Condominium law: reduction of the prescription period from 10 years to 5 years.

The new ELAN law of November 23, 2018 on the evolution of housing has reduced the limitation period of the action in terms of co-ownership.

Henceforth, the period provided for in Article 42 of the Law of 10 July 1965 has been increased from 10 years to only 5 years.

This provision is of immediate application, the limitation period therefore immediately passes to 5 years for all debts or shares arising from November 23, 2018.

Of course, if the action was introduced before that date, the 10-year period remains applicable.

On the other hand, for the debts or actions born before the entry into force of the law but whose action is introduced after November 23, 2018, the classic rules of the Civil Code are applicable to calulate the period of prescription.

Please refer to Article 2222 paragraph 2 of the Civil Code, which provides that: “In the event of a reduction in the duration of the limitation period or the limitation period, this new period runs from the date of entry into force. in force of the new law, without the total duration exceeding the duration provided for by the previous law. ”

The solution is simple: you must count down the period of 5 years from November 23, 2018 and subtract the years of prescription already passed that fell under the previous law.

This period is applicable to actions for the recovery of co-ownership expenses.

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