“Legislative changes in the field of issuing building permits,” published in the legal journal “Environment and Law” (“Periballon kai Dikaio”) by Nomiki Vivliothiki.

Konstantinos Karatsolis

May 8, 2021

Introduction

The recent Law 4759/2020 “Modernisation of Spatial Planning and Urban Planning Legislation and other provisions” (Official Gazette A’ 245) introduced changes to building law, and in particular to the provisions of Chapter One of Part B of Law 4495/2017 “Procedure for the issuance and inspection of building permits – Categories of permits,” as well as to the New Building Regulation (Law 4067/2012).

Over the past decade, continuous changes have been observed in the provisions governing the issuance of building permits, as well as in those of the building regulation. During the same period, significant changes occurred in the legal framework on matters such as, for example, the electronic procedure for issuing building permits or the institution of construction inspectors, alongside many smaller interventions aimed at reducing bureaucracy, strengthening ex post controls, and reducing the time required to issue permits.

In order to understand the changes to the institutional framework governing the issuance of permits, a brief historical overview of the Greek State, together with a record of the most significant pieces of legislation, is useful, so as to grasp the legislative needs, the general philosophy of the legislative framework on the issuance of permits, and the new needs arising from the evolution of the law and modern institutional tools (the land registry, forest maps, electronic databases, digitisation of plans and diagrams, etc.).

Historical record of the institutional framework for issuing building permits

The nature of the building permit as the product of the Administration’s unilateral will has historically been evident in the Greek legal order. The period under consideration may be divided into two phases: (a) from 1828 to 1923, and (b) from 1923 to the present. The first period is decisive for the subsequent development of urban planning law, since the “building permit” acquires legal significance from 1923 onwards, while provisions on the standardisation of the procedure were also foreshadowed earlier (e.g. the decree determining the required documentation in 1932). The first period (1828–1923) may be divided into four sub-periods and is of particular interest not only from the point of view of collecting legislative material, but also because, in gathering historical evidence, the evolving socio-political context of the era is simultaneously outlined. The first Governor of the newly established Greek State, the Hellenic Polity, was Ioannis Kapodistrias, and among his first concerns was the urban reconstruction of the country, already with the first resolution (10th, 13.04.1828) of his administration. Subsequently, by Resolution No. 13,559 entitled “Organisation of the Corps of Fortification and Architectural Officers,” Kapodistrias established the first technical service, organised on purely military lines. In this resolution, the first reference was made to the words “building” and “civil buildings,” and the assignment of architectural works to a special corps of fortification officers was provided for. For this reason, the second paragraph stipulated that “no building, nor repair of military or civil buildings, shall be carried out except by the corps… or under its direction,” although this was not implemented due to a lack of suitable engineers. These provisions laid the institutional foundations and enabled the more systematic development of urban planning legislation. In addition, further rules were enacted regulating the establishment of a technical staff (13,560/24.8.1829) and the funding of new towns for reconstruction, in order to establish the regulatory framework for urban planning conduct.

Subsequently, following the establishment of the monarchy in Greece and the appointment of the then-minor Otto as king, Royal Decree of 03.04.1833 “On the Formation and Competence of the Ministry of the Interior” was enacted. This Ministry became responsible for every architectural or urban planning project, constituting the first specialised service with competence for drawing up town plans, controlling the maintenance and orderliness of buildings, and the upkeep of public buildings, among other things. During the same period, on 27.12.1833, the Law “on the establishment of Municipalities” was enacted (Official Gazette 3/10.01.1834), consisting of 8 parts and 124 articles, regulating the organisation of local government. Its provisions assigned to the Municipality, for the first time, responsibility for implementing the town plan, and the Municipality became the competent body/authority for the construction or repair of buildings. The Municipal Council assumed an advisory role to the Municipal Authority during deliberations for decision-making (Article 50(7)). In certain cases, decisions of the Municipal Council required the express approval of the competent Prefect, as, for example, in the case of drawing up general plans for private buildings and their alignment plans (Article 119(1)) and in that of the construction or repair of public buildings (Article 50(1)(c)). With regard to the erection of public buildings in particular, building plans were required to be drawn up by experts, as were the corresponding expenditure budgets (Article 112(d)). A characteristic example of the approval of building permits by the Municipality, as the competent authority, is document No. …/19.2.1847, concerning a building permit (for the erection of a two-storey building) granted to a private individual in Athens, approved by the Mayor of Athens, and in this instance signed on his behalf by the Deputy Mayor.

