Opening a load-bearing wall: how do you get the co-owners' approval?

Opening a load-bearing wall: how to get the co-owners' approval?

Co-owners' authorization to take down a load-bearing wall: a required step

When a co-owner or resident wants to take down a load-bearing wall, they must obtain the authorization of the co-owners' representative before starting the work. This authorization is not needed for a simple partition. If this step is not taken, or if the co-owners' association has not agreed to the opening of the wall, the association can bring legal action.

Indeed, when a load-bearing wall is removed, the stability of the building's structure is compromised. All co-owners are therefore affected and may object. The consequences of removing a load-bearing wall are many: cracks appearing in the walls, sagging floors, a destabilized structure, and so on.

Given all these risks, the co-owner who wants to carry out this work must take out structural works insurance (dommage-ouvrage). However, the premium is generally high (up to 8% of the total cost of the work) and insurers set a threshold of 4,000 to 5,500 euros. There is a way to reduce the premium for this insurance: choose a general contractor, who must hold insurance in order to operate.

Asking the co-owners for authorization to take down a load-bearing wall: what are the steps?

Before approaching the property manager who represents the co-owners, or the co-owners' association, it is advisable to study your project thoroughly. Turn to a qualified engineering office that can examine the structure of the building. The experts can define the best method for taking down the load-bearing wall and give you precise drawings showing the ideal positions and sizes for the beams, the type of steel to use and the most suitable construction techniques.

The second step is to choose a general contractor who knows the ins and outs of this kind of project and who holds ten-year insurance with cover suited to demolition and reinforced concrete work. You will need a copy of the chosen company's insurance contract to complete your authorization application to the co-owners. The person in charge will check that the document is valid. Some contractors do not hesitate to use forged documents. To check, simply contact the insurance company and ask whether the contractor has taken out the policy and the cover that applies to you for the current year.

Next, consider having a joint condition survey (EDLC) carried out, even though it is not required to obtain the co-owners' authorization for your load-bearing wall demolition. This document will protect you from the ill intentions of your neighbors. Some may try to blame you for structural problems that already existed before your work. You must call on a bailiff (huissier) for the joint condition survey, which will cost you around 400 euros on average, but it is an expense that ensures your protection.

Once you have all these documents in hand, you can submit your application to take down a load-bearing wall to the co-owners' representative. You must wait for the next General Meeting (ordinary or extraordinary) so that the co-owners present and represented can vote for or against your work. You can ask your property manager to call an extraordinary General Meeting, but you will have to pay all the costs that result. You will receive a proper invoice issued by the property manager.

Acting in line with the building's co-ownership rules

Before starting work to take down a load-bearing wall, it is strongly recommended to understand the terms of the co-ownership rules so as to comply with the conditions they set out. The rules vary depending on the architecture of the building. If you need to demolish a load-bearing wall inside your apartment, in a vertical co-ownership (apartment building), you must follow these steps:

a- Ask the property manager for the contact details of the architect who drew up the building's construction plans. If you really cannot reach them, you can consider contacting another architect. This professional will need to prepare the new plans that you will show to the other co-owners during the General Meeting. This is why involving the building's architect is strongly recommended.

b- For your project, it is advisable to contact only specialist companies for a quote. Do not entrust this work to inexperienced contractors, to avoid serious consequences that will cost you more.

c- You are required to use an engineering office to carry out a joint condition survey when the load-bearing wall to be demolished is shared by several apartments or separates the home from the common areas. The engineering office in charge of the joint condition survey must write a detailed document on the visible damage in the neighboring apartments and in the common areas before the planned work begins. The private-signature report could be drafted by the building contractor or the engineering office that will handle the demolition of the load-bearing wall. A bailiff (huissier) will then draw up an official report to give the document legal value. The information it contains will protect you if a problem arises.

d- Contact your building's property manager so that your project is put on the agenda of the next General Meeting. Give the manager all the documents that support your request: all co-owners will be able to learn about the work you want to carry out by reading these documents, which will be sent out with the notice of the General Meeting.

e- During the General Meeting, the co-owners present and represented can discuss the project before voting on it. Your project will then be approved or not.

Note that the steps for taking down a load-bearing wall in a horizontal co-ownership (houses) are the same if the wall in question is a shared party wall.

We are here to help. If you have any questions, do not hesitate to contact us.

BET Structuris is OMPT's main partner and is in charge of preparing the calculations and technical studies before structural works are carried out.