How Does Co-ownership Work in Luxembourg?

Co-ownership in Luxembourg is governed by the modified law of 16 May 1975 regulating co-ownership of built properties. Each co-owner holds a lot composed of a private part (apartment, cellar, parking) and a share of the common parts expressed in tantièmes or thousandths. Building management relies on three bodies: the syndic, the general meeting of co-owners, and the syndical council. Here is how it all works together.

The Syndic and General Meeting

Appointing a professional syndic is mandatory for co-ownerships with more than 5 lots (Art. 16, modified law of 16.05.1975). The syndic is the legal representative of the co-owners' association: they execute general meeting decisions, manage the budget, collect charges, maintain common areas and represent the association in court. Their mandate is limited to 3 years, renewable. The general meeting (GM) convenes at least once a year (Art. 14). It votes on the forecast budget, approves accounts, decides on works and appoints or removes the syndic. Each co-owner has voting rights proportional to their shares. Quorum is reached when present or represented co-owners hold at least 50% of shares.

Co-ownership Regulations and Shares

The co-ownership regulations are a mandatory notarial deed registered at the cadastre that defines: the building's purpose, the distribution of private and common parts, the shares for each lot, rules for use of private and common parts, and charge allocation methods. Shares determine both voting rights at GMs and common charge allocation. They are calculated based on the area, location and consistency of each lot (Art. 5, law of 16.05.1975). Amending the co-ownership regulations requires a 3/4 majority of shares (Art. 14). Common parts include: structural work, roofs, staircases, entrance halls, green spaces, main pipes and collective equipment.

Reserve Fund and Voting Majorities

Since the 2018 reform, establishing a reserve fund is mandatory for co-ownerships with more than 5 lots. The minimum annual contribution is set by the GM and must fund future major maintenance works (facade renovation, roof, elevator). Voting majorities at GMs are graduated according to the decision's importance: simple majority (50% + 1 of present/represented shares) for routine decisions (budget, maintenance); absolute majority (50% + 1 of all shares) for improvement works; 3/4 majority of all shares for amendments to co-ownership regulations, transformation works and change of building purpose; unanimity for decisions affecting private rights (modifying share allocation, removing private equipment). The syndical council, an optional body of elected co-owners, oversees the syndic's management and prepares GMs.

By Erwan Bargain, REV TEGOVA · Updated: April 2026