new obligations for condominiums

Little by little, bicycles are making their mark in condominiums. The law for access to housing and renovated urban planning (ALUR) of 2014 had thus provided that buildings with parking spaces for cars must include the question of works on the agenda of the general meeting of co-ownership. allowing the creation of secure spaces for bicycles (article 24-5 of the law of 1965).

More recently, the 2019 mobility orientation law provides that one or more co-owners can be authorized by the assembly to carry out the work at their expense: a solution that can be used when the rest of the co-owners refuse to carry out the work. works. In this case, the pitches are reserved for those who pay the bill.

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A decree of June 25, 2022, which comes into force at the end of December, provides details on these bicycle garages, starting with the question of their security. “This is an important question, because if cyclists think there is a risk of theft, they are tempted to park their bikes in corridors, halls or on balconies. This is often a source of conflict with the other occupants and the co-ownership regulations generally prohibit this type of use of the common areas »testifies Eric Audineau, lawyer specializing in real estate.

Be able to attach a wheel or the frame

The decree thus provides that, on parking spaces reserved for bicycles, condominiums must install fixed devices to stabilize them and attach them by the frame or by at least one wheel.

The text also specifies that parking lots and equipment must be distributed in the same place, preferably on the ground floor or in the first basement of the parking lot of the condominium. Access to the bicycle garage must be provided by a door equipped with a secure closing system. “And, when they are located outside a building, these infrastructures must be covered, lit and closed”adds Eric Audineau.

A decree of June 30, 2022, which will also come into force at the end of December, specifies the number of places to be provided depending on the building. If it is a new building, the bicycle garage must include a place for dwellings with up to two main rooms and two places per dwelling from three main rooms. If it is an old building, there must be one place per dwelling.

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Each parking lot must represent an area of ​​at least 1.5 square meters. However, there is an exception to these provisions: when no available space is accessible by a cyclist from the public space and the access cannot be adapted, the building can be released from its obligations. This may be the case when car parks are underground and have ramps that can only be used by cars and represent a danger for cyclists.

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