Opinion of the Ministry of Physical Planning, Construction and State Assets on the Application of Articles 33, 34 and 35

For the purpose of informing and ensuring the correct application of the provisions of the Law on the Management and Maintenance of Buildings, we convey the opinion of the competent Ministry regarding the following articles:

  • Article 33 – Conducting business activities in residential buildings
  • Article 34 – Apartments for short-term rental
  • Article 35 – Rental to a larger number of persons

 

Conducting business activities and short-term rentals

  • Consent of co-owners is NOT required if the activity (e.g., office, tourist rental) is carried out in a business space.
  • Consent of co-owners IS required if the activity is carried out in a residential space, since this changes the designated use of the premises.

 

Working hours of business premises

Co-owners have no legal basis to determine the working hours of business premises, such as:

  • catering establishments (cafés),
  • playrooms,
  • dance schools,
  • theaters, etc.

However, issues of noise and house rules may be regulated through:

  • the Condominium Agreement,
  • House Rules (e.g., defining daytime and nighttime rest hours),
  • imposing fees for violations of rules.

 

Renting business premises for housing a larger number of persons

Business premises are not intended for residential purposes, including:

  • long-term or short-term rentals to a larger number of persons.

For such a change of use, it is necessary to obtain:

  • approval of the competent authorities (e.g., building inspection, sanitary inspection),
  • consent of the other co-owners.
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