Definition : Destination

Key concept in divided co-ownership, the destination determines the affectation of the private and common portions. It also determines the extent of co-owners' rights and protects the collective interest. It generally constitutes all the conditions under which a co-owner has acquired his private portion. The declaration of co-ownership (constitutive act of co-ownership) determines the destination of the immovable, the destination of the private portions, and the destination of the common portions.

Related articles

The destination of the immovable, of the private portions and of the common portions is a fundamental concept in co-ownerships. It is both a real regulator of the rights and obligations of co-owners and a reference value between the permit and the prohibited. The destination of the building is determined in the 1st part of the declaration of co-ownership (constituting act of co-ownership). It is it that also makes it possible to establish the type of co-ownership established and defines the use(s) that can be made of the private and common portions. It can thus be exclusively commercial or residential or residential but with the possibility of practicing a professional activity. It can also be mixed, such as, allowing shops on the ground floor and apartments on the upper floors.  
View more
The declaration of co-ownership includes the set of rules ensuring the efficient organization of a co-ownership. Its knowledge by the members of the board of directors and by each co-owner is essential to the proper operation of the co-ownership. This co-owners reference document is consulted, for example, in the case of work. For a promisor-buyer, the declaration of co-ownership contains a wealth of useful information regarding the conditions of use and enjoyment of the private and common portions. Hence the necessity of reading this document before buying, to avoid unpleasant surprises, especially as to the use one intends to make of his private portion.
View more