The case brought before the Council of State (CoS) concerned unauthorized constructions in common areas on the ground floor of an apartment building in the Municipality of Papagou–Cholargos.
According to decision 1616/2025, the Plenary Session of the CoS ruled by majority as follows:
For an unauthorized construction or change of use in common or jointly owned areas of an apartment building (or other properties governed by horizontal or vertical property laws) to be regularized under Law 4178/2013, it is not sufficient to merely comply with the procedural requirements and submit the prescribed documentation. It is also necessary that the rights of the other co-owners, which are constitutionally protected, are not infringed.
The specific provision of the law (subparagraph i’) that allows an application for regularization to be submitted by a co-owner holding a simple majority (in the absence of other regulations) aims to facilitate the filing of applications and the registration of unauthorized constructions. However, this provision cannot be applied in cases where objections are raised by other co-owners.
Therefore, if there is no existing regulation and one co-owner objects, the competent authorities (urban planning departments, SY.PO.TH.A., etc.) are obligated to reject or annul the application, even if it has already been approved. They cannot accept the application solely on the basis of majority support.
Disputes regarding the validity or legality of such cases must be resolved by the civil courts, as they concern co-ownership rights.
