External interventions in an apartment building

Most conflicts in apartment buildings don't stem from major construction projects, but from everyday, seemingly harmless alterations to the exterior of the apartments.

• The usual "suspects":Replacing window frames, painting balconies, installing awnings, mounting air conditioners on the facade, or building canopies and pergolas.

• The legal reality: These actions are not simply a right of the owner within his or her apartment. Because they affect the appearance of the building, they directly impact the mandatory co-ownership, common use, and aesthetic unity of the building.

What the law provides: Civil Code (Article 1117): The foundations, party walls, roof, yard, and land are subject to compulsory co-ownership. Law 3741/1929: The owner may exercise his rights only if he does not interfere with the use of the property by others and does not compromise the safety of the building.

The Concept of "View" and the Role of the Regulation

The appearance of an apartment building is not limited to the exterior of a single apartment; it is part of the building’s overall architectural identity.

Consequently, any intervention is evaluated based on two criteria:

1. If it causes practical inconvenience.

2. If it disrupts the visual harmony or violates the regulations.

The Supreme Court’s Position: The Supreme Court has ruled that apartment building regulations may legally impose stricter restrictions than those set forth by law. In fact, it has ruled that the unauthorized installation of air conditioners on the facade may constitute a direct violation of the building regulations.

Breakdown by Intervention Category

A. Window Replacement

• Urban Planning (Law 4495/2017): Allows for the replacement or repair of exterior window and door frames without a building permit or small-scale approval (provided that scaffolding is not used).

• Private Law: This urban planning freedom does not repeal the apartment building regulations. If the new window frames change in color, material, or shape and uniformity is lost, the action remains illegal vis-à-vis the co-owners.

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B. Exterior Colors

While interior painting is permitted, exterior painting (railings, balconies, facade walls) affects the common exterior. If the result differs from the rest of the apartment building, the consent of the co-owners is required. The term “a simple coat of paint” is legally misleading when it comes to the facade.

C. Awnings and Sunshades

• Urban Planning: The installation of temporary awnings and canopies (even those with vertical supports, as permitted by the National Building Code) is exempt from the requirement to obtain a permit.

• Regulations: If the regulations specify a particular type, color, or dimensions, owners are required to comply. The haphazard installation of different awnings constitutes a visual impairment of the building.

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D. Air Conditioners (A/C)

The outdoor unit constitutes a visible mechanical installation, which often causes noise, vibrations, or water runoff. Installing it on the facade alone is legally risky. The safe solution is to install it in designated locations or at points approved by the General Assembly.

E. Standalone Exterior Structures (Insulation, Canopies)

Here, the requirements are stricter, since we're talking about structural elements.

• A Small-Scale Building Works Permit (SSBWP) is requiredfor projects such as exterior thermal insulation or canopies

• Pursuant to Ministerial Decision YPEN/DAOKA/43266/1174/2020, a declaration of consent from the co-owners is required for work on common areas (facades, roof terrace, roof).

The Most Common Mistake: Administrative vs. Private Legality

Administrative Legality (Urban Planning)	Private Ownership (Co-ownership)
It governs the relationship between citizens and the State.	It governs the relationships between the co-owners.
It determines whether a permit or an EEDMK is required.	He reviews the rules and the rights of others.
Just because a project does not require a permit from the city planning department does NOT mean that it is also permitted under the apartment building’s bylaws.	The fact that the co-owners do not object does NOT make a project that requires a building permit lawful.