Co-ownership: electronic notifications, collective loan and insulation works – what the decree of 22 December 2025 changes

Co-ownership (copropriété) is entering a new phase: more dematerialisation, an operational framework for the collective financing of works and a strengthened "right of initiative" for certain energy-saving works. Decree No. 2025-1292 of 22 December 2025 (applicable since 25 December 2025) updates the pivotal Decree of 17 March 1967 and specifies how several reforms arising from the Law of 10 July 1965 are to be applied.

The "historic" regime relied on postal delivery (often by registered letter) for notices of meeting, minutes of general meetings (assemblées générales, AG), formal notices and so on. Since the 2024 reform, the principle has been reversed: notifications and formal notices are validly given by electronic means, and each co-owner may ask to receive them by post instead (Law of 10 July 1965, Art. 42-1).

I. Electronic notification becomes the rule: what matters is proof

Two "secure" legal channels

The Decree of 17 March 1967 governs the "how": notifications and formal notices may be sent (Decree of 17 March 1967, Art. 64, as rewritten):

• either by electronic registered letter (CPCE, Art. R. 53 to R. 53-4);
• or through a qualified trust service provider guaranteeing integrity, security and traceability (Decree of 1967, Art. 64-5 to 64-9).

In practice, the issue is not "a simple email": it must be possible to prove (i) the date, (ii) the content transmitted and (iii) delivery (or making available) through a robust chain of evidence.

Returning to postal delivery: a right, but with evidentiary formalities

A co-owner may return to postal delivery at any time (Law of 1965, Art. 42-1). The decree specifies, however, that the request must be made by a means that establishes with certainty the date on which the property manager (syndic) received it (Decree of 1967, Art. 64-4): in practice, registered letter with acknowledgment of receipt or hand delivery against signature. The request may also be made at the general meeting and recorded in the minutes.

Email address: consistency and updating

Where a co-owner has not opted for postal delivery, they must notify their email address to the syndic (Decree of 1967, Art. 65). Notifications are deemed validly made to the last address provided: a change of email that is not formalised becomes a risk (limitation period for challenge, formal notice deemed received, etc.).

List of co-owners: the personal data dimension

The list kept by the syndic (Decree of 1967, Art. 32), accessible to the co-ownership council (conseil syndical), may now include email addresses without prior consent. This makes collective management smoother but requires discipline as regards personal data (GDPR: purpose, minimisation, security), failing which the co-ownership may be exposed to tensions and, in some cases, to challenges. The duties of that body and its role in supervising the syndic are set out in our article on the election and role of the conseil syndical.

II. Global collective loan: reinforced formalities and impact on sales

The decree implements the global collective loan taken out by the syndicat des copropriétaires (Law of 1965, Art. 26-4, III) and the security mechanisms (notably the proposal for a joint guarantee provided for by the law, Art. 26-12, to be communicated where the loan is on the agenda).

Notice of amounts falling due: mind the information circuit

Before the due date set by the general meeting, the syndic must send each co-owner concerned a notice stating the amount due in respect of repayment of the loan (Decree of 1967, Art. 35-2). These notices likewise follow the modernised communication regime (electronic by default, or failing that, ordinary letter).

The "enriched" état daté: a key point for buyers and sellers

On a sale, the état daté (statement of the co-ownership's financial position as at a given date) must now show (i) the amount still owed by the seller under the collective loan and (ii) where applicable, the sums paid by the guarantor institution in the event of default (Decree 2025-1292, Art. 2 amending Art. 5 of the Decree of 1967). In concrete terms, the collective loan becomes a central point of negotiation (price, guarantees, escrow, apportionment clause). The apportionment of charges between seller and buyer on transfer is dealt with in our article on the settlement of co-ownership charges on a sale.

Syndic contract: new "exceptional" services

The model contract is updated to include specific services relating to setting up and managing the collective loan (Law of 1965, Art. 18-1 A; Decree of 1967, Annex 2). The decree applies to contracts entered into after it comes into force, with the possibility of an amendment for existing contracts: that vote must be prepared (majority, scope, transparency of fees) to avoid a challenge.

III. Insulation works initiated by a co-owner: the procedure is now mapped out

The Law of 10 July 1965 allows a co-owner to carry out, at their own expense, certain insulation works (roof/floor) affecting the common parts, subject to conditions and after authorisation by the general meeting (Law of 1965, Art. 25-2-1). The decree completes the mechanism: the request must be accompanied by a detailed description and a technical plan; failing that, the draft resolution is not placed on the agenda (Decree of 1967, Art. 10-1 as amended). If the general meeting grants authorisation, the works may begin only after expiry of the two-month period for challenging the decision (Law of 1965, Art. 42, para. 2; Decree of 1967, Art. 10-4 new), so as to avoid a site being started while the authorisation is still legally fragile. On the period during which a resolution remains open to challenge, see our analysis of the period of validity of a general meeting decision.

IV. Litigation risks to anticipate and available remedies

1. Nullities / foreclosure linked to notifications: an action challenging a general meeting decision must be brought within two months of notification of the minutes (Law of 1965, Art. 42, para. 2). The Cour de cassation has held that the period may run from the first presentation of a registered letter with acknowledgment of receipt notifying the minutes, even if the item is not collected (Cour de cassation, 3rd Civil Chamber, 29 June 2023, No. 21-21.708). With electronic notification, the debate will shift to proof (time-stamping, integrity, delivery).
2. Liability of the syndic: a non-compliant system, an error in an address, a failure to inform or poor implementation of the collective loan may engage the syndic's liability (Law of 1965, Art. 18; French Civil Code, Art. 1231-1 and 1240), at the initiative of the syndicat and/or of a co-owner depending on the loss suffered. In urgent cases, summary proceedings (référé) may be used depending on the context (suspension, production of documents, protective measures).
3. ‍Sales and post-acquisition disputes: an incomplete état daté, or imperfect information on the collective loan or guarantee, may give rise to disputes over the apportionment of charges and guarantees, or even open a debate on the liability of those involved depending on the circumstances.

V. Recommendations

• Co-owners / landlords: check the reference email address held by the syndic; if paper is preferred, formalise the postal option with dated proof; systematically archive notifications and proof of dispatch/acknowledgments.
• Co-ownership councils: regulate the use of the list (emails) and set internal rules for its circulation; ask the syndic for details of the evidence system used and its retention policy.
• Syndics: secure processes (qualified providers, durable retention of evidence), harmonise the information notices in calls for funds and notices of meeting, and document the chain of evidence.

In short, this decree is "technical" but its effects are very concrete: it changes habits, evidence and therefore real estate litigation in co-ownership (notice of meeting, challenges to general meeting decisions, collective loan, insulation works). In case of doubt, the analysis must be carried out "document by document": method of notification, evidence of delivery, compliance with majorities and time limits, consistency of the documentation (état daté, annexes, syndic contract).