Also fundamental to urban planning legislation is Royal Decree of 3.4.1835 (Official Gazette 19/15.5.1835) “On the Sanitary Construction of Cities and Towns,” which made it mandatory for building plans to be drawn up by a specialised engineer (Article 13) and to be approved by the competent services (municipalities of the first and second class – up to 2,000 inhabitants). The various levels of the state apparatus (Prefects, Sub-Prefects, Mayors) assumed responsibility for monitoring the implementation of the town plan and compliance with the provisions of the decree (Article 27) “…each according to his own administrative authority.” The particular historical significance of this decree, from the point of view of legislative practice, lies not only in the fact that it governed the layout and development of the country’s cities for almost 90 years, but also in that it established basic building rules resembling a very early and embryonic General Building Regulation. Despite the Administration’s expressly stated interest in the urban modernisation of the country and the provision of a procedure for issuing building permits, the entire reign of Otto was characterised by continuous legislative changes. This phenomenon largely determined the subsequent legislative development, since, as will be examined in detail below, it continues to exist to this day. In the period that followed (1863–1911), no noteworthy changes were observed in the general legislative framework concerning the manner of issuing building permits or the body responsible for their approval.

A decisive development – from the point of view of the legislative framework – was the publication of Legislative Decree NT’/10.2.1912 “on the establishment of Municipalities and Communities” (A’ 58), which, by its Article 208, repealed the then-applicable Law of 27.12.1833 “on the establishment of Municipalities,” also changing the body responsible for approving permits. This competence passed from the Municipalities to the Town Plan Offices of each prefecture, which were subsequently placed under the newly established Ministry of Communications (established by Law 276/1914). Shortly thereafter, the concept of a permit for the installation of scaffolding for construction work was introduced for the first time by Royal Decree of 10.10.1919 (A’ 228 A) “on the health and safety of workers on buildings and similar works.” This decree provided rules for the installation of scaffolding in construction works, as well as the power of the competent permit-issuing office to require the submission of a study and plans showing the layout, dimensions, and calculations of the scaffolding required for the project to be carried out.

A milestone in the history of urban planning was the Legislative Decree “On plans of cities, towns, and settlements of the State” of 1923. According to Article 52, the competent authority for granting permits was designated as the Technical Service of the Ministry of Communications, while any permit granted by any other public, municipal, or community authority was deemed unlawful and produced no legal effect for its holder. To obtain the required permit, the applicant submitted an application together with a study for the project to be carried out. The permit was granted provided it was verified that the provisions of the decree were complied with, and that the execution of the project was carried out in accordance with the approved study (Article 53). As regards the supervision of works carried out, the role of the “Supervisor” of the person “executing” the project was institutionalised; this person was required, before the commencement of works, to declare in writing to the service that he accepted the assumption of supervision. No work could be carried out in the absence of the Supervisor, and any absence of the Supervisor entailed the suspension of works, in addition to any other sanctions that might be imposed if further irregularities were found. The role of the person executing the project was assigned to “the person who applied for and obtained the relevant permit in his name.”

In 1928, Presidential Decree of 23.10/3.11.1928 “On plans of buildings erected in cities, etc.” was issued, which, implementing Article 53 of the 1923 Legislative Decree, determined the documents and plans required in each case for the granting of a building permit, as well as their content and required specifications. However, it allowed the competent service to request, at its discretion, additional information beyond that specified, “for the full examination of the plan.” It also provided that, in cases of substantial changes to the originally submitted plans, the submission of amended plans to the competent service was required – a procedure later known as “revision.” This Presidential Decree also required the disclosure of the details of the engineers preparing plans and studies for the issuance of a permit to the town plan implementation offices of the relevant region. The “Service responsible for the implementation of the plan” was designated as responsible for monitoring the execution of works under the building permit and for the implementation of the approved plans; it had the power to confiscate the permit, suspend works, and take the necessary measures in the event that any irregularities were found. A similar approach was maintained in the subsequent reforms during the 20th century (Decision of the General Accounting Office E.37608/76, Presidential Decree 3/08.09.1983, Presidential Decree 8/13.7.1993).

