UncategorizedAccumulation of Supporting Documentation Requirements under Article 98 of Law 4495/2017 and Article 16 of Law 5142/2024 for the Execution of a Unilateral Modification of Constitutive Deeds

Interaction Between Article 16(1)(a) of Law 5142/2024 and Article 98 of Law 4495/2017

There exists a relationship of interaction between the provisions of Article 16(1)(a) of Law 5142/2024 and Article 98 of Law 4495/2017.

While subparagraph (a) of paragraph 1 of Article 16 of Law 5142/2024 does not directly repeal Article 98 of Law 4495/2017, it overlaps with the provisions of paragraph 9A of Article 98 of Law 4495/2017, which concern the conditions and formalities for the modification of the constitutive deeds of divided properties.

It is therefore clearly possible to execute a unilateral modification of a horizontal property invoking both Article 98(7) of Law 4495/2017 and Article 16(1)(a) of Law 5142/2024.

Example:

Suppose an apartment has an area of 80 sq.m. as per the original constitutive deed. An engineer identifies the following irregularities originating from construction:

1. Extension of the apartment into the common light well by 2.50 sq.m.
2. Extension into the semi‑open area by 8 sq.m.
3. Extension into the neighboring property by 3 sq.m.

Solution:

1. Extension into the common light well: The provisions of Article 98 of Law 4495/2017 apply, with reference to the relevant conditions.
2. Extensions affecting the neighboring property: The provisions of Article 16(1)(a) of Law 5142/2024 apply. The same may optionally apply to the semi‑open area.

All the above adjustments can be incorporated into a single unilateral modification deed, invoking two legal bases, resulting in a horizontal property with a modified area of 93.50 sq.m.