When selling a condominium unit, two key documents must be provided to the future buyer: the pre-dated statement (“pré-état daté”) and the dated statement (“état daté”). These documents provide complete information about the financial and legal status of the unit being sold. In this guide, we explain their definitions, differences, costs, and all the practical steps needed to secure your transaction with the help of an Optimhome real estate advisor.
What is a “dated statement” (état daté) in a condominium?
Definition and role of the dated statement during a sale
The dated statement is a mandatory accounting document that provides a precise snapshot of the financial situation of a condominium unit at the time of sale. It acts as an accounting “photograph” allowing the buyer to know exactly what sums are owed by the seller to the condominium association (syndicat des copropriétaires), as well as any amounts the association may owe the seller.
This document plays an essential role in ensuring transparency in the real estate transaction. It informs the future owner of the charges they will have to pay once they take possession and allows them to anticipate future calls for funds from the condominium association. The dated statement therefore serves as a guarantee for the buyer, enabling them to make an informed purchasing decision.
Contents of the dated statement: the three mandatory sections
The dated statement follows a specific structure defined by the decree of March 17, 1967. The document consists of three separate sections covering all financial information related to the unit being sold.
The first section details the amounts owed by the seller to the condominium association. This includes provisions for unpaid current charges and any outstanding fees. This section clarifies the seller’s financial position with respect to the condominium.
The second section lists any amounts the condominium association may owe the seller. These may include cash advances made by the co-owner or loans granted to the association by the seller. These claims are transferred to the buyer upon sale.
Finally, the third section includes an appendix indicating the unit’s share in the projected budget and in the total non-budgeted expenses for the previous two fiscal years. This appendix also mentions the purpose and status of any ongoing legal proceedings involving the association, giving the buyer a complete picture of the condominium’s legal health.
Who prepares the dated statement: the role of the property manager (syndic)
Only the condominium property manager (syndic) is authorized to prepare the dated statement. This exclusivity is due to the fact that the syndic has access to all the accounting and financial information required to produce the document.
The request for a dated statement may be made either directly by the seller to the syndic or by the notary handling the deed of sale. In practice, the notary often takes care of this process to ensure the document is delivered on time. For a successful condominium sale, it is recommended to anticipate this request in order to avoid delays in finalizing the transaction.
The cost of the dated statement has been capped at €380 including taxes since June 1, 2020, in accordance with Decree No. 2020-153 of February 21, 2020. This fee falls under special services chargeable solely to the selling co-owner and must be included in the syndic’s contract. To learn more about all mandatory documents for a condominium sale, feel free to consult our dedicated guide.
What is a “pre-dated statement” (pré-état daté) and is it mandatory?
Definition of the pre-dated statement under the Alur law
The pre-dated statement is a collection of documents and information that the seller must provide to the buyer before signing the preliminary sale agreement (compromis de vente), in accordance with the 2014 Alur law. Unlike the dated statement, which is issued at the time of the final deed, the pre-dated statement aims to inform the buyer beforehand about the legal and financial situation of the condominium.
One key point to remember: if the pre-dated statement is not provided to the buyer no later than the day the preliminary agreement is signed, the ten-day withdrawal period does not begin. This rule protects buyers by ensuring they receive complete information before making a final commitment.
What does the pre-dated statement contain?
The content of the pre-dated statement is regulated by law and includes several essential documents for understanding the condominium. The seller must gather:
- The condominium bylaws and the descriptive division statement
- The building maintenance logbook (mandatory since the Alur law)
- Minutes from the last three general meetings
- The global technical diagnosis report, if one has been carried out
- The amount of current charges and the projected budget
- Any unpaid sums owed by the seller to the condominium association
- The approved multi-year works plan, if applicable
These documents allow the buyer to anticipate future expenses, identify approved works, and verify whether any disputes are ongoing within the condominium.
How to prepare a pre-dated statement yourself or online
Unlike the dated statement, which can only be prepared by the syndic, the pre-dated statement can be assembled directly by the seller. This is an important advantage because it avoids fees charged by some syndics for this service.
To prepare your own pre-dated statement, you can access your condominium’s online portal where building management documents are digitized. Since 2015, syndics have been required to provide co-owners with secure online access. There you will find general meeting minutes, condominium bylaws, the maintenance logbook, and information on charges.
Several free online tools also allow you to generate a compliant pre-dated statement in just a few minutes. Simply gather the available information and compile it into a complete file to provide to the buyer. This independent approach saves both time and money while fulfilling your legal obligations.
What is the difference between the pre-dated statement and the dated statement?
Although their names are similar, the pre-dated statement and the dated statement are two distinct documents used at different stages of the sales process. Each serves specific obligations and provides complementary information to the buyer.
Criteria | Pre-dated statement | Dated statement |
|---|---|---|
When provided | Before signing the preliminary sale agreement | Before signing the final deed before the notary |
Who prepares it | The seller or the syndic | Only the condominium syndic |
Cost | Free if prepared by the seller; variable if delegated to the syndic | Capped at €380 incl. VAT |
Contents | General information: condominium bylaws, minutes from the last three AGMs, maintenance logbook, amount of current charges | Detailed financial data: sums owed by the seller, share in the projected budget for the previous two fiscal years, ongoing legal proceedings |
Mandatory? | Yes, since the Alur law | Yes |
In summary, the pre-dated statement provides an overall view of the condominium before committing to the purchase, while the dated statement precisely establishes the financial status of the unit at the time of sale.
What is the cost of the dated statement and pre-dated statement?
