The approval of the Standard Operating Regulation, as well as the establishment of its minimum mandatory content, for small-scale mixed tourist accommodations is provided for in the new regulatory provision of the Ministry of Tourism, implementing the provisions of Law 4276/2014, as amended by Law 4875/2021.
The decision puts an end to interpretative ambiguities and establishes a unified legal framework for a rapidly growing model of tourism development, combining hotel units with tourist furnished residences.
What Small-Scale Mixed Tourist Accommodations Are
Small-scale mixed tourist accommodations are defined as complexes that include:
- hotel accommodations, and
- tourist furnished residences, with a minimum area of 40 sq.m., independent functionality, and separate external access.
These residences may, under certain conditions, constitute separate divided properties, be transferable in ownership, be encumbered with real rights, or be subject to long-term lease agreements.
Central Role of the Management Entity
A key provision concerns the Management and Operating Entity, which assumes responsibility:
- for the overall operation of the accommodation,
- for the supervision of the separate properties,
- and for ensuring compliance with the Regulation by owners, tenants, and third-party service providers.
The entity may be the owning company or another person appointed through the Co-Ownership and Operation Regulation.
Mandatory Regulation in Every Legal Transaction
Particular importance is given to the Co-Ownership and Operation Regulation, which:
- is mandatorily drafted through a notarial deed,
- is approved by a decision of the Minister of Tourism,
- is attached to every act of establishment, transfer, or alteration of real or contractual rights.
Without attachment and explicit acceptance of the Regulation, no related legal transaction is considered valid.
Binding Nature and Supremacy
The Regulation:
- binds owners, successors, managers, and third-party management companies,
- has the character of a real servitude, according to Law 3741/1929,
- prevails over general provisions concerning horizontal property, unless public order rules apply.
Any violation may be addressed by both the Management Entity and the other co-owners through all legal means.
Objective: Legal Certainty and Sustainable Development
Through the Standard Regulation, the Ministry of Tourism aims to:
- strengthen legal certainty for investors and buyers,
- establish uniform operating rules,
- protect the tourist character of the units,
- and ensure harmonious coexistence between hotel operations and private residences.
This regulation is expected to directly influence the market for tourist properties, particularly in areas with high investment interest.
