Council of State blocks settlement of illegal constructions in apartment building common areas without regulation

In a landmark ruling (1616/2025), the Council of State decided that without a condominium regulation, adjacent a azygous co-owner’s objection is capable to artifact immoderate effort to regularize unauthorized constructions. This fundamentally reshapes the landscape, efficaciously nullifying the corporate colony enactment by bulk ballot that had been provided nether Law 4178/2013.

The Court held that co-owners’ spot rights are constitutionally protected and cannot beryllium overridden—even if the bulk of residents ballot successful favour of legalization. In different words, erstwhile it comes to communal areas, a azygous objection is capable to halt the process. As a result, the law’s provisions aimed astatine easing owners’ burdens and achieving broad registration of unauthorized buildings are deemed inapplicable successful these cases.

Where the ruling has the biggest impact
The determination chiefly affects small, family-owned flat buildings from the 1960s and 1970s, wherever nary ceremonial condominium regulations exist. In these cases, the lack of wide rules—often combined with mundane disputes among relatives oregon neighbors—makes legalization practically impossible.

By contrast, larger flat complexes built by operation companies, which astir ever person ceremonial regulations, stay governed by bulk rule. In those cases, legalization procedures are not disrupted.

Market impact
The Hellenic Property Federation (POMIDA) was speedy to clarify that the ruling does not impact the full existent property market, but chiefly older, unregulated buildings. Still, for affected owners, the consequences are significant: galore who hoped to flight fines by bringing enclosed spaces into compliance present spot their applications frozen. Unauthorized areas stay undeclared, penalties stay successful force, and caller rounds of disputes are expected wrong flat blocks.

What this means successful practice

• With a regularisation successful place, Decisions tin inactive beryllium made by majority, and legalization proceeds normally.

• Without a regulation, Full statement is required. Even 1 objection is capable to invalidate the process, leaving unauthorized areas unsettled and owners exposed to fines.