In the draft bill for enhancing publicity and transparency in the print and electronic press, which is being voted on in Parliament, a new provision has been included concerning the ownership status of open parking spaces in pilotis areas of apartment buildings.
The proposed new provision aims to resolve the long-standing issue of ownership of open parking spaces in pilotis areas of apartment buildings by allowing these spaces to be converted into annexes (accessory parts) through a unilateral amendment of the horizontal property deed. This would involve incorporating the percentage of co-ownership of the parking space on the plot of land by owners who have (other) horizontal property in the same building (e.g., apartments). The provision also addresses the issue of aligning such parking spaces with horizontal properties, which was not initially done in the original horizontal property deed.
According to the new provision, in Article 1 of Law 960/1979, after paragraph 5, a new paragraph 5A is added as follows:
**”5A. a) The owner of a horizontal property – a primary-use space in an apartment building, who holds real rights to an open parking space in the pilotis of the same building (which, at the time of the establishment of the property, was an independent horizontal property), may unilaterally amend the horizontal property deed to transform the open parking space in the pilotis into an annex (accessory) for the exclusive use of the horizontal property space, while simultaneously incorporating into the latter the percentage of co-ownership in the plot that the open parking space had at the time of the establishment of horizontal properties.
In this case, the consent of all co-owners is presumed.
- b) An open parking space in the pilotis of an apartment building, which is an independent horizontal property at the time of establishment, and on which there is no real right held by an owner of horizontal property – a primary-use space in the same building, may, by exception, be transferred to another owner of horizontal property – a primary-use space in the same building. In this case, the owner of the horizontal property – primary-use space will unilaterally amend the horizontal property deed to convert the open parking space in the pilotis into an annex for the exclusive use of the horizontal property space, while incorporating into the latter the percentage of co-ownership in the plot that the open parking space had at the time of the establishment of horizontal properties.
In this case, the consent of all co-owners is presumed.”**
- c) The owner of a horizontal property – main use space in a condominium, to whom the right of exclusive use of an open parking space in the pilotis or a space in the uncovered area of the same condominium has been transferred, where according to the deed of establishment of horizontal property or the condominium regulations, a separate right of exclusive use has been established that is not linked to a specific horizontal property – main use space of the condominium, proceeds with a unilateral modification of the deed of horizontal property in order to correspond the open parking space in the pilotis or the uncovered space as an accessory to the exclusive use of the horizontal property of the main use space.
In this case, the consent of all co-owners is deemed to be granted.”
