Leaving a vertical condominium involves overcoming several legal and technical obstacles that the mere will of an owner cannot surmount. The legal framework is based on the law of July 10, 1965, and the ordinance of October 30, 2019, supplemented by the decree of February 21, 2020. These texts regulate the division, that is, the separation of one or more lots from the rest of the building, and impose a specific process ranging from technical diagnosis to voting in the general assembly.
Energy renovation and vertical condominium: the tension factor that accelerates exits
The Climate and Resilience Law of 2021 has changed the game for small vertical condominiums. The gradual ban on renting homes classified G then F according to the energy performance diagnosis (DPE) forces condominium owners to finance extensive work: facade insulation, replacement of the collective heating system, renovation of joinery.
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The National Housing Agency (Anah), in its 2023-2024 report on fragile condominiums, points out the tensions regarding the financing of these renovations as a major factor of disagreements and blockages in assembly. Several metropolitan areas have noted since 2024 an increase in the dissolution of small vertical condominiums directly linked to these renovation plans.
A condominium owner considering leaving to escape these costs must know that leaving the condominium does not exempt them from energy renovation obligations to subsequently rent as an individual dwelling. The practical sheets from Ademe, updated in 2024, specify this. Leaving may ease management, but not the energy bill if the property remains intended for rental.
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Before initiating a procedure, it is therefore necessary to assess whether the gain in autonomy justifies the costs of division, or if staying in the condominium and negotiating a collective financing plan (Anah subsidies, zero-interest eco-loan) remains more advantageous. To better understand the steps to leave a condominium, one must first check the technical feasibility of the project.
Technical feasibility of a vertical condominium division
The first condition concerns the physical independence of the lot. In a vertical condominium, lots often share load-bearing walls, a common roof, water and electricity networks, or even a single staircase. A lot that does not have autonomous access to the public road cannot be separated without prior work.
The involvement of a surveyor is essential. This professional conducts a divisibility diagnosis that checks several points:
- The existence of independent access (private entrance, direct service from the street) or the possibility of creating one without destabilizing the building’s structure.
- The effective separation of networks (individual water, electricity, gas meters) or the cost of their individualization.
- The compliance of the lot with current habitability standards, particularly the minimum area and ventilation, once the lot is made autonomous.
The surveyor then produces a division plan that will serve as the basis for the modification of the condominium rules. Without this document, no general assembly can validly rule on the request for division.
Land and property rights
In certain vertical condominiums, the land does not belong entirely to the condominium owners but falls under a specific land regime (emphyteutic lease, co-owned land). The legal divisibility of the land must be verified by a notary even before soliciting the surveyor. If the land is not divisible, the division is blocked, regardless of the physical configuration of the building.
Voting in the general assembly and required majority
The request for division must be included in the agenda of a general assembly by the property manager. The requesting condominium owner sends a registered letter to the property manager, attaching the technical file (division plan, divisibility diagnosis, draft modification of the condominium rules prepared by a notary).
The vote is conducted by the majority of Article 25 of the 1965 law, that is, the majority of the votes of all condominium owners (present, represented, and absent). In practice, in a small condominium of four or five lots, a single opposing owner with a significant share of the tantièmes can block the project.
If the majority of Article 25 is not reached but the project receives at least one-third of the votes, a second vote can take place by simple majority (Article 25-1). This bridging mechanism is often unknown and can unblock tense situations.
Refusal of the assembly: what recourse
A refusal in the general assembly is not final. The condominium owner can contest the decision before the judicial court within two months if they believe that the refusal constitutes an abuse of majority. Field feedback varies on this point: judges assess on a case-by-case basis, and case law remains sparse on divisions of vertical condominiums compared to horizontal condominiums.
Costs and formalities after a favorable vote
Once the division is voted, several expenses are added to the initial technical file:
- The notary’s fees for drafting the modification of the condominium rules and its publication in the property file.
- The fees for the surveyor for the modification document of the descriptive state of division.
- The recalculation of charges for the remaining condominium owners, since the tantièmes of the exited lot must be redistributed.
- Any work for separating networks and creating independent access.
The exiting condominium owner remains liable for the charges called before the effective date of the division. However, the calls for funds voted after the division no longer concern them, provided that the publication in the property file has been carried out.
Redistribution of tantièmes
The departure of a lot modifies the distribution of charges for all remaining condominium owners. The tantièmes of the exited lot are canceled and not redistributed proportionally: the notary recalculates the entire grid. This operation can significantly increase the share of each remaining condominium owner, which explains part of the resistance at the time of the vote.
Leaving a vertical condominium remains a lengthy operation, generally extending over several months between the initial request to the property manager and the publication of the division. The technical complexity of a high-rise building, where networks and structure are shared from top to bottom, makes each file unique. Checking feasibility before incurring surveyor or notary fees avoids paying for a project that will hit a load-bearing wall or face an unfavorable vote.