Co-ownership and apartment charges in Togo: what the land code says

Buying an apartment in Togo often means buying a lot in co-ownership. You become the owner of a private unit, but also a co-owner of the common areas with the other occupants of the building. The Law No. 2018-005 of 14 June 2018 on the Land and Domain Code of Togo sets out the rules for this regime in its Articles 180 to 212. Understanding these rules before signing allows you to assess the true cost of the purchase and avoid surprises over charges or collective works.

What is co-ownership in Togo?

Article 180 of the Land and Domain Code of Togo defines the co-ownership of built properties. When different floors, apartments or units in a building belong to different owners, they are presumed to be co-owners of the land and of all parts of the building that are not reserved for the exclusive use of one of them. The following are considered common areas: courtyards, walls, roofs and structural work, floors, staircases and lifts, premises used for security or joint maintenance, passages or corridors, air-conditioning equipment and external pipework. The partition walls between units belong in joint ownership to the owners of those units.

Conversely, the interior of each apartment is a private unit. Ownership of the lot therefore includes a share of the common areas.

This share determines not only your rights over the shared spaces, but also your contribution to charges and your voting weight in the general meeting. It is proportional to the floor area or relative value of your unit within the building.

This regime already existed in Togo from 1977, before being reorganised by Law No. 2018-005. However, notarial observations show that co-ownership remains uncommon in Togo, where individuals still prefer a stand-alone house on titled land.

Manager, general meeting and co-ownership rules

The Law No. 2018-005 of 14 June 2018 provides for three bodies to administer a co-ownership: the co-owners' union (all owners), the manager, and the general meeting of co-owners. The notary drafts the co-ownership rules, which are the founding document of the regime.

The manager handles the day-to-day running of the building: routine maintenance, implementation of the general meeting's decisions, bookkeeping and contracting. The general meeting is the decision-making body. It votes on the budget, approves the accounts and authorises major works. Any project affecting the common areas or the structure of the building must be submitted to the general meeting. A co-owner who carries out such works without approval exposes themselves to civil penalties and must bear alone the costs and risks of these works, including reinstatement.

The co-ownership rules set each lot's share, usually in proportion to its floor area or relative value, together with the method of contributing to charges. This notarised deed is essential to secure everyone's rights.

The general meeting is convened in accordance with the co-ownership rules. Decisions on the budget or major works are taken under the majority rules set out in that same deed. Proper notice and a precise agenda are essential to ensure the validity of decisions and respect for every co-owner's rights.

Charges and how they are shared

Co-ownership charges cover the upkeep and running of the common areas defined in Article 180: cleaning of halls and staircases, lighting of common parts, security, lift maintenance, and small repairs to external pipework and roofs. The amount depends on the size, age and shared facilities of the building.

The allocation is set by the co-ownership rules. As a rule, each lot bears charges in proportion to its share. When major works are needed (roof repairs, facade work, lift replacement), the general meeting may vote a special levy shared out in the same proportions.

Non-payment of charges by one co-owner can destabilise the building's management and delay works needed for its upkeep. The manager then has means to recover the sums due under the co-ownership rules. It is therefore essential to check the building's financial health before any purchase.

Before buying, ask the seller for a breakdown of charges over the last three years and a forecast of planned works. If these documents are missing, have a notary obtain them from the manager or the seller.

What to check before buying

• The co-ownership rules: these define your rights and obligations. Check that they exist and comply with the Land and Domain Code of Togo.
• The financial position: ask for the co-ownership accounts, a list of arrears and any outstanding debts. A heavily indebted co-ownership may impose immediate calls for funds on you.
• Works voted or planned: a poorly maintained building generates high costs. Inspect the common areas and ask for the works schedule.
• The land title for the lot: dividing a building into co-ownership lots requires the original land title to be split. Each lot must have its own title or a marginal note on the original title. Check this regularity with the Land Registry.
• Planning compliance: make sure the building has the required construction permits to avoid demolition or penalty risks.

Careful verification of these points helps avoid future disputes and unexpected costs. Legal assistance makes it easier to analyse documents and negotiate with the seller. Do not hesitate to ask for a discharge certificate to ensure the lot is free of any unpaid charges at the time of sale.

On Imonga

On Imonga you can browse listings in Lomé. If you are looking for an apartment or a house for sale, check whether the property is part of a co-ownership and ask about charges and the manager. The platform lets you contact advertisers directly to obtain this essential information before a viewing. This preliminary step helps you select properties that truly match your budget and your expectations for day-to-day management. You can also view land for sale in Lomé or villas for rent.

Frequently asked questions

What is a common area in a Togolese co-ownership?

Under Article 180 of the Land and Domain Code of Togo, common areas include the land, walls, roofs and structural work, floors, staircases, lifts, courtyards, passages, external pipework and security premises. These elements form the foundation of communal life in the building and their upkeep concerns all co-owners. Partition walls are jointly owned. This means that the owners on either side share ownership and maintenance obligations.

Who manages a co-ownership in Togo?

The Land and Domain Code of Togo provides for a co-owners' union, a manager in charge of day-to-day administration and a general meeting that decides major issues. The co-ownership rules are drafted by a notary. This document organises the collective life of the building and sets out the operating rules of the co-owners' union, as well as the decision-making procedures among co-owners.

How are charges shared?

In Togo, the co-ownership rules set each lot's share. Charges are generally shared in proportion to this share, unless the rules state otherwise.

Can a co-owner carry out works alone?

No, if they affect the common areas or the structure of the building. Article 180 and the Land and Domain Code of Togo require the general meeting's approval. A co-owner who disregards this rule faces penalties and must bear alone the costs and risks of these works, including reinstatement. For advice tailored to your personal situation, you should consult a notary or a lawyer.

Is co-ownership common in Togo?

No. Notarial practice shows that Togolese still prefer a stand-alone house on titled land. Co-ownership remains rare outside a few new developments. If you are considering a purchase, a notary or lawyer can help verify the situation's compliance.

What if the seller does not disclose the charges?

Demand a financial statement and the co-ownership rules. Have a notary check for arrears and voted works before you sign. If the seller remains evasive, consider obtaining a dated statement of charges from the manager or postponing the purchase until the documents are provided.

This answer is general and is not personal advice: before you commit, have your situation checked by a notary or a lawyer practising in Togo.