The Act of 30 June 1994 laid the foundations for co-ownership law in Belgium. Thirty years on, many co-owners and property managers remain unclear about the syndic's exact role, their actual powers, and the remedies available in case of failure. A full account.
What is the legal role of a syndic (building manager) in Belgium?
The syndic is the legal representative of the owners' association (ACP). They are not a "sole decision-maker" — their authority derives exclusively from three sources: the law, the co-ownership statutes, and the decisions of the general meeting. Any action by the syndic that goes beyond these three sources may engage their personal liability.
This distinction is fundamental: the syndic executes the decisions of the owners' association, they do not take decisions in its place.
The syndic's 3 core missions
The Act of 30 June 1994, amended in 2010 and 2018, assigns three broad categories of mission to the syndic. Each is governed by precise obligations and clear limits.
Mission 1: technical management of the building
Technical management covers everything relating to the conservation and proper functioning of the building:
- Building conservation: maintenance of common areas, monitoring of the building's general condition
- Emergency management: leaks, lift breakdowns, damage — the syndic has limited autonomous decision-making power here for urgent protective measures
- Maintenance contract management: lift, communal boilers, cleaning, green spaces
- Insurance management: taking out and managing the building's fire insurance, filing claims
The limit of autonomous decision-making: for works exceeding a certain amount (set in the statutes or by law), the syndic must mandatorily submit the project to the general meeting. They cannot commit the co-ownership to major works on their own initiative, except in absolute emergency situations requiring protective measures.
What co-owners are entitled to demand: a building condition report at each general meeting, a list of current contracts with amounts, and immediate notification of any significant incident or emergency.
Mission 2: financial and accounting management
This is often where failures are most serious and most difficult to detect. The law requires the syndic to maintain:
Mandatory separation of funds:
- The working capital fund: day-to-day cash flow for operating charges (water, electricity, cleaning)
- The reserve fund: savings for major future works (roof, façade, lift)
These two funds must be held in separate bank accounts, in the name of the owners' association (not the syndic). This has been a legal obligation since 2010 — any syndic who fails to observe this separation is breaking the law.
Other accounting obligations:
- Clear, transparent bookkeeping compliant with applicable standards
- Payment of suppliers within agreed timelines
- Rigorous tracking of arrears owed by co-owners
- Preparation of annual accounts submitted to the general meeting
What co-owners are entitled to demand: detailed annual accounts, bank statements for both funds, the list of debtors (co-owners in arrears on charges), and justification for any exceptional expenditure.
Mission 3: administrative and legal management
This third mission covers the administrative and legal obligations of the co-ownership:
- Publication of the mandate: any new syndic must be published in the statutes or with the Crossroads Bank for Enterprises (CBE)
- Bank accounts in the name of the owners' association: both funds must be labelled in the name of the co-ownership, not the syndic
- GDPR compliance: management of the personal data of co-owners and tenants in accordance with European regulation
- Civil liability insurance: professional syndics must be insured for errors and omissions
- Archive management: general meeting minutes, plans, contracts, correspondence
What co-owners are entitled to demand: access to co-ownership documents (plans, contracts, minutes), verification of the syndic's professional liability insurance, and copies of all acts committing the co-ownership.
The oversight bodies for the syndic
Two oversight bodies exist under Belgian co-ownership law. Their existence and powers are often poorly understood.
The statutory auditor
Elected by the general meeting, the statutory auditor is responsible for verifying the syndic's financial management. They are independent of the syndic.
Their role: to verify that the accounts faithfully represent the financial situation of the co-ownership, that the funds are properly separated, and that expenditure is justified.
Note: in many co-ownership buildings, no statutory auditor is appointed, or one is selected from among the co-owners without genuine accounting expertise. This is a significant gap in oversight.
The co-ownership council
The co-ownership council is the most important oversight body — and the least well known.
When is it mandatory? It is mandatory from 20 units (excluding cellars, garages, and parking spaces). Below this threshold, it may be established on a voluntary basis.
What is its role? Unlike the statutory auditor, who only audits the accounts, the co-ownership council oversees all of the syndic's missions: technical, financial, and administrative. It can request explanations from the syndic, consult all co-ownership documents, and make recommendations to the general meeting.
What are its actual powers?
- Access to all co-ownership documents at any time
- Ability to call an extraordinary general meeting (via the syndic)
- Report to the general meeting on the syndic's performance
- Right to take legal action on behalf of the owners' association in certain cases
The inactive council problem: in many co-ownership buildings, the co-ownership council exists on paper but never meets or plays no real role. This is a missed oversight opportunity.
What co-owners are entitled to demand
Beyond the legal framework, here are the legitimate expectations of any co-owner towards their syndic.
Responsiveness to incidents
A technical incident (leak, breakdown, damage) must generate a rapid response from the syndic — notification to the affected co-owners, engagement of an emergency contractor if necessary, and update on the follow-up. A syndic who is unreachable for several days in an emergency is in breach.
Prudence in decisions
The syndic commits the co-ownership. Their decisions must be measured, documented, and justified. A syndic who commits to significant works without comparative quotes or a general meeting vote is failing their obligations.
Clear information and AGM ratification
Co-owners have the right to be informed of all significant decisions taken by the syndic between general meetings. Decisions that exceed the syndic's ordinary mandate must be submitted for ratification at the next meeting.
Transparency on quotes and works
For any significant works, the syndic must present several comparative quotes to the general meeting. A single quote, chosen opaquely, is unacceptable practice. Co-owners are entitled to request the quotes that were not selected.
Faithful general meeting minutes
The general meeting minutes are the reference document for all co-ownership decisions. They must faithfully record discussions and votes — not only final decisions, but also the arguments made and any objections.
Co-ownership at 30: the successive reforms
The landmark Act of 30 June 1994 was substantially amended by two major reforms.
The Act of 2 June 2010
This first modernisation introduced the mandatory separation of funds (working capital and reserve), strengthened the role of the co-ownership council, and created new transparency obligations for professional syndics.
The Act of 18 June 2018
This second reform further strengthened co-owners' rights: the possibility of holding remote general meetings, stricter rules on mandates, and an extension of co-owners' right to information.
What remains to be improved: despite these reforms, co-ownership remains an area where conflicts are frequent. The main friction points are accounts transparency, syndic responsiveness, and communication on works. Digital tools such as co-ownership portals address some of these frustrations.
Seido for co-ownership buildings: track every technical job, centralise general meeting minutes, and ensure full transparency between the manager, co-owners, and contractors. This is precisely the type of tool that smooths the syndic–co-owner relationship. Discover Seido →
This article is part of Property Essentials #1 — January 2026. Also read: EPC in Brussels: co-owners soon jointly liable for energy-inefficient buildings.
Sources and references
- Act of 30 June 1994 amending and supplementing the provisions of the Civil Code relating to co-ownership, Belgian Official Gazette, 26 July 1994
- Act of 2 June 2010 amending the Civil Code to improve the management of co-ownership buildings, Belgian Official Gazette, 28 June 2010
- Act of 18 June 2018 containing various provisions in civil law and measures to promote alternative dispute resolution, Belgian Official Gazette, 2 July 2018
- Belgian Civil Code, Title II — Co-ownership, articles 577-2 and following