Numerous issues have arisen over time due to the legal requirement for parking spaces in apartment buildings, particularly regarding the ownership status of these spaces within such properties.
To meet the parking needs of the increasing number of vehicles in urban areas, Law 960/1979 on the “imposition of obligations to create car parking spaces for the service of buildings,” as amended by Law 1221/1981, established that providing parking spaces is a prerequisite for obtaining a building permit for new constructions (Article 3 of the law). These spaces may be located in the underbuilding space (open ground floor), basement, uncovered area, or another part of the building.
Ownership of Parking Spaces
Regarding enclosed parking spaces, it has been consistently held that whether located on the ground floor (e.g., closed garages in the underbuilding space) or in the basement, they may constitute separate (divided) property units, and thus are not considered common areas of the building.
As for covered but unenclosed spaces, such as marked spots in the building’s basement, these too can constitute independent horizontal properties. Article 1(5)(a) and (b) of Law 960/1979, as amended by Law 1221/1981, provides that parking spaces located in covered areas of a building subject to a system of divided ownership may be established as independent units, which may even be transferred to third parties with no other relation to the building.
Parking Spaces in the underbuilding space
We now come to perhaps the most interesting issue: parking spaces located in the underbuilding space. According to Article 1(5), final paragraph, of Law 960/1979 (as amended by Law 1221/1981):
“Any parking spaces created in the open ground floor area of a building constructed on columns (underbuilding space), according to applicable regulations, may not constitute divided properties.”
This means that when a building is legally constructed with an open ground floor (underbuilding space), that open area cannot be divided into separate properties owned by specific individuals—whether owners of apartments in the building or third parties—and cannot be the object of any real property right. It remains a common area, in which each apartment owner holds a mandatory undivided co-ownership share, and the space must serve for common use, subject only to agreed rules for its organization and use.
Legal Status and Limitations
As a result:
- Open areas in the underbuilding space, including open parking spaces within it, cannot be established as separate units;
- Nor are they subject to any real property rights (e.g., easements);
- Any agreement among owners to eliminate the common-use character of the pilotis or to transfer it as divided ownership is legally null and void.
However, according to case law and accepted legal doctrine, the co-owners may agree, either through the initial construction agreement or the building regulations (which bind future owners as well), to grant exclusive use of a particular parking space in the underbuilding space to a specific co-owner.
Such a right of exclusive use does not constitute ownership, but it excludes others from using the space. If a third party uses the space without permission, the person entitled to exclusive use may seek judicial protection.
Transferability
On the other hand, such parking spaces cannot be sold to third parties. According to prevailing legal opinion and jurisprudence:
- They cannot be independently transferred;
- Nor can exclusive use rights be granted to someone who is not a co-owner;
- Since these areas cannot be treated as divided ownership, they are not subject to real property rights (such as servitudes) in favor of third parties;
- Any legal transaction attempting to do so is null and void.