A turning point in the regulations on building permits was Law 4030/2011. Taking into account contemporary socio-political developments and the increasing interest in the use and protection of the residential, natural, and cultural environment, this law became a sine qua non for shaping modern urban planning law, aiming to strike a balance between the general principles of environmental law and urban development. At the same time, as noted in the Explanatory Memorandum to Law 4030/2011, the demand of the technical community and of Greek society for legality, transparency, and oversight of construction, with a view to preventing environmental harm at a time when phenomena of corruption in urban planning services were frequently reflected in social research on the public sector and in findings of the public administration auditors, made it imperative to modernise the procedures for documenting, issuing, managing, and archiving Building Permits, within the framework of e-Government and the “Kallikratis” reform, as well as to achieve a complete and transparent allocation of responsibilities among all parties involved: the licensing authorities, engineers, contractors, and owners/investors.

Legislative developments of the last decade

Under the provisions of Law 4030/2011, the competence to issue building permits (approval function) was assigned to the Building Services of the Municipalities, while the inspection of the proper execution of permits (inspection function) was assigned to Construction Inspectors. Construction Inspectors are engineers whose duties are incompatible with those of a civil servant, an employee of a legal person governed by public law, or an employee in the broader public sector; they operate independently and are not subject to hierarchical control or supervision by the Building Services (Y.DOM.). The State’s continuous supervision of the work of the Building Services and Construction Inspectors is exercised by the Special Service of Building and Energy Inspectors, as well as by the Urban Planning Issues and Disputes Councils in each regional unit. This law also introduced the possibility of electronic submission of all required supporting documents and studies, and at the same time established the operation of an interactive web portal for information on urban planning legislation. The submission of supporting documents and studies was to be followed, within five days, by construction approval, a necessary precondition for the issuance of the building permit. For construction approval, the elements constituting the indicator of the environmental burden of the construction on the natural or residential environment, and its main morphological elements, were checked. In the topographic diagram and the building diagram, only those elements were checked whose violation could give rise to harm to the urban fabric and the environment (building terms, provisions of the General Building Regulation and the Building Code, building volume, plot planting, parking spaces). Under this law, the building permit was to be granted within two days of submission of the necessary studies and assumption of responsibility by the Design Engineers. Law 4030/2011 also provided for the issuance of ministerial decisions determining the procedure, format, and operating protocols of the software for electronic submission and for the maintenance of records of the supporting documents and studies required for construction approval and for the issuance of building permits.

The law further provided for a publicly accessible Register of Design and Supervising Engineers, recording their professional qualifications and rights, in order to protect citizens from instances of unauthorised practice of the profession and to strengthen the legality of building permits. A procedure was also established for checking the proper execution of building works approved through permits, within the framework of the State’s repressive action for the protection of the environment. The inspection was to be carried out, on each occasion, by a different body – the construction inspector – appointed through an objective and impartial procedure, in order to ensure transparency and avoid collusion between those inspected and the inspectors. The establishment of Architecture Councils at the seat of each regional unit, as well as of a Central Council, aimed to encourage and develop contemporary architectural expression and bioclimatic architecture. The Architectural Review Committees, a body which in previous years lacked a clear orientation and created conditions of bureaucracy and centralisation, were replaced. The establishment of Urban Planning Issues and Disputes Councils at the seat of each regional unit, independent of the Building Services, replaced the previous bodies for disputes and resolutions.

Six years later, Law 4495/2017 “Inspection and protection of the Built Environment and other provisions” (A’ 167) followed. The provisions of this law likewise focused on minimising the time required for issuing building permits, simplifying procedures to relieve and improve the effectiveness of the building services, addressing corruption, providing faster service to citizens, and attracting investors. The procedure for submission, inspection, and granting of building permits and approvals for building works is now carried out exclusively electronically, and the ex officio retrieval by Building Services (Y.DOM.) of information relating to the granting of building permits through an electronic interconnection platform of public services and bodies was also introduced. In addition, the procedure of pre-approval of building permits was established, in principle on an optional basis, and, exceptionally, on a mandatory basis only in the cases specified by the law.

Finally, for the first time, the establishment and operation of regional collective bodies (PE.SY.PO.THA, PESA, and the Regional Accessibility Committee) was provided for, with entirely distinct competences, in order to relieve the workload of existing bodies and to provide a means of examining appeals. This was intended, on the one hand, to achieve the effective provision of services to citizens, and, on the other, to eliminate the phenomenon of excessive accumulation of a large volume of cases, which inevitably entails a substantial inability to manage them within a reasonable time.

The changes introduced by Law 4759/2020

Taking into account the historical record set out above, it is worth noting that the ambitious objectives recorded in the Explanatory Memorandum to Law 4495/2017, and in part also in that of Law 4030/2011, with regard to the duration of the licensing process, have not been achieved. Ten years after Law 4030/2011, we are still, through successive changes, seeking the significant breakthrough that will reduce the time required for the inspection and issuance of building permits.

