Understanding and managing dilapidation in condominiums: issues, obligations and solutions
Introduction
The obsolescence of condominiums is a major problem in France, particularly affecting buildings constructed before the 1980s. This natural wear and tear, the result of time and use, can lead to major deterioration if it is not anticipated and managed effectively. For condominium owners and management boards, understanding the mechanisms of obsolescence and the associated legal obligations is essential to preserving the value of real estate assets and ensuring the safety of occupants.LegalPlace+5Litige.fr+5Institut national de la consommation+5
I. What is obsolescence in co-ownership?
A. Legal definition of obsolescence
Vétusté is defined as the state of wear and tear or deterioration resulting from time or normal use of the materials and equipment of a dwelling. It applies to both private and common portions of a condominium.Allianz+4Litige.fr+4Institut national de la consommation+4Wikipedia, the free encyclopedia
B. Distinction between obsolescence and deterioration
It's important to distinguish between obsolescence, which is normal wear and tear, and damage caused by abnormal use or accidents. This distinction is crucial when it comes to establishing liability for work or repairs.
II. Causes of obsolescence in condominiums
A. Aging buildings
Many buildings constructed between 1960 and 1970 are in need of major renovation due to ageing materials and equipment. My Building+1Law-Finance+1
B. Lack of regular maintenance
Lack of routine maintenance, such as cleaning gutters or checking electrical installations, accelerates the deterioration of buildings.
C. Co-owners' financial difficulties
Unpaid charges and the limited resources of some co-owners can delay the necessary work, thus exacerbating dilapidation.Wikipedia, the free encyclopedia
D. Poor co-ownership management
An unresponsive property manager or an uninvolved management board can contribute to the deterioration of a building by failing to take appropriate action in good time.
III. The consequences of uncontrolled obsolescence
A. Asset write-downs
A poorly maintained building loses its value on the real estate market, making it more difficult and less profitable to resell lots.
B. Occupant safety risks
Old age can lead to safety problems, such as faulty electrical installations or weakened structures, endangering residents.
C. Increase in expenses
Emergency repairs and unplanned work generally cost more than regular maintenance, thus increasing costs for co-owners.
IV. Legal requirements for managing obsolescence
A. Global Technical Diagnosis (DTG)
The DTG is compulsory for buildings over 10 years old that have been put up for co-ownership. It enables the general condition of the building to be assessed, and any necessary work to be planned. Lefebvre Dalloz Formation+1Anah+1
B. Pluriannual Work Plan (PPT)
Since January 1, 2023, condominiums with more than 200 lots must draw up a PPT. This obligation will be extended to co-ownerships with between 51 and 200 lots in 2024, then to those with fewer than 51 lots in 2025. Boursorama+4Anah+4Le Monde.fr+4
C. Work fund
The law requires the creation of a works fund, paid into by co-owners, to anticipate expenditure on major works. copropriete.hellio.com+1copropriete.hellio.com+1
V. Solutions for preventing and managing obsolescence
A. Setting up regular maintenance
Drawing up a maintenance schedule for common areas and equipment allows you to detect signs of disrepair and intervene quickly.
B. Energy audits
An energy audit identifies the building's weak points in terms of energy performance and proposes solutions for improvement. Wikipedia, the free encyclopedia
C. Access to financial aid
Schemes such as MaPrimeRénov' Copropriété and the collective eco-PTZ can help finance energy renovation work. Ministry of the Economy+2Le Monde.fr+2Le Monde.fr+2
D. Involving co-owners
Raising awareness and involving co-owners in building management encourages collective, proactive decision-making in the face of dilapidation.
VI. Case study: a condominium undergoing rehabilitation
Let's take the example of a condominium built in 1975, comprising 100 lots. Faced with insulation and heating problems, the management board initiated an energy audit. The results led to the drafting of a PPT, including thermal insulation work from the outside and replacement of the collective boiler. Thanks to MaPrimeRénov' Copropriété, 40% of the costs were subsidized, enabling the work to be carried out without excessive increases in charges.Wikipedia, the free encyclopediaLeMonde.fr+1Anah+1
Conclusion
Wear and tear in condominiums is a major issue that requires proactive, collective management. By understanding the causes and consequences of building wear and tear, complying with legal obligations and implementing appropriate solutions, co-owners can preserve the value of their assets and ensure a safe and healthy living environment.
