Valuations
Surveying
Advice & consultancy20 June 2023
(Re)calculation of quotas in a co-ownership
Each master deed for a co-ownership must include a detailed co-ownership report of the quotas, along with a plan prepared by a licensed surveyor. The value of each private unit’s quota is expressed in thousandths or ten-thousandths, depending on the size and complexity of the co-ownership.
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Discover below how quotas or shares are determined and what a detailed co-ownership report includes.
What is a master deed?
A master deed defines the private units and the common areas within a co-ownership. In a typical apartment building, the individual apartments are private units, while the staircase, entrance door, and roof are considered common areas. The master deed is always drawn up as a notarial deed, which sets out the rights and obligations of all co-owners.
What is a detailed co-ownership report?
The master deed for a co-ownership includes a detailed co-ownership report, accompanied by a plan prepared by a licensed surveyor. The value of each private unit’s quota or share is expressed in thousandths or ten-thousandths, depending on the size and complexity of the co-ownership.
In many co-ownerships, there is no formal report explaining how quotas or shares were calculated, especially in buildings constructed before the law of June 2, 2010, which made the preparation of a surveyor’s detailed co-ownership report mandatory.
Occasionally, quotas are determined in a rudimentary or outdated way, which can raise questions among co-owners. The share of a private unit determines the weight of each co-owner in the co-ownership. This weight is crucial for:
- Determining the contribution of each co-owner to the working and reserve capital
- Establishing voting rights within the co-ownership
- Allocating costs and expenses among co-owners
- …
How can quotas be modified or recalculated?
Changes to quotas must be unanimously approved at the general meeting of co-owners. If unanimity is not reached, a co-owner may appeal the refusal before the Justice of the Peace within four months.
A procedure can also be initiated before the Justice of the Peace if a calculation error is discovered or if changes to the building render the original quotas incorrect.
In all cases, recalculating quotas, whether through a general meeting or legal procedure, requires a report with a reasoned calculation of the quotas or shares. This report, prepared by a licensed surveyor, provides the legal and technical basis for the process.
How are quotas or shares calculated?
The detailed co-ownership report contains the calculation of shares or quotas in the common areas, linked to each private unit. The calculation of each unit’s quota is based on three legally defined criteria:
Net floor area
The net floor area is measured at floor level between the bounding vertical partition structures. It can be calculated from a digital CAD or BIM plan prepared by the architect. If no digital plan is available, a licensed surveyor can measure the building in detail using 3D laser scanning. This method causes minimal disruption to building users and allows efficient measurement of up to 15,000 m² per day. The surveyor then converts the data into detailed floor plans, clearly defining the boundaries and net floor area of each private unit.
Designation (intended use)
The intended use of each private unit is also taken into account—such as cellars, apartments, commercial spaces, or terraces. Interior spaces generally carry more weight than balconies, terraces, or gardens. Commercial units are weighted differently than residential units or garages.
Location
The relative location of each private unit within the building is considered as well. Factors such as the presence or absence of an elevator, the view, orientation, and natural light exposure all influence the calculation.
The methodology, calculations, and conclusions are compiled in a detailed report, signed by an independent surveyor. The surveyor submits the building plan, with the boundaries of all private units, to the Cadastre for pre-registration and the notary attaches it to the master deed.
Regularization
Quota calculations can become outdated if the building undergoes changes. The current state may no longer match the approved legal status. If permit-required works were carried out without approval, the recalculated quotas cannot take legal effect. A notary can only formalize a modified deed of basis once the co-ownership has obtained all required permits. In practice, a regularization process may be required. Examples where CC Experts handled both quota recalculation and permit regularization include:
- Changing an office into a residential unit
- Expanding a rooftop terrace of an apartment
- Extending an apartment by converting the attic
- Merging two apartments into one
- Dividing a large apartment into two units
- Constructing terraces or hardscapes in gardens with exclusive use rights
- …
Our references
The surveyors at CC Experts have assisted property managers and co-owners with numerous projects involving the recalculation of quotas in co-ownerships:
- Recalculation of quotas and full surveying of a co-ownership in Ghent with 85 apartments, 85 storage units, and 38 parking spaces
- Recalculation of quotas for a triplex apartment in Knokke-Heist, including regularization following attic conversion
- Recalculation of quotas for a penthouse in Antwerp following the expansion of the rooftop terrace
- Recalculation of quotas and surveying of a co-ownership with 18 apartments in Ghent, including regularization of one private unit due to a change of use from office to apartment
Recalculating quotas in co-ownership
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