🏢 Can I change or use the condominium common parts on my own?

Quick answer

No — the common parts belong to everyone, and you cannot change or occupy them on your own. Under the Condominium Act (Cap. 398), the common parts — foundations, external walls, the roof, the staircase, the entrance, the lifts and services up to where they branch off to a single unit — are property shared among all the owners, presumed equal unless the contract says otherwise. Decisions are taken at a general meeting with a quorum of two-thirds of the units. The myth: that "a simple majority decides everything". No — changes that alter the aesthetics or are serious alterations to the common parts need unanimous consent; other alterations and amending the rules need two-thirds of the units present; and routine matters, like cleaning, pass by a simple majority. Costs are shared by the value of each unit unless otherwise agreed.

📋 The rules

The common parts (foundations, external walls, roof, staircase, entrance, lifts, services) are presumed shared equally unless the contract says otherwise.
Aesthetic changes or serious alterations to the common parts need the unanimous consent of all owners.
Other alterations and amending the rules need two-thirds of the units present; routine matters pass by a simple majority.
With more than three owners, appointing an administrator becomes mandatory; they serve two years and register the condominium with the Land Registry.
Maintenance costs are shared by the value of each unit unless otherwise agreed.

🔓 Exceptions

The deed of sale can exclude certain parts from the common ones — often the roof or airspace are kept private — and what the deed says prevails over the law's presumption.
Where a part serves only certain units (a staircase or roof used by a few), the cost falls on those who benefit, not on everyone.
An owner can be exempted from certain purely decorative or excessively costly improvement expenses, but this exemption is difficult and often ends in a dispute.

⚠️ Penalties & fines

The weight is felt most when someone skips the process. An alteration to the common parts without the required consent — unanimous for aesthetic or serious changes — can lead to an order to restore the work at your own cost, and possibly damages to the other owners. An owner who does not pay their share of the common expenses can be sued by the administrator, who is the condominium's legal representative, and the debt can be collected through the court. Failing to appoint an administrator when it is mandatory (more than three owners) leaves the block without representation and complicates both collecting funds and registration with the Land Registry. Even a valid decision can be challenged if there was no quorum or the meeting procedure was not followed. Keeping the minutes and accounts is not bureaucracy — it is the proof that protects everyone when a dispute arises.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Who decides on the common parts?

Decisions are taken at the general meeting of the owners, with a quorum of at least two-thirds of the units. Depending on how serious the decision is, it may need a simple majority, two-thirds of the units present, or the unanimous consent of everyone.

Can I change the facade or the look of the block?

No, not on your own: changes that alter the aesthetics or involve serious alterations to the common parts need the unanimous consent of all owners. Even a change that seems small, like an air-conditioning unit or an antenna on the facade, can need this consent.

How are the maintenance costs shared?

As a rule the costs are shared by the value of each unit, unless otherwise agreed, and in practice they are often split equally. Where a part serves only certain units, such as a staircase or roof used by a few, the cost falls on those who benefit.

When must an administrator be appointed?

If there are up to three owners, they can administer it themselves or appoint an administrator, but with more than three owners the appointment becomes mandatory. The administrator is appointed at a meeting and normally serves for two years, and the condominium must be registered with the Land Registry.

What if an owner does not pay their share?

The administrator is the condominium's legal representative and can take legal action to collect the unpaid contributions. This means a debt on common expenses can lead to court proceedings against the owner who does not pay.

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