An owner refuses access for the works: what to do

One refusal can stall a project the whole building voted. The law provides for it — and for who pays the delay.

The project is voted, the contractor is scheduled, the risers must be replaced flat by flat. On the third floor, someone does not answer. Then refuses. And the contractor leaves, invoicing the wasted visit.

It is one of the most frequent and most expensive situations on a condo site, and it has a clear answer.

The principle: collective interest cannot be obstructed

An owner cannot oppose the execution of works of collective interest properly decided by the general meeting, even where those works require entering their private areas.

That is no minor exception: it is what makes riser works, embedded pipework, ventilation, façade windows and internal insulation possible at all. Without it, a single refusal would undo a collective decision.

The conditions, which are not details

• The works must have been properly voted: a fragile decision makes access fragile.
• Access must genuinely be necessary to carry them out.
• The use and substance of the private areas must not be durably altered.
• Affected owners must be warned in advance — at least eight days before the start, save urgency of safety or preservation.

The last condition is the one that most often turns against the association: access demanded the day before, without notification, is not enforceable. The notice must be notified, not slipped under a door.

What the board can do before it stalls

The outcome is decided before the first refusal, in how the project is prepared.

• Have the flat-by-flat schedule written into the contract.
• Obtain proper notification from the manager, not merely a notice in the lobby.
• Identify vacant, let or absentee-owned units early — those cause more stalls than objectors do.
• Plan a catch-up date: without one, every absence becomes a dispute.

The third line is the real cause of blockages: most often there is no objection of principle, there is a let flat whose occupant nobody warned. See what concerns tenants.

When refusal persists

It is the manager, as the association’s representative, who acts — not the board, and certainly not the contractor. The route is urgent proceedings, which can rapidly authorise access, with a daily penalty where appropriate.

See who decides on legal action: depending on the case, the meeting’s authorisation is needed, and it is better anticipated than convened in a hurry.

Refused access costs more than time: it costs contractor standby, and that ends up in everyone’s charges.

Who pays the extra cost

An owner who, having been properly warned, prevents access and causes an extra cost incurs liability: the association can seek compensation. Provided it can prove the notification, the date, the contractor’s visits and the amount.

In other words, the file is built as the works go, not when the dispute starts. See tracking works and chasing a contractor.

And compensation owed to the owner?

Access is not without consequences: where works of collective interest cause harm — loss of use, damage — the owner concerned may claim compensation from the association. That counterpart is often overlooked, and explaining it defuses many refusals.

Document your project with CoproHarmony

CoproHarmony keeps notifications, schedules, contractor visits and exchanges with occupants, all dated: the day an extra cost must be justified, everything is already there. Create your free space.