It refers to the case where on a floor there is a different arrangement of distinguished independent horizontal or vertical property than that provided for in the approved plans of the building permit.

• When is partitioning considered arbitrary?

When the floor has been partitioned differently from the one provided for in the approved plans of the building permit, and has brought about a modification of the mechanical installations. Then it is considered a violation and falls under the provisions of the law on unauthorized constructions and a floor plan showing the existing condition of the floor is submitted. Usually, because the square meters of the apartment change, there is also a change in the electrical installation, the drainage and the heating, for this reason the urban planning asks to be settled with the Law on Arbitraries.

• When is there no need to amend a recommendation?

In the event that the town planning plans are different from the reality, however the plans of the establishment of the horizontal property found in the notary are the real ones. In this case, the town-planning regulation is carried out and then the transfer without the need to amend the constitution, because the consent of all the owners of the apartment building is presumed, as in essence they consented when signing their contracts.

• When is a recommendation amendment required?

When the plans of the composition of the horizontal property, which are in the file of the notary who drew it up, are different from the reality, then the town planning arrangement is made and then for the transfer it is necessary to modify the composition of the horizontal properties of the apartment building.

• Is it possible to transfer the apartments that have subdivisions and is it necessary to modify the constitution of the apartment building?

With the new law of the Ministry of the Interior, the unilateral annexation and modification of ownership is now allowed in an apartment building in the case of subdivision in which the annexation and modification of composition is carried out only by the owners of the horizontal properties affected by it.

Specifically, it is true that:

In the case of arbitrary expansion or impairment of independent horizontal property at the expense or in favor of neighboring horizontal property of this or another owner, it is possible to be subject to the law on arbitrary, 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 establishing the horizontal property. Thus, they can integrate or distribute, mutually, the space subject to the provisions of this article, in their horizontal properties or exclude it from it, without affecting the 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.

• Is it possible to transfer the apartments that have excess construction within a common space?

After settling the irregularities and if certain conditions are met (the arbitrariness must exist from the construction and on all floors or if the arbitrary extension or reduction takes place within the legal volume of the building or in legal or illegal basements level )) the owner has the right to unilaterally proceed with a notarial deed amending the deed establishing horizontal or vertical ownership, in order to incorporate the space subject to the provisions of this article into the horizontal or vertical ownership of him or to exclude him from it. In this case, the consent of all co-owners is presumed.

Also, the owner has the right to proceed unilaterally with a notarial deed amending the deed establishing horizontal or vertical ownership, and in cases where the same arbitrary construction exists on all floors and is not of construction.
Necessary element for the application of the provision, in the event that the required conditions are not cumulatively met, is the lapse of ten years from the commission of the arbitrarinessand the non-issuance of an irrevocable court decision ordering the demolition.

• What about arbitrarily in warehouses andparking which are areas of exclusive use?

Επί αυθαιρέτων κατασκευών ή αυθαίρετων αλλαγών χρήσης που έχουν εκτελεστεί ή εγκατασταθεί σε οριζόντια ή κάθετη συνιδιοκτησία και εντός τμημάτων αποκλειστικής χρήσης αυτών, εφόσον κατά τη σύσταση διηρημένων ιδιοκτησιών έχουν αποδοθεί στους δικαιούχους ως αποκλειστική χρήση, για την τακτοποίηση των αυθαιρέτων που έχουν κατασκευαστεί εντός αυτών των χώρων, δεν απαιτείται συναίνεση των λοιπών συνιδιοκτητών.

Specifically, when arbitrary constructions or changes of use, which serve co-ownership, have been carried out or installed in an annex of horizontal or vertical ownership, the owner has the right to unilaterally proceed with a notarial deed amending the deed establishing horizontal or vertical ownership, in order for the annex to acquire the character common and jointly owned space of the co-ownership. In this case, the consent of all co-owners is presumed.