Legal Framework for Changing Facades in Co-Owned Buildings

Modifying the exterior appearance of a building subject to a condominium regime (apartment building) is a complex issue, as the facades are considered common property and shared elements.

1. The Legal Basis and Joint Ownership

According to the Civil Code and Law 3741/1929, elements such as the exterior walls, the load-bearing structure, the roof, and the general appearance of the building belong to all the co-owners.

• Restrictions: Each owner may use or repair common areas, provided that they do not infringe on the rights of others or alter their intended purpose.

• Self-regulation: Unilateral alterations to the facade are prohibited, even if they serve exclusively a specific apartment.

2. The Crucial Role of the Regulation

The Condominium Regulations and the Articles of Incorporation take precedence with regard to the internal relations of the co-owners.

• The regulations may impose stricter rules regarding openings, color schemes, or facade materials.

• According to the case law of the Supreme Court (e.g., SC 1119/2012, Supreme Court 480/2018), substantial changes require a unanimous decision or the consent specified in the regulations.

3. Zoning Requirements & Consent

In addition to civil law, there is also the administrative aspect:

• Ministerial Decision YPEN/DAOKA/43266/1174/2020:  For work on facades, roofs, or the building structure, a declaration of consent from the co-owners is required.

• EEDMK: If a Small-Scale Building Permit is issued without the necessary consent, the decision is administratively vulnerable and may be challenged for annulment.

4. Division of Labor: What is permitted?

Legality depends on the nature of the intervention:

• Permitted: Simple maintenance or restoration that preserves the existing form.

• Not permitted (without consent):  Changing colors, replacing window frames with a different type, creating new openings, cladding facades, or installing permanent structures that disrupt the aesthetic unity.

5. Consequences of an Unlawful Change

In the event of unauthorized alterations, the other co-owners have the right to:

1. They should request that the work be suspended.

2. They should demand that the facade be restored to its original condition.

3. To challenge the administrative license (e.g., EEDMK) before the competent authorities.

Conclusion: A change of position without consent is lawful only in exceptional cases (e.g., an explicit provision in the regulation). For a sound legal assessment, it is necessary to examine the Recommendation, the Regulation and any Urban Planning Permit.