Apartment Renovation in a Building with Multiple Owners – When Is a Building Permit Required?
A planned apartment renovation may seem like a purely internal matter that affects no one beyond the property owner. In practice, however, a range of works — removing walls, enclosing loggias, relocating a kitchen, or making changes to plumbing and drainage — may fall within the scope of the Spatial Planning Act and require a building permit, and sometimes the consent of the building owners owners.
When Is a Renovation “Current Maintenance” and When Is It a Construction Work?
The Spatial Planning Act distinguishes between current maintenance, for which no construction documents are required, and construction works, which require an investment project and a building permit. A renovation remains within the scope of current maintenance only if it does not affect the structure of the building, does not remove or alter load-bearing elements, and does not change the designated purpose or loading of the premises.
In practice, however, many renovation projects go beyond the limits of ordinary maintenance. Particularly risky cases include the enclosure of a loggia, the creation of new openings in the facade, the relocation of a kitchen, changes to plumbing and drainage, and works affecting the common parts of the building. In such cases, the renovation is frequently classified as a construction work within the meaning of the Spatial Planning Act.
Enclosing a Loggia
One of the most common scenarios is the enclosure of a loggia and its integration into a kitchen or bedroom. The glazing of a loggia does not in principle require a building permit. However, where walls are removed, parts of the partition between rooms are demolished, or the space is genuinely “absorbed” into the flat, case law generally treats this as a reconstruction rather than simple glazing. This is significant because the loggia is treated as an open area; its enclosure leads to a change in the functional layout; and it frequently affects the building’s facade, which is a common part.
Is the Consent of the Condominium Required?
Not every renovation requires the neighbours’ consent. The law permits certain alterations without the approval of the other owners where the designated purpose of the entire unit is not changed, the common parts are not materially affected, and the shared installations are not altered in a way that affects other owners. It is important to distinguish between a change in the designated purpose of the apartment (for example, from residential to office use) and a change in the function of individual rooms (for example, converting a bedroom into a kitchen). The latter is generally not treated as a change in the designated purpose of the unit.
When Are Common Parts Considered Affected?
The building’s facade is a common part. Creating a new window, enlarging an opening, or demolishing a facade wall may be treated as a material alteration of a common part, in which case the consent of the building owners may be required.
In certain cases terraces also have the status of a common part — particularly where they function as the roof of the unit below. This means that even where the space is used exclusively by one owner, carrying out construction works on it may require the consent of the other owners.
Relocating a kitchen frequently requires changes to the building’s shared plumbing and drainage. Where an existing shared system is altered or new branches are run through common parts, a resolution of the general meeting of the building owners may be required.
What Are the Risks of Proceeding Without a Permit?
If a renovation is classified as a construction work but has been carried out without the required documentation, the consequences may include administrative inspections, objections from neighbours, revocation of any permit issued, an order for the demolition of the works, and enforcement of that demolition by the municipality. Particularly serious are cases where a permit was issued without the necessary consent of the building owners, and this is subsequently established in court proceedings.
Recommendations Before Starting a Renovation
Before commencing any significant renovation works, it is advisable to obtain a detailed technical opinion, assess whether common parts are affected, analyse the need for a building permit, clarify whether the consent of the building owners is required, and prepare an investment project where there is a risk that the works may be classified as construction.
Conclusion
Renovating an apartment in a building with multiple owners is not always simply an “internal matter”. Where the facade, a loggia, a terrace, shared installations, or the functional layout of the premises are involved, questions frequently arise as to the need for a building permit and the consent of the other owners. Given the varied case law and the specific features of each individual property, such projects should be carefully analysed from both a technical and a legal perspective before any construction work begins.