Contesting a building manager's invoice in Luxembourg co-ownership: what the law says, what you can refuse

By Kristijan Krapic, co-founder of Quorum

Contesting a building manager's invoice in Luxembourg co-ownership is possible — and often justified. The process starts with a written, reasoned registered letter to the building manager, then, if necessary, adding the item to the general meeting agenda, and finally the justice of the peace. Any line absent from the signed mandate at the general meeting or not authorised by the law of 16 May 1975 can be contested without a lawyer for amounts up to €15,000.

You look at your quarterly statement and a line stops you: "correspondence fees — €40", "extraordinary fees — €120", or a 15% commission on works you didn't specifically request. You have the right to contest it. The law of 16 May 1975 and your building manager's mandate strictly govern what may appear on an invoice in Luxembourg. Anything not provided for in the mandate, not voted on at a general meeting, and not authorised by law is contestable. The process unfolds in three stages: a written, reasoned request to the building manager, adding the item to the general meeting agenda, and then referring the matter to the justice of the peace if necessary.

What your building manager is entitled to charge you in Luxembourg

Building manager remuneration in Luxembourg rests on two foundations: the law of 16 May 1975 on co-ownership (as amended by the law of 30 June 2022) and the mandate signed between the co-ownership and the building manager, voted on at a general meeting. If an invoice does not correspond to a legal obligation, an explicit clause in the mandate, or a general meeting decision, it is contestable.

The mandate is the central document. It must be annexed to the minutes of the general meeting that appointed the building manager, and it sets out precisely the fees, flat rates, and any additional services that may be billed. If you have never seen it, ask for a copy: it is your legal right, at no cost to you.

This is exactly what Quorum centralises for self-managed co-ownerships: the mandate, general meeting minutes, statements — accessible in a few clicks by all co-owners, without going through the building manager. Discover Quorum →

The 8 invoice lines to examine first on your statement

These are the items most frequently contested on Luxembourg statements. Before taking any action, get out your mandate and compare each line on the statement against the pricing clauses in that document. Any charge absent from the mandate is a legitimate starting point for a contestation.

1. Flat management fees. This is the basic remuneration. It covers bookkeeping, organising the ordinary annual general meeting, sending convening notices, routine follow-up, and ordinary correspondence. If your building manager invoices separate "postage fees" when ordinary correspondence is supposed to be included in the flat rate, you have an immediate ground for contestation.

2. Extraordinary general meeting fees. Permitted, at a rate stated in the mandate — not invented at the time of billing. If an extraordinary general meeting is made necessary by the building manager's own fault (for example, a poorly prepared budget that must be re-voted), it is legitimate to request that the fees be borne by the building manager, not the co-owners.

3. Fees for access to documents. This is the most frequently abused item. Requesting a copy of the general meeting minutes, annual accounts, co-ownership rules, or mandate is a legal right of the co-owner in Luxembourg. Charging an "administrative fee" of €25 for this consultation constitutes an abusive practice. At most, your building manager may pass on the material cost of a large photocopy — nothing more.

4. Individual correspondence fees. If you call your building manager to ask a question, they cannot charge for that call — unless the mandate expressly provides for it, and even then the amount must be proportionate. A registered letter sent by the building manager on behalf of the co-ownership (for example to a co-owner with unpaid service charges) is an expense of the co-ownership, not a service chargeable to an individual co-owner.

The commission on works: the most costly grey area

The commission on works is the most contested practice in Luxembourg. It consists of the building manager taking a percentage (often 10 to 15%) of the total cost of works they organise. This commission is only legitimate if it appears explicitly in the mandate and was accepted at a general meeting. Otherwise, it is contestable.

The practical problem is twofold.

First, there is a structural conflict of interest. The building manager is remunerated as a percentage of the cost of the works. The more expensive the works, the larger their commission. This mechanism incentivises them to favour the highest quotes or their usual contractors, rather than actively seeking the best conditions for the co-ownership.

Second, there is often an absence of competitive tendering. For works below a certain threshold, the building manager can choose the contractor without a general meeting vote. If you notice that the same tradesperson bills €40/h through the building manager while offering €28/h directly, you are facing a hidden markup or a "preferred supplier" rate that deserves a written explanation.

You can demand: (1) copies of the comparative quotes received, (2) written justification for the choice of contractor, (3) the exact breakdown of the commission applied and its contractual basis in the mandate.

