Working hours for building work in co-ownership

You have just bought a flat in a co-ownership building (copropriété) and the neighbours upstairs start renovation work at 7 a.m. on a Sunday? Or perhaps you are an owner who wants to carry out improvements without turning the whole co-ownership against you? The question of working hours for building work in co-ownership is a source of many disputes between co-owners and requires a good knowledge of the co-ownership building works rules. This article takes you through the applicable rules, the possible exceptions and the remedies available where they are not complied with.

The general rules on working hours in co-ownership

The principle of peaceful enjoyment of the premises

The right to the peaceful enjoyment of one's home is a fundamental principle in co-ownership. This rule means that each co-owner must be able to occupy their property without being disturbed by excessive nuisance, in particular noise.

Where the co-ownership rules (règlement de copropriété) contain no specific provision, the provisions of the Civil Code on neighbourhood disturbance apply. Co-owners must show moderation and tolerance in exercising their right of ownership.

The default legal hours

Most French municipalities have adopted municipal orders (arrêtés municipaux) regulating the hours of noisy work. These texts generally provide:

• Working days: work permitted from 8 a.m. to 7 p.m. (sometimes 8 p.m.)
• Saturday: work permitted from 9 a.m. to 6 p.m.
• Sunday and public holidays: work prohibited, subject to exceptions

Take the example of Julien, who owns a flat in the 15th arrondissement of Paris. He wants to redo his bathroom and have tiling carried out. The Paris prefectoral order allows him to carry out this noisy work from Monday to Friday from 8 a.m. to 7 p.m. and on Saturday from 9 a.m. to 6 p.m., but expressly prohibits any work on Sunday.

The role of the co-ownership rules

Clauses specific to working hours

The co-ownership rules may contain provisions that are more restrictive than the municipal regulations. This contractual document, which is enforceable against all co-owners, may in particular:

• Reduce the permitted time slots
• Prohibit certain types of work at specific times
• Require a prior declaration to the property manager (syndic)
• Provide for penalties in the event of non-compliance

Prior authorisation at the general meeting

For major works likely to affect the co-ownership as a whole, authorisation at a general meeting may be required. This requirement applies in particular to:

• Works affecting the common parts
• Alterations to the structure of the building
• Works lasting longer than a certain threshold

Practical case: Marie wants to transform her kitchen and knock down a load-bearing partition in her 80 m² flat. Even if the work takes place within her private part of the building, altering the structure requires the approval of the general meeting. The property manager will have to include this request on the agenda of the next meeting, in accordance with the Law of 10 July 1965 on co-ownership. The rules on convening meetings, placing items on the agenda and voting are set out in our complete guide to the co-ownership general meeting.

The different types of work and their time constraints

Routine maintenance work

This work, regarded as normal, generally benefits from broader tolerance:

• Minor plumbing repairs
• Replacing a tap
• Painting and wallpapering
• Changing quiet floor coverings

Suppose Pierre has to repair a water leak in his bathroom on a Sunday morning. Although the municipal order prohibits work on Sundays, the urgent and necessary nature of the repair generally makes it acceptable, provided noise is kept to the strict minimum.

Noisy work subject to restrictions

Some work causes significant nuisance and is subject to particular restrictions:

• Drilling and demolition
• Use of power tools (drill, grinder, etc.)
• Jackhammers and similar equipment
• Deliveries of heavy materials

These activities must comply with the working hours for building work in co-ownership set by local regulations.

Emergency work: a notable exception

Emergency work is a major exception to the restrictions on hours. The following are regarded as urgent:

• Repairs to significant water leaks
• Interventions on dangerous electrical installations
• Securing elements at risk of falling
• Repairs following damage (fire, water damage)

The management of works by the property manager

The role of information and coordination

The co-ownership property manager (syndic) plays a central role in managing works. In accordance with Article R138-1 of the French Construction and Housing Code, the co-ownership property manager invites competing bids from contractors for the carrying out of this work where energy-saving works are decided by the general meeting.

The property manager must in particular:

• Inform co-owners of the planned works
• Ensure compliance with the permitted hours
• Coordinate interventions to limit nuisance
• Receive and deal with complaints

The procedure for declaring works

Many co-ownership rules require a prior declaration to the property manager before work is undertaken. This formality allows:

• Better coordination between the different building sites
• The other co-owners to be informed
• The conformity of the project to be checked
• Protective measures to be put in place if necessary

Take the example of Sophie, who wants to renovate her entire flat in a high-end residence. The co-ownership rules require a declaration to the property manager 15 days before the start of the work, together with a detailed schedule and the list of contractors involved. This procedure allows the property manager to organise access to the car park for deliveries and to inform the immediate neighbours of the temporary nuisance.

