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The destination of the building is a key concept for the co-owners, who defines the limits of their rights on their own property. But precisely, what is the "destination of the building" in co-ownership? Elements of answer in this article.

Destination of the building condominium, what is it?

The destination of the building is what the building is intended for. In other words, it defines the "normal" use that can be made of it, its function. A notion often related to the characteristics of the building itself (its appearance, its standing, its environment,...)

Most common examples:

  • the single use buildings residential
  • buildings intended for theexercise of an activity professional (industry, offices,...)
  • the mixed buildings for residential use but also housing business premises.

The destination of the building limits each co-owner in the use he can make of his own apartment. At the same time, it protects against misuse that can be practiced by any other occupant.

To note: the destination of the building refers to a form of "balance" in the condominium.
We will refer to the destination of the building when a future change in the condominium may jeopardize this balance.

Change the destination of a condominium property

Changing the destination of the building remains possible, but these changes must imperatively respect the SOP and the urban planning rules in force.

The transformation can take place only on the express condition of a unanimous vote of all the co-owners.

We will refer here in priority to the regulation of co-ownership. Usually:

  • Any dwelling lot must remain for this unique use of housing, except if the exercise of a professional activity is made possible by the regulation of co-ownership.
  • A business can be used to develop a new business activity, provided that:
    -> not to cause new nuisances,
    -> not to go against the condominium regulations.
  • If the bylaw does not specify anything about the change of use of a garage, it can not be used for another purpose.
  • Conversely, attics, attics and cellars can be converted into housing even if the condominium regulations specify nothing about them.

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