Horizontal Property Ownership in Greece: Apartments, Common Areas and Exclusive-Use Rights
Under Greek horizontal-property ownership, an apartment can be owned separately while its owner also holds an associated undivided share in the land and common building parts. A storage room, parking place, garden or roof terrace may be separately owned, ancillary, commonly owned or subject to an exclusive-use right. Those categories are not interchangeable, and a listing's word “private” does not establish which rights will legally transfer.
What is horizontal property ownership?
Οριζόντια ιδιοκτησία is a legal arrangement allowing separate ownership of a qualifying apartment or unit together with an associated undivided co-ownership share in the relevant land and common parts.
The framework arises principally under Law 3741/1929 and Articles 1002 and 1117 of the Greek Civil Code. A separate unit can be sold subject to the applicable registration and transfer requirements.
An undivided share does not mean the owner can fence off a corresponding physical percentage of the garden or roof.
Which parts are normally common?
Shared structural and functional elements commonly include the land, foundations, significant walls, stairs and roof, subject to the governing legal documents and mandatory law.
| Feature | Possible arrangement | What to investigate |
|---|---|---|
| Land | Undivided co-ownership | Apartment's legal share |
| Roof | Common property; possibly exclusive use | Deed, rights and permitted alterations |
| Stairwell and lift | Common facilities | Access and expenses |
| Courtyard / garden | Common or allocated exclusive use | Registered source of the claimed right |
| Parking | Separate, ancillary or exclusive-use, depending on case | Deeds, location and applicable rules |
| Basement storage | Separate, ancillary, common or other | Which legal right accompanies sale? |
A private door or exclusive physical access is not itself proof of separate ownership.
Which documents establish these rights?
Request the deed establishing horizontal property — σύσταση οριζοντίου ιδιοκτησίας, relevant amendments, the seller's acquisition deed, applicable registrations and the building regulation — κανονισμός πολυκατοικίας if one exists.
The establishment deed identifies the legal unit and relevant ownership structure. The building regulation may set rules for shared management, expenses and use. Later amendments may materially change the picture.
The lawyer should read the operative Greek documents, not infer rights from the property agent's English listing.
Separate ownership versus exclusive use
An exclusive-use right — δικαίωμα αποκλειστικής χρήσης can reserve use of part of common property for a specific unit without creating separate ownership of the underlying space.
| Legal position | Buyer consequence |
|---|---|
| Separate unit ownership | Distinct legally recognised property right |
| Ancillary attachment | Connected to the main unit under the deeds |
| Exclusive use | Defined use can belong to one unit though ownership remains common |
| Common use | Shared according to applicable legal framework |
| Informal occupation | Does not automatically establish enforceable private right |
A right may also be restricted as to transfer, use or alterations. Ask whether it runs with the apartment and whether it survives the sale.
Does the top-floor apartment own the roof?
Not simply because it occupies the top floor.
A roof may be common property subject to an exclusive-use arrangement. The buyer must determine whether the space is legally allocated and what may be placed or built on it.
Exclusive use is not an automatic building permit. A proposed pergola or enclosure may require planning approval and examination of other owners' rights.
Why are Greek pilotis parking spaces unusual?
The pilotis — πιλοτή / πυλωτή is an open ground-level area beneath a building. Open parking spaces there can involve distinctive Greek property-law restrictions.
Law 5005/2022, Article 46 provides specified mechanisms for certain open pilotis parking arrangements, including cases involving conversion to an ancillary exclusive-use right associated with an appropriately qualifying main-use unit.
It does not make every open parking space freely saleable to any outsider or validate any historic document automatically.
| Seller's description | Possible legal reality | Buyer verification |
|---|---|---|
| “Private covered parking” | Separately owned enclosed space or other right | Deed, location, registration |
| “Private pilotis space” | Exclusive use or historic arrangement requiring assessment | Applicable Article 46 conditions |
| “Reserved outdoor parking” | Documented exclusive use or informal arrangement | Actual deed and building rules |
An independent lawyer should examine the legal basis of the exact space. An engineer should confirm its physical identity and relationship to approved plans.
What about the storage room?
A basement room can be a separately owned unit, an ancillary property part or a shared space allocated for use. A key and decades of occupation do not by themselves establish title.
Also distinguish lawful storage from authorised residential accommodation. A converted storeroom may require engineering review of approved use. See unauthorised construction.
What are χιλιοστά and do they determine all building charges?
Χιλιοστά are ownership shares expressed in thousandths. For example, 120/1000 corresponds to 12% of the relevant ownership whole.
That does not automatically mean 12% of each monthly invoice, nor a physical 12% plot.
