When buying a flat in a condominium, you implicitly accept a set of rules. However, not all regulations carry the same legal "weight". The main distinction runs between assembly regulations (the typical condominium type) and contractual regulations.
Understanding the difference is vital to know, for example, whether you can turn your office into a B&B, or whether you can change the colour of the curtains on your balcony.
1. Contractual Regulations (The "Strongest")
Regulations are called contractual when they were drafted by the original sole owner of the building (usually the developer) and referenced in the individual purchase deeds, or when they are approved unanimously (1,000/1,000 thousandths).
- What it can do — it can limit the rights of individual owners over their exclusively owned units.
- Typical examples of prohibitions — banning the use of flats as offices, medical practices or short-term rentals; banning pets (although the law today is far more restrictive on this ban); cost-sharing criteria different from the statutory ones.
- Amendments — it can only be amended with the consent of all residents (unanimity).
2. Assembly Regulations (or "Standard")
These are regulations approved by a simple majority of the residents' assembly (a majority of those present representing at least 500 thousandths).
- What it can do — it governs the use of common parts (garden, lift, stairs), architectural appearance, and administration.
- Limits — it can never prohibit lawful activities within privately owned units, nor can it change the statutory apportionment tables or the cost-sharing criteria set by law.
- Amendments — it is amended with the same majority required for its approval (500 thousandths).
Key Differences Compared
| Feature | Contractual Regulations | Assembly Regulations |
|---|---|---|
| Origin | Developer or unanimity | Assembly resolution |
| Limits on private property | Can impose bans (e.g. no B&B) | Never |
| Thousandths required to amend | 1,000 / 1,000 | 500 / 1,000 |
| Registration | Usually registered in the Land Registry | Not required |
| Cost sharing | Can depart from statutory criteria | Must follow statutory criteria |
Why does it matter in 2026?
Today, with the boom in short-term lets and energy-saving renovations, the contractual regulations have become the supreme "judge":
- Fixtures — a contractual regulation could ban the installation of outdoor air-conditioning units or solar panels if they alter the aesthetics set by the developer.
- Intended use — before buying for investment, it is essential to verify that the contractual regulations do not forbid commercial or hospitality activities.
The information contained is for guidance only. For a specific assessment contact us.