Greece eases rules on apartment mergers, allowing 67% co-owner approval

The new provision amends Article 220 of the Nikolaos Tagaras Code of Spatial Planning and Urban Development (Law 5306/2026) and seeks to address restrictions that make it difficult to combine independently owned properties, particularly in older apartment buildings.

The most significant change concerns the possibility of merging individual apartments with the consent of owners representing at least 67% of the ownership rights in each of the properties to be merged, irrespective of the provisions contained in the deeds establishing horizontal property ownership or the building’s regulations.

The provision applies to properties located within the same building, as well as properties in adjoining buildings or land plots, provided that the structural integrity of the buildings is ensured following the necessary alterations.

Changes to Structural Interventions

Particular importance is attached to the provisions governing construction interventions that may be required to enable two independently owned properties to function as a single space.

The bill stipulates that interventions to the structural framework of a building are generally permitted subject to the consent of the co-owners. However, it introduces exceptions allowing such works to be carried out unilaterally, notwithstanding the building’s regulations, provided that structural adequacy is substantiated through an appropriate engineering study.

More specifically, where structural reinforcement works are required, these may, subject to the prescribed conditions, be carried out without the consent of the remaining co-owners, provided that columns and beams are not affected.

In addition, a specific provision allows necessary reinforcement works to be undertaken unilaterally, at the expense of the owners of the apartments being merged, provided that the interventions remain confined to the respective privately owned properties.

The provision therefore seeks to strike a balance between property owners’ rights to make use of their assets and the need to safeguard the structural safety of the building.

Possibility of Restoring Apartments to Their Original Configuration

Article 80 also retains the possibility of functionally subdividing merged properties and restoring them to their previous configuration, subject to the same requirements.

This provision is particularly relevant to the property market, as it allows residential and commercial spaces to be adapted to the changing needs of owners and occupants.

Importantly, the functional merger of apartments does not automatically result in their legal consolidation into a single property. These are two distinct procedures, with different planning and property law implications.

Provisions for Existing Apartment Mergers

Another significant addition concerns functional mergers that have already been carried out.

Under the new paragraph 6 of Article 220, the provisions of the regulation are also extended to previously completed functional mergers, provided that written approval has been obtained from the respective property owners and all other requirements set out in paragraph 5 are satisfied.

The provision therefore establishes a framework under which existing apartment mergers may be brought within the scope of the new requirements. This does not, however, automatically legalise any unauthorised construction or structural intervention.

New Opportunities for Making Better Use of Existing Building Stock

The proposed amendment is particularly significant in a property market where a substantial proportion of the residential building stock consists of older apartments with small or medium-sized floor areas.

The possibility of merging neighbouring properties could facilitate the reconfiguration of existing spaces and their adaptation to changing residential and commercial requirements.