In a landmark ruling (1616/2025), the Council of State decided that without a condominium regulation, even a single co-owner’s objection is enough to block any attempt to regularize unauthorized constructions. This fundamentally reshapes the landscape, effectively nullifying the collective settlement option by majority vote that had been provided under Law 4178/2013.

The Court held that co-owners’ property rights are constitutionally protected and cannot be overridden—even if the majority of residents vote in favor of legalization. In other words, when it comes to common areas, a single objection is sufficient to stop the process. As a result, the law’s provisions aimed at easing owners’ burdens and achieving comprehensive registration of unauthorized buildings are deemed inapplicable in these cases.

Where the ruling has the biggest impact
The decision primarily affects small, family-owned apartment buildings from the 1960s and 1970s, where no formal condominium regulations exist. In these cases, the absence of clear rules—often combined with everyday disputes among relatives or neighbors—makes legalization practically impossible.

By contrast, larger apartment complexes built by construction companies, which almost always have formal regulations, remain governed by majority rule. In those cases, legalization procedures are not disrupted.

Market impact
The Hellenic Property Federation (POMIDA) was quick to clarify that the ruling does not affect the entire real estate market, but mainly older, unregulated buildings. Still, for affected owners, the consequences are significant: many who hoped to escape fines by bringing enclosed spaces into compliance now see their applications frozen. Unauthorized areas remain undeclared, penalties remain in force, and new rounds of disputes are expected within apartment blocks.

What this means in practice

• With a regulation in place, Decisions can still be made by majority, and legalization proceeds normally.

• Without a regulation, Full consensus is required. Even one objection is enough to invalidate the process, leaving unauthorized areas unsettled and owners exposed to fines.