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Penal Code Art. 331 · self-help
Updated June 2026

🏢 Can the manager cut my heating over a debt?

No
Quick answer

No: the manager can't cut the heating of a single debtor. For the manager to close the radiators, disable the meter or cut supply to a resident who owes is illegal self-help (Penal Code Art. 331). The manager is only the assembly's agent, with no punitive power. The only lawful route is: reminder → formal notice → payment order → enforcement. The assembly may shut a shared service for the whole building, never selectively. On who pays: the tenant usually pays the operating common charges, the owner the extraordinary/capital ones; but towards the building the owner is liable. In short: no cut-off, only court enforcement.

📋 The rules

  • Cutting one debtor's heating: illegal self-help
  • Lawful route: reminder → notice → payment order
  • Tenant: operating charges; owner: extraordinary
  • Towards the building, the owner is liable
  • Cut a service only for the whole building (assembly)

🔓 Exceptions

  • By-laws/lease may set a different split
  • Disconnecting your own flat: allowed (Law 4495/2017, Art. 127)
  • A closed flat: still pays fixed/extraordinary, reduced fuel

⚠️ Penalties & fines

Self-help (cutting a debtor's heating/supply) is punished under Penal Code Art. 331: detention up to 6 months or a fine up to €3,000, plus civil damages and interim measures. Beware myths: "the manager can cut your heating if you don't pay" — wrong (it's a crime); "a closed/empty flat pays nothing" — wrong (it owes fixed heating and extraordinary costs, with a typical ~25–30% fuel reduction only); "only the tenant is liable to the building" — wrong (the owner is). To collect owed common charges lawfully: send a formal notice and file a payment order, which is an enforceable title for attachment — never cut a service yourself.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can the manager cut my heating because I owe money?

No. Cutting heating or supply to a single debtor is illegal self-help and is a crime. The manager has no punitive power; they're merely the assembly's agent. The only lawful route is court enforcement.

Who pays the common charges, owner or tenant?

The tenant usually pays the current, operating common charges (cleaning, common electricity, lift, heating fuel), while the owner pays the extraordinary and capital ones. Towards the building, though, the owner is liable and then recovers the amount from the tenant.

How are owed common charges collected?

Lawfully: a reminder, a formal notice and an application for a payment order. The payment order is an enforceable title leading to enforcement, e.g. attachment. No cutting of any service is allowed as a means of pressure.

Does a closed flat pay common charges?

Yes. A closed or empty flat still owes the fixed heating costs and the extraordinary ones, with a typical reduction of only about 25–30% on fuel. It's a myth that an empty flat pays nothing towards common charges.

Can I disconnect from the central heating?

Yes. Law 4495/2017 (Art. 127) lets an owner disconnect their flat from central heating at their own cost. They're then exempt from the fuel cost but still pay the fixed and extraordinary costs.

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