FAQ

Our team responds to your questions!

Find here the questions that are most asked, about rental management, purchase or sale of a property, the conditions to do works in a co-ownership… all that could be useful.

No, the former building manager can't bill anything for transferring the files to the new building manager. (La Copropriété, KRIEGER G., Portalis, 2018, p. 255) (C.A. Paris, 23ième ch B, 17 juin 1999, Loyers et copropriété, déc 1999, p. 16)

Yes, if the sound doesn’t become a nuisance. The intensity of radio and tv appliances like any other apparatus that produces sound, used within the building has to be regulated that it doesn’t annoy the neighbours.

Under no circumstance, such an apparatus can be used within a building when the windows or doors are open, neither on the balconies or in the outside air, if it may cause annoyance to third parties.

The prescriptions of the two previous paragraphs also apply to musical instruments of any kind and applies also to singing or declamations.

(Art. 21 Règlement général de police du 26 mars 2001 tel que modifié le 23 novembre 2015)

No, it is forbidden to let the engine run idle without necessity, as it is forbidden to start motorbikes our bikes with an auxiliary engine in the entrance area of buildings, passages or courtyards of residential buildings. During the night the noise caused by the closing of car doors et garage doors, as the starting or stopping of car engines should not disturb others. (Art. 27 General police rules of the 26th of March 2001 as modified on the 23rd of November 2015)

Article 3 of the règlement grand-ducal prescribing the measures of execution of the law of the 16th of May 1975 concerning the statutes of co-ownership of existing constructions says that: ”Unless other stipulations are stated in the rules of co-ownership, the general assembly is held in the commune where the building is situated.”

This means that the meeting needs to be held in the commune where the building is situated but that the rules of co-ownership (règlement de copropriété) might offer another possibility. If the meeting is held in another commune, it will be without incidence on the validity of the decisions if all owners are present. If however the meeting is held in a commune not far away form the building, a request for annulment in the courts will not succeed unless the demanding party can prove harm was caused. The obligation to hold the meeting in the commune of the building is noted in the règlement grand-ducal of execution and not in the law itself. The principle of “law and order with no exceptions” given to the law is not given to the règlement grand-ducal of execution in Luxembourg, as it is in France.

(Trib. arr. Diekirch, 4 juin 2002; "La copropriété", KRIEGER G., Portalis éditions 2011, p209)

The statute of repose is 10 years if no other limitation has been fixed by law. (art. 34 de la loi du 16 mai 1975 portant statut de la copropriété des immeubles bâtis)

The building manager can sue the co-owner without prior authorization of the General Assembly. Once the judgment has been rendered the building manager can confiscate the salary/pension or, as the case may be, the rent of the tenant of the co-owner. (Art. 14 de la loi du 16 mai 1975 portant statut de la copropriété des immeubles bâtis)

No, article 31 of the general police rules says clearly:

"The usage of lawnmowers, saws and generally all other noisy equipment is forbidden between 9pm and 8am. On Sundays and public holidays, the usage is always forbidden."

In principle one does not have to support such a nuisance as often the co-ownership rules tolerate animals if they don’t hinder the other residents. On top of that article 20 of the general police rules states:

"The owners or guardians of animals are to take all necessary measures to prevent these animals from troubling the public tranquility or the rest of residents by barking, howling or other repetitive cries."

As far as the liability of the owner goes, the law does not oblige any insurance in Luxembourg. In any case in it in your interest to subscribe a PNO (propriétaire non occupant) insurance, or a non-occupant insurance, which will cover you against any damage, especially when your apartment is not occupied at all. The PNO will cover the liability of the owner against his/her tenant (art. 1721 of the Civil Code). Your contract can also cover the costs you could incur for damages you caused to the property of others (Art. 1382 till 1386 of the Civil Code).

The house council is a group of elected owners to assist and check the building manager ((Art. 23, loi du 16 mai 1975 portant statut de la copropriété des immeubles bâtis). It is totally different from the management of the building, in which the house-council could be held accountable for its actions. Its members are not remunerated and can be elected from the co-owners and their spouses. There is no number specified by law, so it can range from one person to all the owners. It can be useful to elect a house-council, as they can demand a general assembly meeting if the building manager refuses to organize one. Apart from this the law does not specify a set of rules for its functioning.

Yes, article 31 of the law of the 16th of May 1975 concerning the statutes of co-ownership of existing constructions, does provide compensation in that case. The conditions are proper to each case.

Yes, it’s possible but only when the General Assembly gave its agreement for the construction of these units, and with a unanimous vote of all owners. (Art. 30, loi du 16 mai 1975 portant statut de la copropriété des immeubles bâtis).

In principal, no. Article 25 of the law on co-ownership obliges the public notary who handles the sale to ask the building-manager if any debts exist. The latter sends the public notary a “Building-manger certificate” which stipulates the debt to be deducted from the sale price. This money will be transferred to the account of the co-ownership or will remain blocked on the public notary’s account just until an agreement has been reached. (Art. 25, loi du 16 mai 1975 portant statut de la copropriété des immeubles bâtis)

No, he just must pay for the calls for funds before the sale date. For reference following judgement in the court of appeal: "It is wrong, that the appellants insist that a charge needs to be supported by the one who was owner at the time of the vote at the General Assembly, whilst as correctly stated by the first judge, it suffices to only consider all charges that are due at the time of the sale."

(Trib. Arr. Lux. 24 janvier 1991, 3ème sect, n°29/91 ; Elter et Schockweiler, op. cit., p. 331. ; KRIEGER, G., La copropiété, Portalis, p. 297)

In case of a sale of the property, the owner has to take care that he has covered several things, like the monthly payments approved by the General Assembly in the budget until the date of the sale, the final balance of the expense report approved by the General Assembly (if the date falls after the date of the sale), all calls for funds made by the building manager before the sale, and all works decided by the General Assembly if the call for funds was noted in the minutes of the meeting. However, the works decided by the General Assembly, without a call for funds or invoices before the sale are to be paid by the new owner.

If you choose to leave us the rental management of your property, the occupant will deal exclusively with our agency as the manager of contract. In principle, he or she will have no use contacting you directly as we will manage all inquiries.

Other than the cost of the property fixed in a contract between the seller and yourself, other costs need to be considered:

  • The costs of the deed (notary fees, other taxes due to the fiscal administration). In Luxembourg these rights are 7% of the sale price but a reduction is awarded by means of a tax credit, in case of buying a property to live in yourself). Pay attention, if you want to let the property, you will need to pay the entirety of the fiscal registration fees.
     
  • The costs of the mortgage which comes with the notary deed and the inscription of it at the Mortgage Office.
     
  • The cost of the mortgage file with the bank. These costs vary form one bank to another and are generally not very high.

As an owner of a property being let, you are generally subject to fiscal obligations. All rental payments that you may perceive are in fact subject to tax, deduction being made of the running costs (costs for repairs and maintenance, loan interest, amortizations, management costs, etc.)

Any answer that does not satisfy you or you have more specific questions? Our advisors are at your disposal.