By way of exception to the general rule that only enclosed floor or apartment spaces constitute the subject matter of divided ownership, horizontal ownership may also be established over a covered parking space and, consequently, it may be sold as an independent unit to a third party.
Initially, the relevant provisions of Law 3741/1929 (concerning ownership by floors) do not sufficiently define the concepts of “floor” and “floor apartment,” which may be the object of separate horizontal ownership.
However, from the spirit of the provisions on horizontal property and, in particular, from their purpose — which is to facilitate the housing needs of citizens and the vertical expansion of cities — it is deduced that a floor or a floor apartment constitutes an indivisible part of the building or the floor, along with its constituent parts and the internal space, technically enclosed below, on the sides, and above by walls or other structural elements, so that it is clearly separated from the other (divisible or indivisible) parts of the building and has been established as a specific and independent section suitable for separate and autonomous residential use in general.
In this sense, only floors and floor apartments, as well as those legally equated to floors such as basements and attic rooms (Articles 1002, second clause of the Civil Code and Article 1, paragraph 2 of Law 3741/1929), may constitute the subject of horizontal ownership (Supreme Court Decision 1587/2021).
An exception to this rule is introduced by Law 960/1979, as amended by Law 1221/1981. Article 1, paragraph 5 of the law provides that in the case of parking spaces located within covered areas of a building subject to the system of divided ownership, each parking space constitutes a divided ownership unit that may be independently transferred to third parties who have no relation to the building.
Thus, these provisions recognize separate ownership of parking spaces that are not fully enclosed but merely covered. Consequently, their separate sale and transfer to any third party is permitted, regardless of whether that person is among the other co-owners of the apartment building.
