With this new law of the Ministry of the Interior, important positive regulations were established for the transfers and building permits of real estate, which relate to the acceptance of the inheritance of forest property without a forest certificate, the abolition of attaching town planning documents to contracts and the functional amalgamation of neighboring pitches etc.
However, we note that the request of POMIDA not to require amendment of the deed establishing horizontal ownership by the co-owners is still pending of the entire building and when the deviation of the actual dimensions of a horizontal property does not exceed 2% of the area of its floor plan, as well as the right to unilaterally cancel the right to “rise”, which is now only a burden for the “owners” of …
The voted provision is as follows:
Article 230 Unilateral incorporation and amendment of horizontal property constitution – Amendment of article 98 of law 4495/2017
1. At the end of paragraph b) of paragraph 5 of article 98 of law 4495/2017 (A’ 167) , on violations in horizontal properties, the words “above the ground floor” are added, and par. 5 is formulated as follows:
“5. Especially in the cases of horizontal property with violations concerning its extension in height or width (horizontal) and the occupation of shared or jointly owned space, it is possible to include them in this, without the consent of the other co-owners, only in the following cases:
a) when the arbitrary extension exists since the erection-construction of the building or b) when the same arbitrary extension exists on all floors of the building, above the ground floor.”
2. In article 98 of the law 4495/2017, para. 9A is added as follows:
“9A. Especially in the case of arbitrary expansion or impairment of independent horizontal property in lieu of or in favor of adjacent horizontal property of this or another owner, it is possible to subject this to the present, if the arbitrary expansion or impairment of independent horizontal property exists from the construction – construction of the building. In the same way
the owners of the horizontal properties affected by this differentiation, have the right to jointly carry out a notarial deed of unilateral modification of the deed of incorporation of the horizontal property, in order to integrate or distribute, mutually, the subject to the provisions of present space, in their horizontal properties
or to exclude it from it, without affecting existing total percentages of co-ownership on the plot and distribution of common expenses of the mutually affected horizontal properties. In this case, the consent of the other co-owners is presumed.”
