Ministry of Environment and Energy: Yes to POMIDA’s request for unilateral settlement and amendment of horizontal property recommendations!

Another long-standing and persistent demand by POMIDA has finally been met by the political leadership of the Ministry of Environment and Energy, paving the way for thousands of “blocked” notarial deeds (purchases, sales, and parental gifts) throughout the country.

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Civiltech
Under the provisions of Article 232 of the draft law submitted to Parliament on March 1, 2023, entitled “Renaming of the Regulatory Authority for Energy, etc.,” the option is given for both urban planning regularization (subordination) and modification of the horizontal property structure of apartment buildings by the co-owners concerned, which concerns any difference in area between neighboring properties, without requiring the cooperation of the other co-owners of the entire building, which in practice is unfortunately unfeasible.

We also note that the request by POMIDA that co-owners of the entire building should not be required to amend the deed of horizontal property when the deviation of the actual dimensions of a horizontal property does not exceed 2% of the area of its floor plan.

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Knauf Insulation
The proposed provision under consideration is as follows:

Article 232
Unilateral inclusion and amendment of horizontal property constitution – Amendment of Article 98 of Law. 4495/2017

1. At the end of paragraph 5(b) of Article 98 of Law 4495/2017 (A’ 167) concerning infringements in horizontal properties, the words “above ground level” are added, and paragraph 5 is amended as follows:

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“5. Specifically, in cases of horizontal ownership with violations relating to its extension in height or width (horizontal) and the occupation of common or jointly owned space, it is possible to include these in the present, without the consent of the other co-owners, only in the following cases:

a) when the arbitrary extension exists since the building was erected or constructed, or

b) when the same arbitrary extension exists on all floors of the building above the ground floor.

2. In Article 98 of Law 4495/2017, paragraph 9A is added as follows:

“9A. Specifically in the case of arbitrary extension or reduction of independent horizontal property to the detriment or benefit of adjacent horizontal property belonging to the same or another owner, it is possible to include this in the present, if the arbitrary extension or reduction of the independent horizontal property exists from the erection or construction of the building. Similarly, the owners of the horizontal properties affected by this change have the right to jointly proceed with a notarial act of unilateral amendment of the act of establishment of horizontal property, in order to incorporate or distribute, mutually, the space subject to the provisions of this law, into their horizontal properties or to exclude it from it, without affecting the existing overall co-ownership percentages on the plot and the allocation of common expenses of the mutually affected horizontal properties. In this case, the consent of the other co-owners is presumed.