Justice Minister Giorgos Floridis, during the presentation of the guidelines of the bill that will be drafted by a special 13-member committee, on the ownership regime of private properties (apartment buildings, Airbnb, etc.), stated that changes will be made to Law 3741/1929, with the aim of liberating and utilizing the properties of Greeks.
In particular, 97 years after the implementation of Law 3741/1929, by which “ownership divided by floors or parts thereof in the same building is recognized” (apartment buildings, etc.), changes will be made and the contractual relations in the horizontal and vertical properties of co-owners in apartment buildings, etc., will be reformed.
The purpose of the new legislative framework will be for relations between co-owners of apartments in apartment buildings to be established on a flexible, clear and modern legal arsenal that will be able to resolve emerging disputes, facilitate the utilization of real estate, but also regulate the cohabitation of families in apartment buildings.
As Mr. Floridis said, in these 97 years there have been 1,116 legislative amendments and interventions regarding the ownership regime of apartment buildings, etc., while the burden on the courts for these matters was enormous.
At the same time, Deputy Justice Minister Ioannis Bougas stated that the provisions of the bill to be drafted will be in full respect of constitutional as well as European requirements for the protection of property.
Thus, the regulations of apartment buildings are now being modernized and one of the important innovative provisions is the one that will provide for the possibility—regardless of whether it is prohibited by the apartment building regulation—of subdividing or merging apartment units in apartment buildings (horizontal properties), so that large floor apartments can be utilized and thus the housing problem in large cities can be addressed. In other words, the owner of a floor apartment will now be able to divide it in half, live in one part and rent out the rest, something that is not provided for today.
In addition, the huge common problem encountered in everyday life will be resolved, whereby some residents of apartments in apartment buildings do not pay the common expenses. There will now be a special procedure for collecting common expenses (even through the issuance of a payment order), the creation of a reserve fund will be mandatory, as well as insurance for the apartment building.
Indeed, for the collection of common expenses from those who do not pay them, short procedures will be provided. At the same time, apartment building managers will have extensive powers, but also increased responsibilities.
At the same time, necessary repair works or energy upgrades of buildings that must be carried out and cannot be implemented due to lack of quorum or the majorities formed during meetings of apartment building residents are being unblocked.
In particular, a reduction in the required percentage of votes for decision-making will be provided for, on issues of repairs, maintenance, energy upgrading of buildings, etc. The reduction of the percentages will vary depending on the necessity of the repairs, etc.
Justice Minister Giorgos Floridis, during the presentation of the legislative initiative, stressed:
“Almost one hundred years after the basic law (3741/1929) on horizontal property, we decided to take a comprehensive initiative concerning all pending issues regarding the ownership and especially the co-ownership of Greeks.
In order to modernize all the relevant provisions, the first major step is to codify the legislation, as there are more than a thousand provisions scattered across various legislative texts.
Then, to create a modern and functional framework so that property, which is constrained, can be liberated and above all be utilized, removing all the restrictions that exist today.
Thus, we will be able to restore thousands of properties with regular titles so that citizens can then utilize their property as they see fit.
There is no field concerning ownership and co-ownership that is not included in the legislative initiative and for which we have set up a committee that will work under the chairmanship of Areopagite Konstantia Emmanouilidou, specializing in Property Law, Cadastre Law and real estate property.
The goal is for the committee's work to be completed by next autumn and by the end of the year, for the Property Code to have been legislated for the first time in Greece”.
Deputy Justice Minister Ioannis Bougas referred to the main axes of the legislative initiative for a modern, unified and functional co-ownership framework.
Specifically, he referred to:
- The unification of provisions scattered across dozens of legislative texts (Law 3741/1929 etc.) and their adaptation to the new socio-economic data.
- The connection with the National Cadastre in an Artificial Intelligence environment and with urban planning-environmental law, with the cooperation of TEE.
- The simplification of the process of building on common plots and vertical expansion of existing buildings.
- The faster issuance of decisions in partition lawsuits and adaptation of the regulations to the new provisions of inheritance law.
- The simplification of the operation of apartment buildings - facilitation in decision-making among co-owners and in the amendment of existing regulations.
- The provision of title deeds and the possibility of transfers in thousands of pending cases.
with information from ANA