What is the use of uncovered building space and what structures are permitted?
There are major conflicts between tenants in apartment buildings regarding the types of construction that are permitted and how the uncovered space of the building will be used.
The configuration of a building’s surrounding area and the construction within it are governed by the relevant urban planning legislation, and the occupants of a building, whether old or new, should consult their engineer in order to resolve any problems and disagreements between them.
What is an uncovered area of a plot of land?
An uncovered area of the plot is an area that is not built on and is landscaped with appropriate planting to create a favorable microclimate for both the building and the block.
The mandatory uncovered area of the plot must:
be accessible from the common areas of the building
remain uncoated for at least 2/3 of its length so that it can be planted.
What configurations are permitted in the uncovered area?
The following configurations are permitted in the uncovered area of the plot or field:
Excavation or filling of soil to a depth of plus or minus 1.5 meters from the natural ground level, to facilitate natural rainwater drainage.
The backfill up to the level of the sidewalk for in order to construct an entrance for access to the building.
Structures such as stairs, ramps, supports, benches, terraces, plantings, cours anglaises, mechanical means of covering height differences to serve persons with disabilities and/or persons with reduced mobility, etc.
Covered elevators, outdoor parking spaces, awnings, canopies, architectural projections and architectural elements, guardhouse areas, enclosed waste collection and storage areas, and others are also permitted. guard posts, enclosed waste collection and storage areas, and others.
What is permitted when there is exclusive use of the uncovered area by a tenant of a building?
In the uncovered area of an apartment building, no owner of an apartment or apartments has the right to build, even if they have exclusive use of all or part of the uncovered area. Each of the co-owners is entitled to make full use of the common areas and to repair, renovate, and refurbish them, provided that this does not infringe on the rights of the other co-owners.
Co-owners may, by notarial deed, regulate the use of common areas as they wish. Within the framework of this regulation, the reservation of the use of a common area exclusively for the benefit of one or more of them is not excluded.
Regardless of whether an owner has exclusive use of specific parts or the entire uncovered area, building is prohibited because the right of use does not automatically grant the right to build.
Can I use pots with plants instead of planting?
No. Two-thirds of the uncovered area of the plot must remain unpaved so that it can be planted. However, pergolas, provided they are open and intended to support plants, may be constructed on the surface of the planting area.
The calculation of planting includes uncovered structures for the reception of water elements and swimming pools at any level, as well as structures imposed after the discovery of monuments, for their protection and promotion, following approval by the Ministry of Culture and Sports.
Any surface planted with a minimum soil thickness of forty (40) centimeters is included in the calculation of the required planting.
Can I just lay turf instead of planting?
When constructing a new building or extending an existing one on a plot of land measuring at least 200 m2, trees must be planted or existing trees must be preserved so that there is at least one tree per 200 m2 of land. When the remaining plot area is 100 m2 or more, one more tree is added.
When there are front gardens, there should be enough trees to have one tree per 25 m² of front garden. When there is more than 12 m² of front garden left, one more tree is added.
Apart from planting, what other structures can I build in the uncovered area?
Outside the mandatory planting area, the following are permitted:
a) Plant support structures
b) Service facilities (benches, tables), sports facilities, and playgrounds.
c) Stairs or inclined planes (ramps) leading down to underground areas, and/or mechanical means of covering height differences to assist persons with disabilities and/or persons with reduced mobility.
d) Uncovered structures for receiving water elements and swimming pools
f) Fuel gas tank, as well as storage for photovoltaic system accumulators, provided that they cannot be underground.
g) Chimney sweeps
h) Installation of passive or active solar systems and noise reduction systems
i) Mobile shelters.
Is it permitted to create parking spaces in the uncovered area?
In principle, the uncovered area of the plot is mainly intended for planting, but today in many apartment buildings the uncovered area is used as a parking lot, covering the entire green space. However, the uncovered area of the plot can be used as an uncovered (open-air) or lightly covered car park, but only on a percentage of the plot’s surface area and outside the mandatory planting area, which corresponds to 2/3 of the plot.
I have a mandatory green area in front of the building. Does this count as uncovered space?
Yes, the front yard or garden is a mandatory unbuilt space and is designed according to the use of the building. It always includes trees, plants, or water features in accordance with the provisions of the building regulations. The following are permitted on its surface:
a) Mobile shelters that are manufactured in accordance with the provisions of the building code regulation.
b) Outdoor staircases, provided that they serve a floor whose level does not exceed the final (natural or artificial) ground level by more than 1.80 m and do not protrude from the building line by more than a quarter of the width of the front garden.
c) Information on facilities for the movement of persons with disabilities and/or persons with reduced mobility.
Is it permissible for the ground floor shop of the apartment building to occupy the sidewalk with tables?
The green space and, in general, the uncovered space in apartment buildings are common areas, which are often occupied by a co-owner. When exclusive use of common areas is based on an agreement between co-owners, which is accurately reflected in the apartment building regulations or the deed of ownership, then the exclusive use is valid and binding on all co-owners. Otherwise, the other owners are entitled to take legal action against him and demand that the infringement be removed.