All off-plan regulation – Who builds and who doesn’t under the new law

How to build “blind” plots of land and what will be applied to the easement – Which plots of land need 25 meters and which 3.5 meters frontage on a public road – To build those with a preliminary consent or construction permit under existing conditions.

Directing off-plan construction in areas with intensive residential development, protecting virgin areas of the village that are not surrounded by cement, and keeping the construction of blind areas conditional, among other things, provides the final regulation of the government. For the building plan presented today by TEMA and released for public discussion by the Ministry of Foreign Affairs in the near future.

The only condition for the construction of blind areas (without a road) is to have a legal easement established before 1985 (cutting the road with access from the neighbouring area) and to be carried out on a plot of land that serves at least one building. legal building permit. This means that if an easement serves two lots that do not front on a road and one is built, the second can be built in the same way.

This is a legislative provision that is expected to alleviate the problem of blind sites as it applies to many plots of land, allaying the concerns of the technical world who believe that the new institutional framework will stonewall 80% of permitted construction.

Living with one person

The general rule for someone to build on unplanned land has been redefined under the bill, so that the land to be built on must have at least 25 meters (3.5 street width) of frontage on a public street. meters) of the 3.5 measures provided for in the plan presented to the Council of Ministers two months ago. Exceptions to the rule are residential properties where the face can be reduced to 3.5 meters, provided: it is a pre-1985 plot and on a road visible in 1977 aerial photographs, opened by a public authority and within 50 meters of the road network and at least one residential building within 250 meters of the site.

This building must either have been built before 28 July 2011 (the date that constitutes the red line for voluntary construction) and be visible on 2011 aerial photographs, or it must have been built after the aforementioned date and have a valid building permit.

For residential lots created between May 31, 1985 and December 31, 2003 (exceeding the required 25-meter street frontage), the bylaws require two identical buildings to be built. use in a zone of 50 meters from the street and at least 2 km from the site.

The requirements of the law are not required for properties that were formed before 1985 and were previously approved for building permits, permits or permit revisions. Also, those transferred in the last five years can be equal and built as long as they are indicated in the notarial procedure.

In particular, the regulations of the Ministry of Interior for construction permits also provide for the revision of the permit after the adoption of a new law and regardless of the time of formation of the site, provided that there is no change in the volume. but also under construction conditions.

Regulatory philosophy

After more than a year of review of the regulation and a crash test of a heavily criticised draft plan, Minister Theodore Skylarks and Deputy Minister Nikon Tagaras appear ready to put the new rules on the transition status of the outlet up for public debate. unplanned construction until urban planning is completed.

After working on the regulation for more than a year and crash-testing the heavily criticized project, Minister Theodoros Skylakakis and Deputy Minister Nikos Tagaras appear ready to put the new rules for the transitional status of off-plan construction up for public debate before they come to town. planning is completed

The new regulation represents an attempt by the Foreign Office to iron out differences of opinion and moderate the reactions that the proposed provisions have developed recently, which have created two opposing and diametrically opposed camps. On the one hand, environmental watchdogs (Non-Governmental Organizations, scientists, judges) and those who resist the destruction of the village, considering that the provisions outside the plan (as presented in the previous period) will fix every bit. free land. On the other hand, representatives of the technical world who oppose the regulation speak of a disastrous institutional framework that will allow the use of only 20% of the off-plan building. Which of the two camps will prevail and where does the Foreign Office set the bar for the new multi-bill?

“With the new arrangement, a large part of the off-plan area will not be built on, at least until the town planning is complete,” said an authorized government source. The goal, he says, is to “encourage building where there’s a house,” and to leave the unbuildable land as clean as possible so that urban development can come right after and safely intervene.

Let’s take a look at urban planning

The state, departing from the plan presented to the Cabinet of Ministers last December, opens the topic of property taboos for the issuance of building permits, which have been applied by alalum, which has dominated urban planning in recent years. After successive decisions of the Council of State disputing the way permits were issued, the Supreme Court of Cassation clarified the limits of the legislation for off-plan construction: the completeness (4 hectares) and the pavement on the road and road in public use. public carrier.

