Safety in condominiums: responsibilities and legal obligations in the event of accidents
Introduction
Safety in condominiums is a major concern, both to prevent accidents and to determine responsibility in the event of an incident. Legal obligations fall mainly on the syndic and the syndicat des copropriétaires, but may also concern maintenance companies and the co-owners themselves. This article takes an in-depth look at the responsibilities and legal obligations relating to safety in condominiums.
I. The legal obligations of building managers in terms of safety
1.1 General safety obligation
The condominium manager is responsible for ensuring the safety of building occupants. This obligation involves implementing preventive measures and maintaining safety equipment.SGL+6Luko+6Wikipedia+6
1.2 Mandatory safety equipment
Under current regulations, the property manager must ensure that the following equipment is installed and maintained.
Fire doors: separating hazardous areas from other parts of the building.Homepage / Empty+2Service Public+2SGL+2
Fire extinguishers: installed in stairwells, parking lots and boiler rooms.Théo Norme+2Service Public+2Luko+2
Smoke extraction systems: for smoke evacuation in the event of fire.
Evacuation plans posted: in entrance halls and on each floorLuko
Dry columns: for buildings where the top floor is more than 28 metres above ground.Schaeffer Avocats Immobilier+2Luko+2Homepage / Empty+2
The property manager must also ensure that these installations are inspected annually, and keep a record of the inspections carried out.Théo Norme+1Luko+1
1.3. Urgent work
In the event of imminent danger, the syndic has the power to undertake urgent work without the prior approval of the general meeting of co-owners.Luko
II. Liability of the syndicate of co-owners
The syndicat des copropriétaires is liable for damage caused by a failure to maintain the common areas, and can be held responsible if an accident occurs due to a failure to meet maintenance obligations.Manon CHEVALIER Lawyer+1Wikipedia+1
III. Responsibility of maintenance companies
Equipment maintenance companies can be held liable in the event of a malfunction leading to an accident. For example, a maintenance company was found liable for an accident caused by a faulty automatic garage door.provazur-expertise.fr
IV. Co-owners' liability
Co-owners are obliged to take out civil liability insurance. They may be held liable in the event of a claim originating from their private lot.SyndicOne+1Manda+1Public Service+1Syndic One+1
V. Case law: falling from a non-conforming low wall
A striking example of the liability of the syndicate of co-owners is the case of a woman who became paraplegic after a fall from a low wall that did not comply with safety standards. The Court of Appeal ruled that the syndicate was liable because the low wall did not comply with safety standards.Le Monde.fr
Conclusion
Safety in condominiums is a shared responsibility between the syndic, the syndicat des copropriétaires, the maintenance companies and the co-owners. Compliance with legal obligations and vigilance on everyone's part are essential to prevent accidents and determine who is responsible in the event of an incident.
