II – Destruction of the main structure:
Article 47 – If the entire main structure is destroyed, the condominium on the main real estate automatically ends.
If one of the independent sections of the main building is completely destroyed and the owner of that section does not have the section rebuilt within two years, the other floor owners or some of them may request from the judge that the land share of that section be transferred to them in return for its value and in proportion to their land share within one year, starting from the completion of this period. In this case, the transferred land shares are indicated in the (Declarations) section of the relevant pages of the condominium registry; Those who take over the land share are obliged to have the devastated independent section rebuilt within two years starting from the date they take over, or to recalculate all the land shares attached to the independent sections within the same period in accordance with the principles in the second paragraph of the 3rd article of this law and have them recorded in the floor ownership register.
If the provisions of the above paragraph are not complied with, the condominium on the main real estate will automatically expire, and the common ownership provisions will be applied to the insurance cost for both that real estate and the devastated sections.
If more than one independent section is completely destroyed and the rebuilding of one of them is dependent on the construction of the other, the floor owners whose independent sections have been destroyed are obliged to notify the other floor owners in writing within six months, starting from the date of destruction, whether they will have them rebuilt. (CHANGE SENTENCE RGT: 28.11.2007 RG NO: 26714 LAW NO: 5711/20) (CODE 1) It is considered that those who do not notify do not want to have it rebuilt, and their land shares are first transferred to those who want to have their sections rebuilt in return for their value.
The condominium on the devastated independent sections is automatically converted into a condominium servitude during the periods specified in this article, and a temporary annotation is given to the declarations section in the condominium registry. When the independent section is built, the condominium on it is reborn and the temporary annotation is deleted from the log.
