A change to the external appearance of an apartment building—such as enclosing a balcony, installing windows in a different colour or adding a structure on the roof—may give rise to a dispute between co-owners. Any planning regularisation of the works does not, by itself, determine the parties’ private-law rights.

The external appearance and the common parts of the building

Articles 1002 and 1117 of the Greek Civil Code, read together with Law 3741/1929, regulate horizontal property and co-ownership of the common parts of a building. Whether an alteration is permitted depends in particular on the deed establishing the horizontal properties, the building regulations, the legal character of the affected part and the consequences of the works.

The architectural and aesthetic appearance of the building is a protected common interest of the co-owners. It would nevertheless be inaccurate to assume that every element of every façade has the same proprietary classification in all buildings. The title deeds and the building regulations are decisive.

What Supreme Court judgment 70/2019 establishes

In judgment 70/2019, the Greek Supreme Court confirmed that planning legality or regularisation does not displace restrictions arising from Law 3741/1929, the deed establishing the horizontal properties or the building regulations. The regulations in that particular case required a specified majority for certain alterations; the judgment therefore does not create a universal unanimity rule for every type of work.

Alterations requiring particular scrutiny

• Enclosing a balcony or terrace and changing the outline or appearance of the façade.
• Replacing windows, railings or colours in a manner that disrupts the building’s uniform appearance.
• Adding a structure on the roof or occupying an area that is commonly owned or used.
• Installing external units, signs, awnings or other equipment contrary to a specific building regulation.
• Works affecting the load-bearing structure, common installations, safety or the building’s ordinary use.

These works are not all automatically unlawful. Their permissibility must be assessed by reference to the title deeds, the building regulations, the required resolutions, their technical effects and the applicable planning rules.

The role of the deed and the building regulations

Valid and duly registered building regulations may impose specific restrictions on the use or alteration of individual units and common parts. As a rule, those restrictions also bind successors in title. It is therefore necessary to establish which body is competent to decide, what majority is required and whether the particular work is prohibited or permitted subject to conditions.

Where no special rule applies, the statutory framework governs: an owner’s exercise of rights must not prejudice the use enjoyed by others, the building’s safety and ordinary purpose, or its protected architectural appearance.

Remedies that a co-owner may consider

Subject to the statutory conditions, an individual co-owner may seek protection of rights in the common parts or of the use of their own property. Standing and the appropriate remedy must, however, be assessed by reference to the title, the regulations and the specific interference.

Practical steps before taking action

• Obtain the deed establishing the horizontal properties, the building regulations and any amendments.
• Record the works with photographs, plans and reliable dates.
• Check the building permit and any declaration under unauthorised-construction legislation, while keeping the planning and private-law reviews distinct.
• Seek technical advice where structural safety, boundaries or common installations are in issue.
• Consider the appropriate extrajudicial or judicial response promptly, particularly while works are continuing.

Frequently asked questions

Can I still object if the construction has been regularised for planning purposes?

Yes, where rights under the law, the deed or the building regulations are infringed. Planning regularisation does not automatically cure the private-law dispute.

Is unanimity always required for a change to the façade?

No universal rule of unanimity applies to every case. The required consent or majority depends on the work, the title deeds, the building regulations and any special statutory provision.

Can a single co-owner bring court proceedings?

An individual co-owner may have an independent right to judicial protection, but the legal basis, standing and requested remedy require case-specific assessment.

Does long-term tolerance legalise the alteration?

Not automatically. The passage of time and the parties’ prior conduct may affect the dispute, but do not necessarily replace a required title or consent.

Do the building regulations bind a new purchaser?

As a rule, yes, where they were validly executed and registered and form part of the horizontal-property regime.

What is the safest first step?

Review the title deeds and building regulations and obtain an accurate technical record of the work. A formal notice is often considered once the full position is known, but is not mechanically appropriate in every case.

Conclusion

A change to an apartment building’s appearance is not determined solely by whether it has been declared to the planning authorities. A combined review of the law, the title deeds, the building regulations and the factual and technical consequences is required.

Have alterations been carried out in your apartment building? Our law firm can review the title documents, building regulations and available evidence and assess the appropriate extrajudicial or judicial options.

This article is intended solely for informational purposes and does not constitute legal advice. Each case requires an individual assessment based on its specific facts and the applicable legal framework. For specialised legal advice, please contact our law firm.