Usufruct and repairs: who should pay?
First, we'll explain what a usufructuary and a bare owner are.
We're dealing with a situation where the property is divided: on one hand, there's the bare owner who owns the property but cannot directly benefit from it. On the other hand, there's the usufructuary who can use the property, meaning they have the right to enjoy it, such as by living in it, renting it out, and collecting rental income.
This situation commonly arises in inheritance: the surviving spouse becomes the usufructuary while the children (or other heirs) become the bare owners. It can also happen through split purchases, such as when parents buy the usufruct of a house and children buy the bare ownership.
Now that this is clear, let's see who is responsible for carrying out and paying for repairs.
Responsibilities of the usufructuary:
The usufructuary must carry out all necessary maintenance repairs to preserve the property's value. These are maintenance works that, if not performed, would lead to a decrease in the property's value. However, normal wear and tear over time is expected, so the usufructuary is not responsible for major repair works.
Examples of maintenance works the usufructuary is responsible for:
• Painting
• Varnishing and enameling
• Repairing floors, stairs, roof
• Cleaning and repairing a chimney
• Maintaining and repairing an elevator
• Replacing carpeting
Responsibilities of the bare owner:
The bare owner is responsible for major repairs, also known as structural repairs. This responsibility applies during the usufruct period, even if the surviving spouse continues to live in the property. The bare owner must consult the usufructuary beforehand, but the usufructuary must tolerate these works without demanding compensation for inconvenience.
Examples of structural works the bare owner is responsible for:
• Repairing common walls
• Repairing joinery in a dwelling
• Installing or renewing central heating or electricity
The bare owner is not obligated to perform repairs that the usufructuary has already undertaken or major repairs that fall under the usufructuary's responsibility.
The question of cost allocation:
Determining who pays for what can lead to discussions, especially in blended families, particularly if the surviving stepparent is relatively young. In such cases, the deceased's children, who are bare owners, bear the costs of the property without immediately benefiting from it. They must wait until the usufructuary's death, which may take time if the usufructuary is young and in good health.
To avoid financial imbalances, the bare owner may request the usufructuary to contribute to the costs of structural repairs, based on the value of the usufruct compared to full ownership.
If either party fails to fulfill their repair obligations, the other party can:
• Seek court intervention to enforce repairs, potentially with a fine imposed by the judge.
• Ask the court for permission to carry out repairs and recover the costs from the other party.
Conclusion:
In summary, the division of repair costs between usufructuary and bare owner is clearly defined: the usufructuary handles routine maintenance repairs, while the bare owner is responsible for major structural repairs. This distinction helps prevent conflicts, especially in blended families. However, if disagreements persist, legal recourse can ensure that each party fulfills their obligations. Clear communication and agreements from the outset can prevent misunderstandings and ensure harmonious property management.