A typical case was a property on the island of Patmos, where the Council of State revoked the building permit of the landowner exactly one year ago without compensating him because the legislation was outdated and he should have known it. before attempting to plot.

Until then, many Urban Planning Authorities had issued permits for road plots by private individuals or municipalities, and these permits were handed over to the Council of Ministers one after the other, creating a dead end for construction.

In the face of pressure from property owners for housing and economic development, the ministry and government decided to redefine the building framework, solving the Gordian garden of suburban building with transitional arrangements. Its duration will be a function of the completion of the Local and Specific City Plans (city planning), with the final set of works to be announced in March, with an ambitious target of completion in 2026.

But how is it that off-plan construction has come to compete with on-plan construction, and in some cases even on more favorable terms?

Unlike the rest of Europe, where most non-urban areas follow land-use plans limited to non-existent off-plan buildings, in Greece we have followed a different path to regulation that has completed a century of life.

This resulted in a very widespread use of off-plan building, which was supported by the respective political parties who encouraged it and maintained it through institutional interventions over time. The main reason was the lack of planning in almost all non-urban land, as a result of which the rule originally set for construction only on four acres was over time subjected to excessive interference in the form of deviations, where four acres. It was reduced to 750 and 1200 sq.m., the government took it back in 2020.

The Ministry of Ecology and Energy calculates, based on the data of the Greek Cadastre, that there are approximately 3.3 million plots of land over 4 hectares in the entire territory of Greece. This is certainly an indicative figure and is not complete, as the country’s land registration is still in full swing and there is no data for many areas of the country that are in the pre-mapping and deployment stage.

Potentially, as they told the Home Office, several of them could be built if they are found to meet the conditions laid down by the legislature for their construction. So far, the picture has been cloudy as there have been mixed interpretations by the Town Planning Departments about public roads, leading to the cancellation of construction in many areas. Now, as the ministry claims, the landscape is becoming clearer, with restrictions and regulations on which plots of land can be built in off-plan areas.

Its width is 3.5 meters

The bill preserves the classification of 4-hectare plots of land for pre-1985 periods and plots formed between May 1985 and December 2003. It also maintains the 3.5 meter rule for road width adjacent to the site. Exceptions are plots of land created between 1985 and 2003 and with a pre-approved building permit or building permit, as well as plots of land transferred in the last five years before the promulgation of the law.

The new regulation stipulates that the determination of the equivalent for off-plan construction based on the Presidential Decree and the proposal of the relevant ministries (Environment and Finance) will be calculated before the Construction Control Certificate is issued. The fee, which Environment Minister Theodoros Skylakakis announced would make unplanned construction more expensive, will be deposited into a special Savings and Loan Fund account for the benefit of the Green Fund to finance infrastructure and climate change measures. adaptation projects within the administrative boundaries of the municipalities where the plots of land are located.

“Slavery must be kept for five years”

Giorgos Stasinos, president of the Technical Chamber of Greece, believes that at least certain conditions must be in place for unplanned areas to continue smoothly and for 80% of plots to not be allowed to be built on. cancelled. “There can be no legal certainty in the country and sudden death due to unplanned plots of land built until yesterday.”

As he pointed out, it is useful to create some transition provisions that prepare the citizen for the changes. “The environment will not be destroyed if there is a transition phase for those who have the right to issue construction permits until the new urban development, which will be supervised by the State Council, is completed.”

Mr. Stassinos argues that the image of a country that invites investors to invest in Greece, then says that they buy after 2019 and that the notary document is equal and can be built, cannot be built today, is incorrect. “The five-year period should cover all plots.”

The third parameter that Mr. Stasinos puts forward is the issue of slavery. “Those plots of land with access to the road network through an easement used to grant legal permission to another plot of land must be built on for at least five years.”

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