What applies to a pilot, underground garage, and uncovered space…
Converting a pilotis into a parking space is common practice. The pilotis of an apartment building is a common area, which all tenants and co-owners of the property have the right to use. Until recently, a parking space in a common area of an apartment building—whether covered or uncovered—was not considered horizontal property and, therefore, could not be secured for exclusive use.
Law 5005 of 21/12/2022 gives the owner the right to convert the open parking space into a covered parking space, into an accessory to the apartment, ensuring, among other things, the right to transfer it to another tenant of the apartment building. At the same time, parking spaces in the pilotis are incorporated into the co-ownership percentage of the apartment building’s land, without requiring the consent of all co-owners.
It is therefore perfectly legal for the owners or tenants of an apartment building to park their vehicles and have exclusive use of the parking spaces that have been previously designated following the unilateral or non-unilateral establishment of horizontal ownership. It should be noted that apartment owners can even sell their parking space in the basement, provided that the buyer is the owner of another apartment in the apartment building. However, it is prohibited to transfer, sell, or rent the parking space to a vehicle user who is not the owner or tenant of an apartment in the apartment building.
How are parking spaces determined in an apartment building?
According to current legislation, the required number of parking spaces for new buildings or additions to existing buildings is calculated according to the use and total area of the building, which is included in the building coefficient, or according to the specific details of the use (total number of rooms, beds, or seats).
Before the building permit for the apartment building is issued by the Town Planning Department, the engineer calculates the required number of parking spaces and submits a diagram with a notarial deed, specifying and reserving the parking spaces for the building. The number of these spaces must be proportional to the coverage of the building, as well as depending on the uses that will be installed in the building (e.g., residence, offices, educational institutions, etc.).
Where are parking spaces allowed to be located?
The uncovered area, the roof terrace, and the pilotis are common areas. Parking spaces in these areas are designated either by agreement of all co-owners, which is recorded in the apartment building regulations, or by recommendation or amendment of floor ownership by notarial deed. All co-owners must agree to any amendment.
Parking spaces are divided into open and closed spaces, with sufficient space of at least 12 square meters, easy access, and enough free space for maneuvering.
Is the open parking lot separate property that can be sold?
Open parking spaces are not separate property, i.e., they do not have a share in the common plot. They are granted for the exclusive use of each owner of horizontal property, e.g., an apartment, and this is done with a special reference in the apartment purchase contract, and this space is completely linked to the specific apartment. It cannot be transferred or leased to a third party who does not own property in the specific building. An open parking space cannot be closed without the consent of all co-owners.
What about closed parking spaces?
Closed parking spaces provided for in the building permit are not common areas and constitute horizontal property with participation in the plot. They can be transferred to any interested party without restrictions. They have the right to lease the space unless prohibited by the apartment building regulations, and these spaces are subject to common expenses just like the apartments.
What about parking spaces in the basement?
- The basement is a common area and shared space. It belongs to all the owners of the apartment building, just like the courtyards, stairwells, etc. Private parking is expressly prohibited.
- The co-owners of the apartments in an apartment building can designate specific parking spaces in the pilotis for their exclusive use (not ownership).
- Only apartments and shops in the apartment building are entitled to a parking space, not storage rooms, especially when they are less than 40 square meters.
- Who can legally park in the basement and who owns the parking spaces can be determined by establishing horizontal ownership or by a separate contract. If neither of these is done, then the law applies. In other words, everyone has the right to park anywhere, without specific spaces.
- Parking spaces that were purchased before the law was passed as separate properties are still privately owned today. These spaces can be transferred and rented out.
- Parking spaces designated for exclusive use cannot be rented out to third parties. In other words, they are not privately owned, as this is expressly prohibited by the 1981 law.
What applies to parking spaces in the underground garages of apartment buildings?
According to court rulings on the ownership status of parking spaces, it has been ruled and is generally accepted that if they are located on the ground floor (enclosed parking spaces) or in the basement, they can be subject to divided ownership and are therefore not common areas of the building and can be rented or sold to third parties.
Am I allowed to use the uncovered area as a parking space?
Initially, the uncovered area of the plot was mainly intended for planting, but today, in many apartment buildings, the uncovered area is used as a parking space, covering the entire lawn.
However, the uncovered area of the plot may be used as an uncovered (open-air) or lightly covered car parking area, but only on a percentage of the plot’s surface area and outside the mandatory planting area, which corresponds to 2/3 of the plot.
Which buildings are not required to provide parking spaces?
The following are exempt from the parking space requirement:
- Buildings constructed before 1979
- Traditional buildings that are being restored, provided that the restoration returns the building to its original form,
- Buildings erected in settlements or parts thereof that are designated as traditional and for which special building and protection conditions and restrictions have been established,
- Buildings that have been deemed to be demolished in whole or in part due to earthquakes, provided that they are rebuilt with the same surface area and for the same use.
* Under no circumstances shall the website be held liable for any error or omission in any damage or loss that may arise from the use of any content posted, sent, transmitted or otherwise made available by users/members on the website services.