What applies and what are the legal consequences
The building regulations constitute the basic document governing the operation of and coexistence among owners and occupants in a building with horizontal properties. They are not merely a formal document; they have legal force and are binding on everyone who resides in or owns property in the building.
A violation or breach of the regulations may give rise to serious disputes between co-owners and, in certain cases, may even lead to court proceedings.
Below, we explain what constitutes a violation, what the consequences are, and what steps someone may take to address it.
What are the building regulations?
The building regulations, provided that they have been duly drawn up and lawfully registered/recorded, are a document that:
- Regulates the use of common areas
- Determines the obligations of the owners
- Specifies the method for allocating common expenses
- Imposes restrictions on the use of apartments
- Sets out decision-making procedures
They constitute a supplementary framework to the law on horizontal property ownership and are binding on the co-owners and their special successors.
What constitutes a violation of the regulations?
A violation exists when an owner or occupant acts in a manner contrary to the terms of the regulations.
Common examples include:
- Unauthorized change of use of an apartment (e.g. conversion into commercial premises where this is prohibited)
- Occupation of common areas
- Installation of structures without approval
- Non-payment of common expenses
- Creation of excessive noise in breach of the rules
- Installation of air-conditioning units or awnings without permission
The seriousness of the violation depends on the nature and extent of the infringement.
What is the legal force of the regulations?
The regulations, provided that they have the required legal form and publicity (registration/recording where applicable), are binding on the co-owners and their special successors and may constitute a basis for judicial protection.
Their breach may give rise to a claim for cessation of the violation and/or compensation, in accordance with their content and the applicable law.
What can someone do in the event of a violation?
The response is usually progressive:
- Out-of-court approach
Often, the issue can be resolved by informing the offender or by sending a written notice. - Decision of the general assembly
The assembly may decide on actions and, only if this is expressly provided for in the regulations, on the imposition of the предусмотрεν sanctions. - Formal extrajudicial notice
If the violation continues, a formal notice is sent through a lawyer. - Judicial action
In serious cases, the following may be filed:
- An action for cessation and abstention
- An action for damages
- An application for interim measures
The court may order the restoration of legality.
What if there are no regulations?
If there are no regulations, the law on horizontal property ownership and the general provisions of the Civil Code apply.
In that case, disputes are resolved on the basis of good faith and the prohibition of abusive exercise of rights.
Can the regulations be amended?
Yes, but a specific majority is required, as provided for in the regulations themselves or by law.
In many cases, unanimity is required, especially when the amendment affects ownership rights.
What applies to a change of use of an apartment?
A change of use (e.g. short-term leasing, professional/commercial use) is one of the most frequent issues.
If the regulations expressly prohibit a specific use, their breach may be challenged before the courts.
In recent years, case law has developed specific approaches, particularly with regard to short-term leases.
What are the consequences for the offender?
Depending on the case, the following may be imposed:
- Obligation to cease the violation
- Restoration of damage
- Monetary compensation
- Court costs
At judicial level, the court may, depending on the circumstances and the relevant claim, order compliance measures, such as a monetary penalty in case of non-compliance, in accordance with the applicable procedural provisions.
Violation of Building Regulations and Tort Liability – The legal framework
Greek case law has clarified that a mere breach of the building regulations does not in itself constitute a tort. The regulations constitute a contract among the co-owners; therefore, their breach primarily amounts to a breach of contractual obligation and not automatically to tortious conduct.
What does this mean in practice?
If a co-owner violates the regulations (e.g. occupies a common area), this in itself establishes:
- The right to demand cessation of the violation
- The right to demand compliance
- Claims arising from the regulations themselves
However, in order for a tort under Article 914 of the Civil Code to exist, additional requirements must be met.
When is tort liability established (Article 914 Civil Code)?
According to Article 914 of the Greek Civil Code:
“Whoever unlawfully and culpably causes damage to another is obliged to compensate him.”
For a tort to exist, the following elements must cumulatively be present:
- Unlawful act or omission
- Fault (intent or negligence)
- Damage
- Causal link between the act and the damage
Therefore, a simple breach of the regulations is not sufficient. The same conduct must also be unlawful under statutory law.
When is the element of ‘unlawfulness’ present?
The element of unlawfulness is present when the conduct violates:
- Law 3741/1929 on horizontal property ownership
- Provisions of the Civil Code
- Provisions protecting ownership (Articles 1000 et seq. Civil Code)
Example:
If someone uses a common area in a manner that violates not only the regulations but also the law on horizontal property ownership, then unlawful conduct exists.
If that act:
- Is committed with fault, and
- Causes pecuniary damage to another co-owner,
then tort liability under Article 914 of the Civil Code is established.
Right to compensation and moral damages (Article 932 Civil Code)
In addition to compensation for material damage, monetary satisfaction for moral harm may also be claimed under Article 932 of the Civil Code.
Moral harm is non-pecuniary damage suffered by a person as a result of an infringement of legally protected interests.
As a rule, it concerns:
- Life
- Physical integrity
- Honour
- Freedom
However, case law accepts that it may also arise from infringement of proprietary interests, such as:
- Ownership
- Co-ownership
- The right to use a common area
Therefore, if the unlawful use of a common area constitutes a serious and culpable infringement of another co-owner’s rights and causes proven non-pecuniary damage, a claim for monetary satisfaction for moral harm may be established.
When is monetary satisfaction awarded?
A mere allegation of moral harm is not sufficient. It must be proven that:
- There was an actual infringement, and
- Specific moral suffering was caused.
The court determines the amount on the basis of the principles of equitable compensation (Article 932 §1 Civil Code), taking into account:
- The type and seriousness of the infringement
- The extent of the damage
- The degree of fault
- The financial and social situation of the parties
Frequently Asked Questions (FAQ)
- Can an owner ignore the regulations?
No. The regulations are binding on everyone. - Can I carry out short-term leasing if the regulations do not mention it?
It depends on the wording. If it is not expressly prohibited, legal assessment is required. - What happens if someone does not pay common expenses?
Collection proceedings may be initiated through a payment order. - Can I install an awning without permission?
It depends on the regulations and urban-planning provisions. - Can the general assembly impose a fine?
Only if this is expressly provided for in the regulations. - What if the violation causes damage?
The injured party may claim compensation. - How long does court proceedings take?
It depends on the nature of the case and the court. - Can interim measures be sought?
Yes, in urgent cases. - Is a lawyer necessary?
In serious cases, legal guidance is necessary. - Can an owner be expelled from the building?
No. Ownership is not lost due to a violation, but sanctions may be imposed.
Conclusion
A breach of the building regulations is not merely a disagreement between neighbours, but a matter of legal compliance. The regulations are binding, and their violation may lead to serious consequences.
Timely handling of disputes, proper legal guidance, and adherence to the procedures can prevent escalation and ensure the smooth coexistence of co-owners.
This article is for informational purposes only and does not constitute legal advice. Each case requires individual assessment based on the specific facts and the applicable legal framework. For specialised advice, please contact our firm.
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