The usufructuary's rights and duties

The usufructuary's rights and duties

"I'm the usufructuary of the house I live in. What costs do I have to cover (repairs, maintenance, etc.)? To what extent am I obliged to pay them?

Louise, Geneva

Under article 745 of the Civil Code, usufruct confers on its beneficiary a full right of enjoyment over its object, which means that he or she has the right to use the thing as he or she sees fit and to collect the fruits. In addition, the holder of this right can invoke it against anyone wishing to disturb possession. On the other hand, the usufructuary does not have the power to dispose of the object of the usufruct. Usufruct is often created as part of a succession; it is linked to a specific person and lapses on the death of the usufructuary, as it cannot be transferred to the heirs of the person entitled to it. The usufruct of a property may be limited to a specific part of a building. It must be entered in the Commercial Register for it to be valid.

Usufruct is therefore broader than the right of habitation, which only gives the beneficiary the right to live in a house or to occupy part of it, possibly with his family and children.

As usufructuary, you are obliged to maintain the substance of the house and to carry out ordinary repairs and repairs yourself, at your own expense. In particular, you are responsible for cleaning the house, maintaining the garden and plumbing or replacing a few tiles. Your use and enjoyment of the property must not be to the detriment of the owner. You are also responsible for paying all taxes relating to the house. You are also responsible for insuring the house against fire and other risks, in accordance with local practice. In other words, you must bear all the current and usual costs incurred by the normal use of the house.

However, if more substantial work is required, such as re-roofing, you must inform the landlord of this. Note that the landlord is not obliged to carry out the work immediately, unlike the lessor, who must maintain the property in a condition suitable for the purpose for which it was rented. In such a case, you can carry out the work yourself and claim reimbursement from the landlord under article 764 CC. In fact, it is only in the case of essential maintenance work that the landlord is obliged to immediately bear such costs.

The charges that fall on the usufructuary are therefore greater than those relating to the right of habitation. In fact, under article 778 of the Civil Code, the beneficiary of such a right must only bear the costs associated with the usual upkeep of the property, and not, for example, taxes or insurance.

It should be noted that a usufruct can be onerous. One of the main differences between the usufruct of a house and a lease is that the usufruct is enforceable against the owner or any purchaser of the property, because it must be entered in the Land Register, which is rarely the case with a lease. However, the tenant enjoys greater protection than the usufructuary in terms of the maintenance that the owner must carry out.