February 22, 2024

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Did you park the pilot? When is it illegal and do you risk a fine?

Did you park the pilot?  When is it illegal and do you risk a fine?

Turning the pilot into a parking lot is a common practice, and its legality cannot be taken for granted in all cases.

The wheelhouse in an apartment building is a shared space, which all tenants and co-owners of the property have the right to use.

This does not change even if the apartment building is used as a parking space, Despite the fact that until recently, the parking space in the common area of ​​​​a residential building – experimental or exposed – did not constitute horizontal ownership Thus he was unable to secure its exclusive use.

This was changed by Law No. 5005 dated 12/21/2022, which gives the owner the right to convert the open parking space in the cockpit into a control of the apartment, Guaranteeing, among other things, the right to transfer it to another tenant of the residential building.

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At the same time, parking spaces in the pilot homes were integrated into the shared ownership ratio on the residential building plot, even without the need for the consent of all co-owners.

This makes it perfectly legal for apartment building owners or tenants to park and park vehicles Exclusive use of previously established positions unilaterally or unconstitutional horizontal ownership.

Apartment owners can even sell parking spaces in the parking lotProvided that the buyer is the owner of another apartment in the residential building.

Any other use is considered illegal. Therefore, if a vehicle is parked in its place, and its user is not a tenant of the residential building, this is prohibited.

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also, It is prohibited to grant, sell or rent parking to a vehicle user who is not the owner or tenant of an apartment in the residential buildingThe fine for violators reaches 1,000 euros.

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