How to contest a building manager's invoice in Luxembourg, step by step

Contesting a building manager's invoice in Luxembourg follows a five-step procedure that differs from the French process. You start by gathering the documents, then send a written, reasoned request to the building manager. If the response is unsatisfactory, you bring the matter to the next general meeting. As a last resort, the justice of the peace decides — without a mandatory lawyer for disputes below €15,000.

Step 1 — Gather the documents. Obtain the current building manager's mandate, the minutes of the general meeting that appointed them, the contested service charges statement, and any prior exchanges with the building manager. Without the mandate, you cannot demonstrate that a line is outside the contract.

Step 2 — Send a written, reasoned request by registered letter with acknowledgement of receipt. List each contested line, cite the relevant clause of the mandate or the applicable legal provision, and request either justification or correction. A conscientious building manager will respond within 15 days.

Step 3 — Refer the matter to the syndical council if one exists. The syndical council has a supervisory role over the building manager's actions. Their involvement often carries more weight than an isolated individual approach.

Step 4 — Add the item to the agenda of the next general meeting. As a co-owner, you can request the addition of an item to the agenda. This request must be addressed to the building manager sufficiently in advance (at least 8 days before the general meeting under common practice). You can thus put to a vote the rejection of an invoice or the correction of the statement.

Step 5 — Refer the matter to the justice of the peace. If the disagreement persists, the legal recourse lies before the justice of the peace in the canton where the building is located (Luxembourg, Esch-sur-Alzette, or Diekirch). For disputes below €15,000, legal representation is not mandatory — you file your case at the court registry yourself.

Template contestation letter to send to your building manager

Keep a copy of your letter, the registered posting receipt, and the acknowledgement of receipt carefully: these are your procedural starting point if the matter ends up before the justice of the peace.

What if the building manager refuses? Recourse before the justice of the peace

The justice of the peace is the competent court in Luxembourg for disputes between co-owners and building managers regarding service charges. The procedure requires no mandatory lawyer for disputes below €15,000, timelines are short (often a few months), and procedural costs remain accessible. This is the key difference from the French procedure, where the civil court imposes a more burdensome process.

To refer the matter to the justice of the peace, you file a written application at the court registry containing: identification of the parties, a clear statement of the facts, the amount in dispute, and supporting documents — mandate, statements, written exchanges, relevant general meeting minutes.

The justice of the peace can order: correction of the statement, reimbursement of unduly charged amounts, and, where appropriate, that procedural costs be borne by the building manager if they were at fault. The limitation period for claiming reimbursement of unduly collected service charges is in principle five years — but acting promptly strengthens your case, as an excessive delay may be interpreted as tacit acceptance.

Frequently asked questions about contesting building manager invoices in Luxembourg

Can I refuse to pay the contested invoice while waiting for a decision? No — this is strongly inadvisable. Non-payment exposes you to recovery proceedings for unpaid amounts, regardless of the merits of your contestation. The rule is: pay first, then contest. If the contestation succeeds, reimbursement is ordered or the amount is credited against future service charges.

Is there a time limit for contestation? To contest a general meeting decision approving the annual accounts: 30 days from notification of the minutes — a mandatory deadline that cannot be extended. To contest an individual invoice line outside the approval of accounts, the ordinary limitation period applies (five years), but prompt action is always preferable.

Can I request an audit of the building manager's accounts? Yes. This is typically the role of the syndical council if one exists. Failing that, the general meeting can vote to commission a review by an independent chartered accountant. The cost is borne by the co-ownership, but in the event of proven irregularities, it may be recharged to the building manager at fault.

If the building manager refuses to send me documents, is that grounds for dismissal? Refusing to provide mandatory documents (minutes, accounts, mandate) constitutes professional misconduct. If repeated, it can justify not renewing the mandate at the next general meeting, or even early dismissal by the majority required by law.

Is there a mediation body in Luxembourg for these disputes? As of today (2026), there is no body specialising in co-ownership/building manager mediation in Luxembourg. The justice of the peace remains the main practical avenue. The Chambre Immobilière du Grand-Duché can be consulted for information but has no binding mediation powers.

You manage your building independently — or are you considering doing without a professional building manager? Quorum centralises the mandate, general meeting minutes, statements, and invoice history so every co-owner can verify what they are being charged, in real time, without an intermediary. Request a demo →