Expense allocation may follow different tables, the building regulation and applicable law. Heating, lifts and particular maintenance categories can be allocated differently.
Illustrative calculation: A €10,000 roof repair allocated at 12% to an apartment would mean €1,200, only if 12% is the legally applicable expense share for that work. The ownership percentage alone does not establish the bill.
Why should buyers investigate common expenses?
Κοινόχρηστα may cover cleaning, lighting, lift maintenance, heating and repairs to shared installations. Monthly routine payments may not reflect major pending facade, roof or lift work.
Ask for the available building regulation, expense tables, recent common-charge statements, significant decisions on major works and known arrears. Have the lawyer explain whether and how outstanding obligations affect the transaction.
A low monthly charge is not proof the building needs no major repairs.
Can the establishment deed be amended unilaterally?
Sometimes, within narrow statutory conditions. Law 5142/2024, Article 16 permits specified unilateral notarial corrections to parts of horizontal/vertical property documents where the historical physical status, HTK documentation, protection of others' rights and other conditions are satisfied.
The same provision addresses certain up-to-2% area measurement deviations. That is not a universal right to enlarge an apartment or overlook unpermitted construction.
A buyer should ask which exact provision and documentation supports a proposed correction. A general assertion that “the notary can fix it” is insufficient.
Changes to common-property rights may have tax implications in specified circumstances. The AADE circular E.2002/2026 concerns certain transactions involving common property; it is not a universal tax amount for every amendment.
Can you renovate without neighbours' consent?
Not every interior decoration requires the same process as a structural alteration or work affecting the facade, roof and common services.
| Intended work | What might matter |
|---|---|
| Kitchen replacement | Scope and applicable permits |
| Remove structural wall | Structural safety, approval and shared rights |
| Enclose balcony | Planning, documentation, possibly building rights |
| Pergola on roof terrace | Exclusive use, common rights, building requirements |
| Convert basement storage | Legal use and engineering approval |
| Modify shared heating | Other owners' rights and applicable rules |
The lawyer and engineer must examine the particular works. Do not promise a buyer that a private terrace always grants construction rights.
Worked example: an Athens penthouse with “private” amenities
A fictional apartment at €365,000 is marketed as 88 m² with a 35 m² private roof terrace, private pilotis parking and basement storage.
The title review finds: terrace is common property with documented exclusive use; parking is recorded under an older arrangement requiring more legal investigation; storage is an ancillary right. The buyer wants a terrace enclosure, which has not been assessed for planning permission.
The responsible summary says what is actually owned, what can be used, and what remains unverified. It does not claim the advertisement is necessarily fraudulent or that a terrace automatically adds 35 m² of main living space.
Fictional case.
The Apartment Rights Verification Matrix
| Advertised item | Evidence to examine | Status |
|---|---|---|
| Apartment | Deed, relevant registration, property-unit KAEK | Verified / Pending |
| Main floor area | Plans, HTK and engineering measurements | Verified / Pending |
| Land share | Horizontal-property establishment | Verified / Pending |
| Parking | Deed, building arrangement, Article 46 if relevant | Verified / Pending |
| Storage | Separate or ancillary right | Verified / Pending |
| Terrace / garden | Ownership or exclusive-use documentation | Verified / Pending |
| Common expenses | Rules and relevant allocation table | Reviewed / Pending |
| Intended works | Legal and technical permissions | Reviewed / Pending |
This is an editorial worksheet, not an official ownership certificate.
Frequently asked questions
Do apartment owners own part of the land?
Typically, yes, an undivided share associated with the separately owned unit under the applicable legal arrangement.
Does a private roof terrace mean separate ownership?
Not necessarily. It may be common property subject to a valid exclusive-use right.
Can any pilotis space be separately sold?
No general conclusion applies. Specific Greek provisions and documents must be examined.
Does 120/1000 ownership mean 12% of every expense?
Not automatically. Check legally applicable expense allocations.
The central buying question
The physical apartment, its separately owned rights, common shares, exclusive uses and shared liabilities form different components of the purchase. Verifying them avoids treating a real but limited use right as unlimited ownership.
The Greek Property Report is independent and buyer-funded, with no brokerage commission or completion fee. We cannot replace a Greek lawyer's ownership review or an engineer's technical assessment.
Understand the evidence, and what still needs checking
Our methodology explains what independent, buyer-funded research can establish—and what must be verified by a Greek lawyer, engineer or notary.
Independent, buyer-funded research. No brokerage commission or fee contingent on a completed purchase. Not a professional valuation, legal opinion or engineering assessment.