Billing of the dated statement: pricing and case law
Since Decree No. 2020-153 of February 21, 2020, applicable from June 1, 2020, the cost of the dated statement has been strictly capped at €380 including taxes. This fee must be included in the syndic’s contract and approved by the general meeting. Case law has confirmed that only the dated statement within the meaning of Article 5 of the 1967 decree may be charged at this rate. Before the cap was introduced, some syndics charged significantly higher amounts.
Free pre-dated statement: how to avoid fees
Unlike the dated statement, the pre-dated statement can be prepared free of charge by the seller without involving the syndic. This is an excellent way to reduce selling costs.
To prepare your pre-dated statement for free, gather the condominium documents already in your possession: bylaws, descriptive division statement, minutes from the last three general meetings, building maintenance logbook, and statements of current charges. If the syndic agrees to prepare this document, they may charge for the service, but the amount is not regulated and varies from one syndic to another.
Document | Maximum fee | Who can prepare it? |
|---|---|---|
Dated statement | €380 incl. VAT | Syndic only |
Pre-dated statement | Free if self-prepared | Seller or syndic (variable fee) |
How to obtain the dated statement when selling an apartment
When should the pre-dated statement and dated statement be provided to the notary?
The timing for delivering these documents follows a precise sequence. The pre-dated statement must be provided to the buyer no later than the signing of the preliminary sale agreement. It is this complete delivery that triggers the legal 10-day withdrawal period. Without this file, the period cannot begin.
The dated statement comes later in the process. It is required for signing the final deed before the notary, usually between two and three months after the preliminary agreement. The request is generally made by the notary, but the seller may also request it directly from the syndic. The syndic has a maximum of 15 days to provide the document after receiving the request and payment.
What if the syndic refuses or if there is a volunteer syndic?
If your syndic delays or refuses to provide the dated statement, you have legal remedies. Start by sending a formal notice by registered mail with acknowledgment of receipt, reminding them of their legal obligation and the €380 fee cap. This approach is often effective in resolving the issue.
A volunteer syndic, although non-professional, is subject to the same legal obligations as a professional syndic regarding preparation of the dated statement. They must provide the document under the same conditions and within the same deadlines. If the blockage persists, your notary can intervene to accelerate the process or advise you on possible legal action.
Can a sale proceed without a dated statement?
The answer is no. The dated statement has been mandatory since the 2014 ALUR law for all condominium sales. Without this document, the notary will refuse to sign the final deed of sale. No exemptions are possible.
For the buyer, the absence of a dated statement represents a major risk: it becomes impossible to assess unpaid charges, approved works, or ongoing legal proceedings. For the seller, it completely blocks completion of the transaction. Anticipating the request to the syndic as soon as the property is listed for sale helps avoid delays at signing.
Get support from an Optimhome advisor
Managing condominium documents can quickly become complex and time-consuming. Between the pre-dated statement, dated statement, global technical diagnosis, and numerous supporting documents to gather, it is easy to feel overwhelmed.
That is where your Optimhome advisor comes in. Present throughout France, they support you at every stage of your project, whether you are selling or buying. They verify all your documents, ensure your file complies with legal requirements, and secure your transaction by guiding you through the legal and administrative aspects. Their support helps you comply with withdrawal rights and avoid unpleasant surprises related to pricing or diagnostics.
Contact an Optimhome advisor today or estimate your property online to benefit from personalized support and complete your real estate project with peace of mind.
Frequently asked questions about the dated statement and pre-dated statement
Who pays for the dated statement and pre-dated statement?
The dated statement is paid for by the seller. It is a special service chargeable solely to the selling co-owner, capped at €380 including taxes. By contrast, the pre-dated statement is free if you prepare it yourself using the condominium documents you already possess. If you ask the syndic to prepare it, some may charge for the service, although no law requires this.
How do you complete or draft a pre-dated statement without a template?
You can gather the necessary information from the condominium documents you already possess: minutes of general meetings, condominium bylaws, descriptive division statement, maintenance logbook, and recent calls for funds. Blank templates are available online free of charge or from your notary. Allow about two hours if you are comfortable using your condominium’s online portal to compile the information clearly and comprehensively.
How do you read a dated statement or pre-dated statement?
To properly analyze these documents, first check for any unpaid charges owed by the seller, approved works from recent general meetings, provisions for ongoing periods, and cash advances. Also pay close attention to any ongoing legal proceedings involving the condominium association. This information helps you evaluate the financial commitments related to the unit and anticipate future expenses.
How long is a pre-dated statement valid?
The pre-dated statement does not have a strict legal validity period, unlike the dated statement, which is valid for 30 days. However, it must accurately reflect the administrative and financial situation of the condominium at the time the preliminary agreement is signed. If a long time passes between preparing the pre-dated statement and signing the agreement, it is strongly recommended to update it to ensure the accuracy of the information provided to the buyer.
Can you get a refund for a pre-dated statement?
According to a ministerial response from September 2015, charging for a pre-dated statement is not based on any legislative or regulatory requirement. Likewise, charging separately for a copy of the dated statement is not always justified. If you believe you were improperly charged, you can dispute the fee with the syndic by registered letter and, if necessary, take legal action before the courts.
How can you easily obtain a pre-dated statement?
To obtain a pre-dated statement easily, start by gathering the condominium documents you already have: bylaws, minutes from the last three general meetings, descriptive division statement, and maintenance logbook. You can then use a free online tool or a template to complete yourself. If you prefer to delegate the task, you may ask the syndic, but remember that you are entitled to prepare it yourself free of charge.
Author :
Fabrice DOBROWOLSKI - Optimhome Network Development Director
Optimhome offers you personalized support for your real estate project. Benefit from all my advice, based on several years of experience, to ensure the success of your project.
