Greece's Council of State: Restrictions on Illegal Constructions in Apartment Buildings

The Council of State (ΣτΕ) in Greece has ruled that the regularization of illegal constructions in common areas of apartment buildings, such as pilotis (open ground floor areas), cannot proceed without a building regulation (κανονισμός οροφοκτησίας) if objections are raised by any co-owners.

The decision (1616/2025) concerns unauthorized constructions in the pilotis and part of the land plot of an apartment building in the Municipality of Papagou-Cholargos. The Council of State ruled that the provision of Law 4178/2013, which allows regularization with the majority of co-ownership percentages, does not affect the property rights of the remaining co-owners.

Furthermore, the Council of State considers the provision of Article 11 paragraph 1 of Law 4178/2013 invalid, insofar as it allows a co-owner with a majority to subject illegal constructions in common areas to the provisions of the law, as it conflicts with Articles 17 and 24 of the Constitution.

In summary, the regularization of illegal constructions in common areas requires a building regulation and the consent of the co-owners.