{"id":5625,"date":"2024-07-02T16:23:24","date_gmt":"2024-07-02T13:23:24","guid":{"rendered":"https:\/\/www.spiliopouloslaw.com\/%cf%87%cf%89%cf%81%ce%af%cf%82-%ce%ba%ce%b1%cf%84%ce%b7%ce%b3%ce%bf%cf%81%ce%af%ce%b1\/real-estate-parking-spaces-in-apartment-buildings-when-an-owner-has-the-right-of-exclusive-use-of-a-parking-space-in-the-pilotis\/"},"modified":"2024-07-02T16:23:24","modified_gmt":"2024-07-02T13:23:24","slug":"real-estate-parking-spaces-in-apartment-buildings-when-an-owner-has-the-right-of-exclusive-use-of-a-parking-space-in-the-pilotis","status":"publish","type":"post","link":"https:\/\/www.spiliopouloslaw.com\/en\/legal-issues-for-individuals\/real-estate-parking-spaces-in-apartment-buildings-when-an-owner-has-the-right-of-exclusive-use-of-a-parking-space-in-the-pilotis\/","title":{"rendered":"REAL ESTATE \u2013 PARKING SPACES IN APARTMENT BUILDINGS \u2013 WHEN AN OWNER HAS THE RIGHT OF EXCLUSIVE USE OF A PARKING SPACE IN THE PILOTIS"},"content":{"rendered":"

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.<\/p>\n

To meet the parking needs of the increasing number of vehicles in urban areas, Law 960\/1979 on the \u201cimposition of obligations to create car parking spaces for the service of buildings,\u201d as amended by Law 1221\/1981, established that providing parking spaces is a prerequisite for obtaining a building permit<\/strong> 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.<\/p>\n

Ownership of Parking Spaces<\/strong><\/p>\n

Regarding enclosed parking spaces<\/strong>, 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<\/strong>, and thus are not considered common areas<\/strong> of the building.<\/p>\n

As for covered but unenclosed spaces<\/strong>, such as marked spots in the building\u2019s basement<\/strong>, these too can constitute independent horizontal properties<\/strong>. Article 1(5)(a) and (b) of Law 960\/1979, as amended by Law 1221\/1981, provides that parking spaces located in covered areas<\/strong> of a building subject to a system of divided ownership may be established as independent units<\/strong>, which may even be transferred to third parties<\/strong> with no other relation to the building.<\/p>\n

Parking Spaces in the underbuilding space<\/strong><\/p>\n

We now come to perhaps the most interesting issue: parking spaces located in the<\/strong> underbuilding space<\/strong>. According to Article 1(5), final paragraph, of Law 960\/1979 (as amended by Law 1221\/1981):<\/p>\n

\u201cAny 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<\/strong>.\u201d<\/p>\n

This means that when a building is legally constructed with an open ground floor (<\/strong>underbuilding space)<\/strong>, that open area cannot be divided<\/strong> into separate properties owned by specific individuals\u2014whether owners of apartments in the building or third parties\u2014and cannot be the object of any real property right<\/strong>. It remains a common area<\/strong>, in which each apartment owner holds a mandatory undivided co-ownership share<\/strong>, and the space must serve for common use<\/strong>, subject only to agreed rules for its organization and use.<\/p>\n

Legal Status and Limitations<\/strong><\/p>\n

As a result:<\/p>\n