Penalties for non-compliance

Amicable measures

Where working hours are not complied with, several amicable solutions may be considered:

• A reminder from the property manager
• Mediation between the parties concerned
• A written formal notice
• Negotiation of an acceptable schedule

Penalties provided for by the rules

The co-ownership rules may provide for financial penalties in the event of breach of the rules:

• Fixed fines for each infringement
• Reimbursement of costs incurred by the property manager
• Temporary suspension of the right to carry out works
• Engaging civil liability

Court remedies

Where amicable solutions fail, several court remedies are available:

• An action to stop the disturbance before the tribunal de grande instance
• A claim for damages for the harm suffered
• Summary proceedings (référé) to stop the nuisance immediately
• An action for termination of the sale contract (extreme cases)

Practical case: Antoine has endured works every day from 7 a.m. to 10 p.m. for three weeks in the flat above, in flagrant breach of the municipal order. After several letters went unanswered, he applies to the court in summary proceedings. The judge orders the immediate cessation of the works outside the legal hours, subject to a penalty of €100 per day of delay.

Specific features depending on the type of co-ownership

Recent residences and their requirements

Recent co-ownerships tend to adopt stricter rules on works:

• Reduced hours (9 a.m. to 5 p.m. on weekdays)
• Total ban at weekends
• Obligation to file a detailed technical file
• Mandatory coordination with the property manager

Older buildings and tolerance

In older buildings, particularly in city centres, a degree of tolerance has often developed:

• Acceptance of extended hours to offset access constraints
• Flexibility on early-morning deliveries
• Case-by-case management depending on the urgency of the work

Consider Clémence, who owns a flat in a Haussmann-style building in the 7th arrondissement. The narrow stairwell and the absence of a lift require the workers to start deliveries at 7.30 a.m. to avoid the rush of residents leaving for work. The property manager, aware of these constraints, exceptionally authorises these extended slots subject to one week's notice.

High-end co-ownerships and their strict rules

Upmarket co-ownerships generally impose heightened constraints:

• Approved contractors only
• Very restrictive hours (10 a.m. to 4 p.m.)
• Mandatory deposit for damage
• Increased monitoring of access

Practical advice for complying with the rules

Preparing the work in advance

Good preparation avoids most disputes:

• Consulting the co-ownership rules
• Checking the municipal orders
• Informing the neighbours beforehand
• Realistic planning of the interventions

Communication with co-owners

Transparent communication makes temporary nuisance easier to accept:

• Posting the works schedule
• Distributing an explanatory letter
• A contact number in case of problems
• A commitment on the maximum duration

Choosing contractors

Favouring contractors experienced in co-ownership works has several advantages:

• Knowledge of the co-ownership building works rules
• Natural compliance with the imposed hours
• Suitable equipment to limit nuisance
• Appropriate insurance

Take the example of David, who chooses a contractor experienced in co-ownership renovation to redo his parquet floor. The craftsman spontaneously offers to use quieter tools, to protect the common parts and to comply scrupulously with the hours in the internal rules. This professional approach avoids any conflict with the neighbours. On the binding force of this document as against the co-ownership rules, see our analysis of the value of the co-ownership internal rules.

Remedies in the event of disturbance

The internal complaints procedure

Before any external remedy, internal solutions should be preferred:

• A letter to the co-owner at fault
• Referral to the property manager in writing
• A request to have the matter placed on the agenda of the general meeting
• Mediation by a neutral third party

Intervention by the municipal authorities

If internal steps fail, the municipal authorities may intervene:

• Recording of the nuisance by the municipal police
• Formal notice to comply with the municipal order
• Issuing of fines for recorded infringements
• Administrative suspension of the works

Specific court actions

Several types of action may be brought before the courts:

• Summary proceedings (référé) for immediate cessation of the disturbance
• An action on the merits for damages
• Urgent procedure in case of danger
• A collective action by the co-owners affected

Practical case: Isabelle and five other co-owners have endured major refurbishment work in the neighbouring flat for two months, with daily nuisance from 6 a.m. to 9 p.m. After amicable steps failed, they bring a collective action and obtain €2,000 each in damages, together with an order requiring the party at fault to comply with the legal hours. The main types of disputes between co-owners and the right time to seek advice are set out in our article on co-ownership disputes in Paris.

The liability of the different parties

The liability of the co-owner

The co-owner who undertakes works bears several responsibilities:

• Compliance with the co-ownership building works rules
• Prior information of the parties concerned
• Supervision of the contractors involved
• Making good any damage caused

The liability of contractors

Contractors working in co-ownership buildings also have obligations:

• Knowledge of and compliance with the permitted hours
• Limiting nuisance to what is strictly necessary
• Professional civil liability insurance
• Cleaning of the common parts used

The liability of the property manager

The property manager must ensure that works in the co-ownership run properly. Under Article R138-3 of the French Construction and Housing Code, the co-ownership property manager monitors and takes delivery of works intended to allow reservations to be lifted where works have been carried out in the co-ownership.

Summary and practical recommendations

Managing the working hours for building work in co-ownership requires mastery of several levels of regulation and a preference for dialogue between the parties concerned. The essential points to remember are as follows:

• Systematically check the co-ownership rules and the municipal orders before undertaking work
• Proactively inform the co-owners and the property manager of your renovation plans
• Comply scrupulously with the permitted time slots to avoid any conflict
• Prefer consultation with the neighbours for major or long-running works
• Do not hesitate to call on a real estate law professional in the event of a persistent dispute

Given the complexity of the co-ownership building works rules and the often substantial financial stakes, the assistance of a lawyer who focuses on real estate law can be valuable, both for co-owners wishing to carry out works and for those suffering excessive nuisance.