Carrying out work in your apartment? Property manager Syncura explains how to request permission at the General Meeting.

If you wish to carry out work in your apartment as a co-owner, you cannot simply do so. As soon as the work could affect the common areas or alter the building's appearance, you need prior permission from the co-ownership. This forms the basis of good management within any apartment building.

In most cases, this permission is granted during the General Meeting of Co-owners. Neither the property manager nor the co-ownership council can approve such work alone. Therefore, it is important to know how to submit a request correctly and how to get your question on the agenda of the General Meeting.

In this article, Syncura explains how to prepare and discuss a question regarding work during the General Meeting.

When do you need to request permission for work in your apartment?

Not all work in a private section requires permission from the co-ownership. However, as soon as your project impacts the common areas or the building's appearance, the General Meeting must decide on the matter. This applies, for example, to work on facades, windows, balconies, or technical installations shared by the building. Modifications in your apartment that may have a collective impact, such as changes to pipes or structural elements, also fall under these rules and the internal regulations.

According to the Belgian Civil Code, the authority to decide on this matter rests exclusively with the General Meeting of Co-owners.

How do you submit an application for works?

If you want to have a project approved, you must submit your application to the syndic in advance. Only in this way can the subject be placed on the agenda of the General Meeting.

The application must be submitted in writing, for example via email or letter, and must be sufficiently clear so that the other co-owners can correctly assess the project. The better your dossier is prepared, the greater the chance that the meeting can make a well-considered decision. Also consider the planning, budget, and timing of the works.

It is therefore advisable to immediately attach documents to your application, such as plans, a description of the works, information regarding the impact on the common areas, and possibly quotes from contractors. This way, you avoid disputes or potential problems later on.

The importance of a clear proposal

When submitting an application, it must not only be clearly formulated but also contain a concrete proposal that can be voted on. In practice, this means attaching a draft decision.

Such a proposal describes, among other things:

• the nature of the works on the dwelling;
• the exact site description;
• any consequences for the common areas;
• and possible changes to the appearance of the building.

Technical information or professional advice can help to better substantiate the project and obtain an appropriate response from the co-owners.

Sometimes it can be useful to involve an architect or another professional in the file. This can reassure other co-owners and helps to better answer any questions during the meeting and reach a solution more quickly.

The role of the agenda and the notice of meeting

In order to vote on a project, the item must be on the agenda of the General Meeting. Therefore, it is important that your request is submitted to the property manager on time.

In Belgium, the invitation to the General Meeting must be sent at least fifteen calendar days before the meeting.

The invitation includes, among other things:

• the date, time, and location of the General Meeting;
• the detailed agenda (including written questions from the co-owners);
• the modalities for consulting supporting documents;
• the documents required for decision-making (quotations, plans, reports, etc.);
• the proxy form.

If your request is submitted too late, it can no longer be placed on the agenda and will have to wait until a subsequent meeting.

In most cases, a request for works is dealt with during the annual ordinary General Meeting. However, in urgent or specific situations, you may also request that an extraordinary General Meeting be convened exclusively dedicated to this subject. This meeting can be organized when the situation justifies it, usually at the applicant's expense.

To be placed on the agenda, the request must be formulated clearly and unambiguously. It preferably relates to one specific subject and contains a concrete proposal for a decision on which the co-owners can vote.

Can you ask a question during the meeting itself?

During the General Meeting, you can of course ask questions or request clarifications regarding specific subjects verbally. However, there is an important difference between asking a question and having a decision made.

If a subject is not on the agenda in advance, the meeting cannot, in principle, vote on it. In that case, the question can be discussed, but any decision will only be taken at a subsequent General Meeting.

What decisions are made at a General Meeting?

The General Meeting typically deals with various subjects related to the management of the building. This concerns, for example:

• financial management (accounts, budget, charges);
• legal aspects (property manager, internal regulations, disputes);
• maintenance and renovation (renovation works, safety, energy performance);
• questions related to the life of the co-ownership.

This also involves examining the proper use of the common areas and potential impact on other residents, such as a tenant or landlord.

What majority is required for works?

Not every decision requires the same majority. The law provides for different voting rules depending on the impact of the works on the building and the applicable regulations.

For routine decisions, a simple majority is usually sufficient. When the works relate to the common areas or change the appearance of the building, a reinforced majority may be required. In exceptional cases, for example in the event of a significant modification to the common areas, unanimity may be required to reach an agreement.

The property manager always clarifies during the meeting which majority applies before voting.

What if your application is refused?

After the General Meeting, you will receive the minutes containing all decisions. If your application for works was not approved, this does not necessarily mean that the project is permanently impossible. In certain cases, you can choose to appeal; you can challenge the decision before the Justice of the Peace, for example, if you believe the refusal is unjustified or unreasonable. By law, this must generally be done within four months of receiving the minutes.

However, it is important to handle legal proceedings with caution, as abuse of legal remedies can lead to damages for the benefit of the co-ownership.

Finally

When you, as a co-owner, wish to carry out works that affect the building, it is important to follow the correct procedure. A clear application, a well-prepared file, and timely communication with the property manager make a big difference.

With proper preparation and guidance from a professional property manager like Syncura, the General Meeting can decide on projects in a transparent manner, in the interest of all co-owners.

Do you need help?

Are you unsure whether your planned apartment works need to be approved? Or do you want to be sure that your application complies with all regulations and appears correctly on the agenda?

Feel free to contact Syncura for professional advice. We are happy to assist you with a clear approach, ensuring your project is executed smoothly and in the proper order.