“The NEWS” was also extensively reported in the paper of 28th November 2022, on the “invalid” parking spaces with millimeters in the driveway of the old apartment buildings. As is known, by a decision of the Plenary of the Supreme Court, many thousands of parking spaces that had been set up as independent horizontal properties in the open space of a gated apartment building, purchased legally at a time when this was permitted, were deemed invalid, with the result that they remain “up in the air” and thousandths of undivided co-ownership on the plot of these places, and not to “close” the thousandths of the plot in the Land Registry.
pilot, there was no transitional provision for those that had already been legally established, while 20 years later the Plenary Session of the Supreme Court, although with a strong minority, ruled that they are also invalid, creating an unresolved legal impasse for their owners and subsequently for the Land Registry, but also heaps of disputes in apartment buildings with such parking spaces…
Two arrangements for the final solution
The Ministry of Digital Governance has finally recognized the problem, because it was preventing the completion of the Cadastre, and its solution will be provided by an amendment, which will be incorporated into a bill that will be submitted for voting in Parliament, by the end of the year at the latest. It will provide that the specific positions can be converted into a monitoring of existing horizontal property, i.e. in a space in which there will be no independent property right, but a right of exclusive use that will always follow the main space, with a unilateral amendment of the deed of horizontal ownership of the building and integration into it of the percentage of co-ownership of the parking space on the plot, by owners who have another horizontal property – space of main use (apartment) in the same apartment building.
In the event that the owner of such a position does not have his own apartment, shop or office in the same apartment building, he will be able to transfer it exclusively to the owner of the same building, who will attach it as an annex to the property of the buyer, adding to it her thousandths.
If these two regulations of the Ministry of Digital Governance are implemented, the problem of the legality of open parking spaces in the gated apartment buildings, which in essence today are ” things outside the transaction” hindering both real transactions, parental benefits and donations as well as the completion of the land registration of apartment buildings.
In addition, he had been oriented towards a similar solution in several cases and the jurisprudence of the courts. That is, even though he had deemed the recommendations of independent horizontal ownership invalid when they concern open parking spaces in a pilot house, which cannot be transferred as independent properties, nevertheless, with the application of article 182 of the Civil Code, which stipulates that when an invalid deed contains the elements of another deed, this is valid since it is inferred that the parties would like it, had accepted that an invalid creation and transfer of an open parking space in a pilot house as an independent horizontal property, can be valid as a valid grant of the right to exclusive use of this space, since it was obvious that the parties would want its validity.
is in the same apartment building, incorporating the corresponding percentage of the undivided co-ownership of the plot.
POMIDA clarifies that the above problem only concerns open parking spaces in the gates of old apartment buildings. It therefore does not concern the parking spaces in the parking lots of the newer buildings, all of which are annexes to apartments and other main-use properties of the same building, the parking spaces outside the parking lots, the closed parking spaces of the ground floor and all the underground parking spaces of the apartment buildings.
