The concept used by Luxembourg law is the share in the common parts, proportional to the relative value of each private part. The terms 'thousandths' and 'shares', common in professional language, designate in practice the same idea, but it is the co-ownership shares set by the descriptive table of division that are authoritative.
What do thousandths represent?
A building placed under the co-ownership regime is divided into lots. Each lot comprises a private part, for example an apartment or an office, and a share in the common parts. This share is often expressed in thousandths, but the total used in the deeds may be different.
Where the titles are silent or contradictory, Luxembourg law provides that this share is proportional to the relative value of each private part at the time the co-ownership is established. This value depends on the composition, the surface area and the location of the lot, without taking its use into account.
Two apartments with the same surface area therefore do not necessarily carry the same number of thousandths. A floor level, an orientation, a layout or the annexes attached to the lot may explain a difference.
Do thousandths, shares and co-ownership shares refer to the same thing?
In practice, these words are often used to speak of the share allocated to a lot. The vocabulary may vary from one set of regulations to another. What matters is not the word used, but the number recorded in the documents and the schedule to which it belongs.
A lot may have a general share and other shares specific to certain equipment or to certain parts of the building. One must therefore avoid looking for a single figure that would explain all the expenses.
Why are there several distribution keys?
The expenses for the preservation, maintenance and administration of the common parts are in principle distributed according to the relative value of the private parts comprised in each lot. Charges relating to common equipment may, however, follow a different logic.
Failing a specific agreement, these charges are distributed according to the usefulness the equipment presents for each lot. It is this mechanism that may justify a specific key for a lift, a boiler room, a stairwell or another item of equipment serving only part of the building.
The syndic does not freely choose a key when it receives an invoice. It must identify the nature of the expense, consult the co-ownership documents and apply the distribution provided for. Where an invoice covers several items, it may need to be broken down before being distributed.
Why do two similar dwellings receive different amounts?
A difference may come from the co-ownership shares, but also from individual consumption or from the owner's accounting situation.
In a building equipped with sub-meters, part of the heating costs depends on the individual readings and another part remains common. Since the Law of 28 November 2024, the common-cost coefficient is set at 0.30 for new installations (Article 9). That coefficient does not bear on the heating line as a whole: heating costs are first split between fuel or energy costs and other heating costs, and the coefficient applies only to the fuel or energy costs. Within that mass, 70% of the costs follow individual consumption and 30% remain distributed according to the rules applicable to the building. Installations equipped with individual meters before the Law keep the coefficient chosen between 0 and 0.50 at the time of installation, with the option of replacing it by 0.30.
Finally, the individual statement may include a previous balance, a payment received after the cut-off date or an adjustment. To compare two statements, one must therefore isolate the total expense, the key applied and the operations specific to each account.
What happens when a common part is reserved for a few co-owners?
The regulations may reserve the enjoyment of a common part to one or more co-owners. This may be a terrace, a garden or a courtyard.
In that case, the routine maintenance of this part falls on those who have the enjoyment of it. Structural works, in particular waterproofing, nevertheless remain common. This distinction explains why the exclusive use of a space does not necessarily mean that all works become private.
Where certain expenses concern only a group of co-owners, they alone may be called to vote on those expenses, with a number of votes proportional to their participation. A separate rule applies where it is a matter of amending or establishing the key itself: if the charges are borne only by certain co-owners, they alone take part in that vote.
Can a distribution key be amended?
Three situations must be distinguished.
The general meeting may adapt a distribution rule to the criteria provided for by law, by a majority of the votes of all the co-owners. An amendment that does not fall within this adaptation requires, in principle, unanimity. Finally, where a new distribution becomes necessary following works or an act decided by the majority provided for by law, it may be adopted by the same majority.
If no decision is taken when a new distribution is required, a co-owner may bring the matter before the district court of the place where the building is located. Where a new key has been voted, a dissenting or defaulting co-owner may also challenge that decision within a period of two months from the notification of the minutes. If the challenge is found to be well founded, the district court may itself carry out the new distribution.
Before undertaking this step, one must check that the difficulty really comes from the key itself. A misclassified invoice or a poorly explained table can create an appearance of error without the regulations needing to be amended.
Reference texts
- Law of 16 May 1975 on the status of co-ownership of built properties (Mémorial A No 28 of 23 May 1975), in particular Articles 6 to 9, 19 and 34 — paragraphs 4 and 5 of Article 7 (equipment charges and upkeep of common parts subject to reserved enjoyment) having been added and Article 8 (amendment of the apportionment of charges) amended by the Law of 22 April 1985 (Mémorial A No 22 of 9 May 1985)
- Law of 28 November 2024 on sub-metering and the allocation of the costs of heat, cooling and domestic hot water (Mémorial A No 487 of 2 December 2024) and its implementing Grand-Ducal Regulation (Mémorial A No 488)
- Guichet.lu, descriptive table of division