Now that we have (almost) resubmitted the permit, I figure it’s probably time to look ahead at what we need to get done by December to sign the basic deed.
Would you have space to contact the notary and ask for:
A concrete list of things we need to do
A concrete timeline of when we need to have done what
If he would be willing to share some templates or copies of basic deeds and so-called ROIs (réglement d’ordre intérieur) that would be helpful too.
If you don’t have space, no problem of course, I can easily take over.
During my call with the notary in March she concluded that the December deadline seems feasible if we send her final plans incl. the plan de division from the geometre by end of June. However, if I understood the architects right then we should wait with the latter until we get a verdict from the commission de concertation. Before I come back to the notary and ask whether they can speed things up, I would need to know by when we can possibly count with a verdict from the cdc. Is that something that Francois may be able to estimate?
let’s continue this thread and focus on the first milestone on the way to the acte de base: reselling of lots and separation of the property (for the other steps, see the accord préalable). I suggest we use this thread to coordinate efforts, add information and correct assumptions as we go.
Basic info
The 16th of Dec 2026 marks the last possible date for us to recover the 36% of the property taxes we paid two years earler. To do so we would need to resell the property which is currently owned commonly (or: en indivision) by a group of porteur . They sell lots to the other non-porteur households individually.
Prerequisite:
A géomètre-expert should perform the following: établir le plan de division et le rapport de quotités au sens de l’article 3.85 du Code civil
These quotités are required for the contracts to sell lots from current owners (porteurs) to the rest of the group. At a later stage they are also required for statutes of the copropriété which define how much each household owns.
Current scenarios and assumptions
-the earliest commission de concertation (cdc) is on 16 Oct. This is when we’ll learn whether a permit can be granted based on the plans submitted. This date is important, because the architects advised that we should not hire a géomètre before we are certain that we’ll get a permit
-setting up the copropriété and statutes ideally coincide but could also occur later
-we do not need to be a complete group, however being incomplete will reduce the taxes that can be recovered
To explore:
-What is the timeline (and costs) of the géomètre-expert to do the job
-what is the (latest) workable date for the notary to receive the plans and quotités so that he can set up the acte de vente before the december deadline-> Richard to send a mail to the notary
Let’s double check the mechanics? For example: if one lot is unsold, does it stay with the porteurs pro quota? One of the current owners is Hannah/Jeroen, it would be really great to liquidate them to reduce the contact surface between Coral Reef and the rest of the world.
Technically it will be a bit later than that. The 16th is just the meeting, the report comes a couple of weeks later.
Are we sure about this? If we can believe ChatGPT, the basis for recovering the taxes is the sale of the site. So the way I understand it, the original buyers will sell their share also for the remaining units, and the authorities will reimburse the full 36% that they paid.
Are we sure about this? Looking at the acte de base of my current apartment, and asking ChatGPT, it seems to me that it is necessary to have a full set of statutes for the “copropriété forcée” that is being created. Let’s ask the notary?
Thank you, that’s important information, albeit not playing into our hand. In any case, we’ll need to check whether the timeline is still feasible from the notary’s point of view.
Not sure about the exchange you had with ChatGPT, please feel free to share on Nextcloud and I give it a read. Here my understanding: The current owners will not re-sell those parts that they occupy for themselves and they will also not sell units for whom we have no buyers. Instead a partial reimbursement is undertaken as mentioned on page 5 of the accord-préalable: Si la revente n’est que partielle, la demande en restitution détermine, par une ventilation contrôlée par l’Administration, la portion du prix d’acquisition afférente à la partie revendue.