The pre-dated state refers to a set of financial and administrative information related to a condominium lot, transmitted to the buyer before the signing of the sales agreement. This document does not have an independent legal existence: the ALUR law requires the communication of this data (article L.721-2 of the Construction and Housing Code), but no text regulates the document as such, nor its fee, nor the person authorized to draft it.
Billing of the pre-dated state by the property manager: a practice without legal basis
Most professional property managers charge for the preparation of the pre-dated state as an out-of-pocket service. The amounts charged vary according to the firms and the size of the condominium, with common ranges observed between a few hundred euros.
A written question n°1324 from Deputy Françoise Buffet, published in the Official Journal on October 22, 2024, questioned the government about this practice. The ministerial response confirms two points: the seller is not required to ask their property manager to produce this document, and no pricing regulation is currently planned.
This lack of pricing framework does not legitimize the property manager’s invoice. It simply means that the legislator has not deemed it necessary to intervene, since the selling co-owner already has an alternative: to gather the required documents themselves. To explore this point further, you will find useful information on Le Top Immobilier regarding the actual relevance of a free model.
Required content by article L.721-2 of the CCH for condominium sales
Article L.721-2 of the Construction and Housing Code lists the information that the seller must transmit to the buyer. These are the data that the pre-dated state compiles. If any of them are missing at the time of signing the agreement, the buyer’s withdrawal period does not begin to run.
The documents are divided into three categories:
- Documents related to the organization of the building: condominium regulations, descriptive state of division, minutes of the general meetings from the last three years, maintenance log of the building, and summary sheet of the condominium.
- Financial information: amount of current charges from the budget and off-budget charges, status of unpaid dues within the association, share of the works fund attached to the sold lot.
- Data related to the lot itself: amount of charges called for the two accounting years preceding the sale, sums potentially owed by the seller to the homeowners’ association, and sums that could be owed by the buyer.
All these documents are normally included in the documents provided to the co-owner after each general meeting or available on the condominium’s extranet, when the property manager offers one.
Free pre-dated state: compiling it oneself without going through the property manager
The possibility of compiling the pre-dated state oneself directly stems from the absence of a drafting monopoly. No text requires this document to be produced by the property manager or by a professional. The seller can therefore compile the documents and transmit them to the notary.
In practice, this implies having kept the minutes of general meetings, calls for funds, and charge statements. A co-owner who archives their condominium documents can produce the pre-dated state at no cost.
The friction point arises when documents are missing. The property manager remains the sole holder of updated accounting data (unpaid dues of the association, balance of the works fund). If the seller does not have this information, they will need to request it from the property manager, who may charge for the transmission of individual documents. Total free access is therefore realistic only for a meticulously organized co-owner.
Risks associated with an incomplete pre-dated state
An incomplete file does not block the sale, but it delays the start of the withdrawal period. The notary will generally refuse to have the agreement signed until all the documents from article L.721-2 are gathered.
An error regarding the amount of charges or the status of unpaid dues can also lead to liability claims against the seller after the sale. The free nature of the pre-dated state does not exempt from the accuracy of the transmitted data.
Pre-dated state and dated state: two distinct documents in the sale of a lot
The confusion between these two documents frequently arises. The pre-dated state occurs upstream, before the agreement. The dated state occurs afterward, at the time of signing the authentic deed with the notary.
The dated state, on the other hand, is regulated by the decree of March 17, 1967. It must be produced by the property manager and its fee is capped at 380 euros including tax since a decree in 2020. This capping only concerns the dated state, not the pre-dated state.
- The pre-dated state informs the buyer before they commit. It can be drafted by the seller themselves.
- The dated state allows the notary to allocate charges between the seller and the buyer at the date of the sale. It must be established by the property manager.
- The pre-dated state does not have a regulated fee. The dated state is capped at 380 euros including tax.
Confusing the two documents can lead a seller to think they cannot prepare anything themselves. In reality, only the dated state falls under the property manager’s monopoly. The pre-dated state remains in the hands of the selling co-owner, provided they have all the documents required by the Construction Code.
The actual cost of a sale in a condominium therefore includes at least the dated state charged by the property manager. The pre-dated state, on the other hand, represents a saving accessible to any seller who keeps their documents and checks their completeness before transmitting the file to the notary.
