile, especially in the context of a project eligible for a building permit. Thus, in the absence of a General Assembly authorization, case law once indicated that the administration should have rejected or refused permission to create, without the citizen's ability to complete his file, he knew that real estate is subject to the co-ownership regime.

However, the administration did not decide on the validity of the permission granted by the General Assembly. In addition, if the certificate is false, the building permit is considered fraudulent. It can then be revoked at any time at the request of the condominium.

It remains best to remain very pragmatic. Indeed, in addition to the various solutions outlined above, it is clear that it is advisable to attach to the application the permission to approve the general meeting in all cases. The consent of the General Assembly in any case to require work to be carried out legal grounds, it is not mandatory for the protocols to be included in the building permit file.

Grade: Condominium Construction, Warrior's Journey?

If it is illegal, it is futile to obtain an administrative agreement and impose it on other co-owners without being able to express itself at the general meeting or if the general assembly is expressed unfavorably. A co-owner wishing to undertake work affecting common elements, the exterior of the building or the right of way to common parts must enter into two agreements.

The consent of the co-owners, which is expressed by a double, absolute or unanimous majority in the General Assembly; Administration agreement, after consideration of the application for a building permit. In obtaining these agreements, consideration should be given to the schedule of meetings of the General Assembly and the deadline for processing the application.

In addition, the co-ownership rule may impose certain additional restrictions: the job must respect the destination of the building, the co-owner can have a job supervised by a professional, or explicitly sign up for job damage insurance.

Most cruel, the outcome remains uncertain. Therefore, the ideal, long before the project, ensures his chances of getting an agreement. Therefore, contact of other co-owners, the union council and municipal services with the first sketches of the project, apparently, it is necessary to avoid all these efforts.

Take advantage of the waiting period between two general meeting meetings by presenting your town planning certificate at the town hall. The Operational Planning Certificate is a document that allows the administration to assess the compliance of the project with the urban planning rules.

The training period for an operational planning certificate is two months. Since the meeting of the general assembly can take quite a long time, and if the schedule allows it, it is advisable to use this time by submitting a town planning certificate to town planning.

In order to optimize the quality of the administration's response, it is advisable to submit with the planning certificate a plan of the facades and roofs of the initial and future state in addition to the site plan and description of the work. These documents must in any case be included in the application for a building permit in addition to being presented at the general meeting of the co-owners.

In the case of a positive conclusion, the planning certificate can be an argument to be put forward in the overall assembly. Moreover, given the content of the planning certificate, a positive opinion strongly indicates that the application for a building permit should be accepted by the administration.