The pre-dated state gathers the financial and legal information required by Article L.721-2 of the Construction and Housing Code. The seller of a co-ownership lot must provide this information to the buyer before signing the preliminary agreement. Filling out a blank template yourself avoids syndicate fees but requires knowledge of the document’s structure and the annexes expected by the notary.
PPT and energy diagnosis: sections that older models ignore
A pre-dated state template downloaded before 2023 is likely incomplete. The obligation to develop a multi-year work plan (PPT) has been in effect since January 1, 2023, for co-ownerships with at least 200 lots, with gradual extension to smaller co-ownerships. The document must mention whether a PPT exists, its progress status (adopted, in progress, not voted), and the planned financing deadlines.
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The Climate and Resilience Law adds an additional layer. Properties classified as F and G already face rental restrictions, and class E will be affected starting in 2034. A compliant pre-dated state now includes the exact energy class of the lot, any voted or planned improvement works, and any rental limitations related to performance thresholds.
We recommend systematically checking that the template used includes these sections. A form that is limited to current charges and general assembly minutes no longer reflects regulatory reality.
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Financial aspect of the pre-dated state: items to fill in without error
The financial part concentrates the majority of blockages in notarial studies. A blank pre-dated state template to download in Word format allows for proper structuring of this section, provided you know what to include.
The document must cover several distinct categories:
- The amount of the projected budget and the share of current charges allocated to the sold lot, broken down by category (maintenance, elevator, collective heating if applicable).
- Provisions for exceptional works voted in the general assembly and not yet called, as well as the balance of the work fund (formerly ALUR fund) attached to the lot.
- Any unpaid amounts from the seller to the co-ownership syndicate, and the overall debts of the co-ownership if they exist.
- Amounts that may be claimed from the buyer for the ongoing fiscal years, calculated pro-rata to the date of sale.
Each amount must correspond to the latest approved accounting documents. A discrepancy between the pre-dated state and the final dated state (produced by the syndicate after the promise) can delay the signing of the authentic deed.
Annex documents to attach to the sale agreement in co-ownership
The pre-dated state does not travel alone. The ALUR law requires attaching a set of documents to the agreement that opens the SRU withdrawal period. The absence of a single document prevents the deadline from running.
- The co-ownership regulations and their published modifications, as well as the descriptive state of division.
- The minutes of the general assemblies from the last three years.
- The maintenance log of the building.
- The synthetic sheet of the co-ownership, a document distinct from the pre-dated state that summarizes key financial and technical data.
The synthetic sheet is often confused with the pre-dated state itself. We regularly observe cases where the seller provides one thinking they have supplied the other, leading to requests for additional information from the notary and extending the time between the agreement and the final deed.
Where to obtain these documents without contacting the syndicate
The minutes of the general assembly are normally sent to each co-owner after each meeting. If you cannot find them, the co-ownership extranet (mandatory for professional syndicates) provides access to accounting documents, the maintenance log, and the minutes. The published co-ownership regulations can be obtained from the land publicity service.
The volunteer syndicate can fill out the pre-dated state themselves, as they have all the financial and administrative data. They do not need to appoint a third party.
Filling out the Word template: errors that block at the notary
The Word format offers the flexibility of a modifiable document, but this freedom creates pitfalls. The first concerns the shares. The template asks for the share of the lot in the general charges and in the special charges. Confusing co-ownership shares with charge shares skews all distribution calculations.
The second pitfall concerns the reference date of the amounts. The charges indicated must correspond to the last approved fiscal year, not the ongoing fiscal year. If the general assembly has not yet voted on the approval of the accounts, the accounts from the previous fiscal year must be used and explicitly mentioned.
The third concerns works voted but not yet engaged. A call for funds voted in the general assembly remains due by the seller, even if the due date falls after the sale. The notary checks this point by comparing the pre-dated state with the final dated state. Any omission requires renegotiating the distribution of charges between the seller and the buyer.
Free or paid pre-dated state: what changes with the syndicate’s involvement
The term “pre-dated state” does not have a strict legal existence. Article L.721-2 of the CCH defines the information to be provided but does not name the document. This ambiguity explains why some syndicates charge for its production while the seller can create it themselves from documents already in their possession.
The dated state, on the other hand, falls under the exclusive competence of the syndicate and is subject to a regulated fee. Not confusing the two avoids paying for an unnecessary service. The pre-dated state occurs before the agreement, the dated state after, for the signing of the authentic deed.
A well-structured blank template, updated with the PPT and energy performance sections, meets current requirements at no cost. Vigilance is required regarding the completeness of the annexes and the consistency of the amounts with the accounting documents approved in the general assembly.