The exit from a vertical condominium relies on a series of technical, legal, and tax locks that a simple reading of Article 28 of the law of July 10, 1965 is not sufficient to anticipate. Here, we detail the real friction points, those that extend timelines and generate avoidable extra costs.
Latent capital gains and taxation on exiting a vertical condominium
The exit through the buyback of shares is often preferred because it is faster than a total dissolution. However, it triggers a tax event that is frequently underestimated. To learn more, consult exiting a vertical condominium with Immopedia.
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The exiting co-owner who buys back the shares of the other lots to reconstitute a fully owned building is considered by the tax administration to be making a transfer for consideration. Transfer duties apply to the value of the acquired shares, not to the overall value of the property.
However, the calculation of the taxable base can be contested by the land registry service if the valuation deviates significantly from local market prices.
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The most common trap concerns the latent capital gain on the acquired common areas. The seller of shares is liable for the real estate capital gain calculated from the initial acquisition price of their lot, including the allowance for the duration of ownership.
In an old vertical condominium, the historical acquisition price is sometimes unavailable or negligible, which mechanically inflates the taxable capital gain.
According to the FNAIM monthly bulletin of April 2026, the individual exit through the buyback of shares is about twice as fast as a total dissolution, but exposes one to tax surcharges if the condominium regulations do not contain a rescission clause allowing for the valuation of the lots to be framed.
For those wishing to exit a vertical condominium with Immopedia, the first step is precisely to check for the existence of this clause before any negotiation on the shares.
Reevaluation of residual shares: the technical bottleneck
Once the decision to split is made, the redistribution of shares among the remaining co-owners is the first factor of delay. The ANIL study dated February 28, 2026 documents blockages of six to twelve months related to geometric assessments contested by neighbors.
The problem lies in the calculation method. Shares do not reflect the area but the relative utility of each lot, according to the criteria set by the original condominium regulations. Removing a lot from the perimeter requires recalculating this utility for all remaining lots, which modifies the distribution of general and special charges.
The appointed surveyor produces a modified descriptive state of division. We recommend involving this professional before the vote in the general assembly, and not after, so that co-owners vote with full knowledge of the new distribution grid.
- Check that the current descriptive state of division conforms to the actual configuration of the building (extensions, undeclared work).
- Obtain a structural diagnosis confirming the physical independence of the exiting lot (water networks, evacuations, private access).
- Estimate the costs of separating common areas (roof, facade, shared pipes) before any vote.
- Anticipate the modification of the condominium regulations by notarial deed, with publication at the land registry service.
Mandatory mediation and voting in the general assembly
Since 2025, mandatory prior mediation managed by the departmental chambers of notaries is required before any exit procedure from a vertical condominium. This step aims to formalize an amicable agreement and avoid judicial disputes, particularly common in small condominiums where relations between neighbors are strained.
The mediation focuses on three points: the valuation of shares, the sharing of any debts of the condominium association, and the responsibility for the compliance works of the remaining building. The notarial mediator drafts a report which, in case of agreement, serves as the basis for the draft resolution submitted to the general assembly.
Required majority and voting strategy
The split of the condominium requires a vote by the majority of Article 25 (absolute majority of all co-owners). If unsuccessful, a second vote by the simple majority of Article 24 is possible if the project received at least one-third of the votes in the first round.
In vertical condominiums with fewer than ten lots, the trend observed since 2024 shows an increase in requests for complete dissolution. Co-owners often prefer to end the association rather than bear the redistribution of charges over a reduced number of lots.
Total dissolution requires unanimity, making it theoretically more difficult. In practice, small condominiums achieve it more easily than large ones.
Settlement of charges and closure of the condominium association
The property manager must establish an account statement as of the effective exit date of the lot. Charges called but not yet due remain payable pro rata to the period of enjoyment of the common areas. The works fund (formerly the Alur fund) is not refundable to the exiting co-owner, unless otherwise provided in the condominium regulations.
The publication of the modifying deed at the land registry service formally concludes the procedure. We observe that this publication delay, often overlooked in projected timelines, adds several weeks to the overall process.
- Request a complete dated statement from the property manager before signing the notarial exit deed.
- Check for the absence of ongoing litigation involving the association, which could engage the liability of the exiting lot.
- Keep a copy of the modified condominium regulations for any subsequent resale of the now-independent property.
The exit from a vertical condominium remains a process spanning several months, rarely less than six. The determining factor is not the vote, but the quality of the technical file presented in advance. A contestable descriptive state of division or an approximate tax assessment is enough to shift an amicable project towards a long and costly dispute.