In my view, the major breakthroughs of the electronic issuance of permits and of construction inspectors, in the field of construction monitoring, must be further strengthened. It appears, however, that the other measures (pre-approval, the procedure for checking building terms by the Y.DOM., and the issuance of an act on the basis of information submitted by an Engineer without a specific inspection) do not appear to have reduced the time required to complete the administrative procedure and have, in many cases, also created issues of legal certainty as to the final act to be issued. On the contrary, we must understand that, to the extent that the issuance of a permit requires a multitude of parallel approvals from other services with different subject-matter competence (the forestry service, services of the Ministry of Culture, management bodies, etc.), legislative interventions should perhaps focus on shortening and simplifying these parallel administrative procedures, rather than on continuously changing the procedures of the Building Services, periodically transforming the administrative inspection procedures. This is particularly relevant in view of the now generalised electronic procedure for issuing permits through a common database.

The most significant changes introduced by Law 4759/2020 to the system of issuing building permits may be summarised as follows:

First, by Article 50 of the new law, the definitions of the basic categories of building permits, as set out in Article 28 of Law 4495/2020, are amended2 and now read as follows:

“Building Permit”: The administrative act permitting the execution, on a plot or parcel of land, of the building works provided for in the studies accompanying it, provided that such works comply with applicable provisions. The concept of building works for the erection of a new building or an addition to an existing building also includes works that render the building fit for use, such as works for the construction of perimeter walls or fences, cesspits, underground water tanks, excavations, backfilling, and tree felling. The concept of a building permit also includes permits that do not create new construction, in particular a demolition permit, a permit for change of use, a permit for alterations, repair, conversion, or reinforcement works, and a permit for stand-alone works of perimeter walling, backfilling, or excavation, as well as tree felling. A building permit also includes a construction approval.
“Approval of Small-Scale Building Works”: The administrative act permitting the execution of works defined in paragraph 2 of Article 29.
“Pre-approval of a building permit/revision permit”: The administrative act issued to certify the right to obtain a building permit/revision permit, and the application, during its period of validity, of the urban planning provisions and urban planning parameters (building ratio, coverage, height) in force at the time the pre-approval is issued, provided that the building permit/revision permit is issued within the period of validity of the pre-approval, and subject to the obtaining and submission of the required approvals provided for in paragraph 1(b) of Article 40, during the procedure for issuing the building permit/revision permit. The period of validity of the pre-approval of a revision permit may not exceed the period of validity of the revision permit. Exceptionally, where the matter concerns the amendment of building or street alignment lines, or the conversion of buildable areas into common-use areas, or in cases of subsequent inclusion of the area under a regime of protection of cultural heritage or nature protection, the pre-approval certifies the right to build only at the time of its issuance.
“Notification of execution of additional works”: The declaration, made during the period of validity of the building permit/revision permit by the project owner, accompanied by a technical report from the authorised supervising engineer, by which he informs the competent Building Service that he intends to carry out additional works permitted under urban planning provisions, but executed under his own responsibility in excess of the building permit/revision permit. For these additional works, the owner undertakes, under his own responsibility, the obligation to submit an application for a pre-approval of a revision permit or a revision permit within four (4) months, except in the case of archaeological sites and monuments protected by the Ministry of Culture and Sports, for which approval under Law 3028/2002 (A’ 153) must precede the works.
“Approval for the execution of works”: The administrative act permitting the execution of the works referred to in paragraph 4 of Article 29, following submission of a technical report and a declaration of assumption of supervision by the competent engineer.
“Approval of works for the completion of an unauthorised structure”: The administrative act permitting the execution of the works referred to in paragraph 5 of Article 107.
“Revision Permit”: The administrative act issued during the period of validity of the building permit, for any building work, such as an addition to or amendment of its studies, or for an extension of its validity in accordance with Article 42 hereof.
“Updating of the building permit file”: The administrative act by which amendments to the studies that do not change the building diagram are recorded in the studies file, irrespective of the period of validity of the building permit, provided that approvals from other bodies or collective organs are not required, as well as a change of owner, in accordance with Article 42 hereof.
“Common-use areas”: Common-use areas under this law are roads of every kind, squares, groves, and, in general, open spaces intended for common use that are designated by the approved street plan of the settlement, or have been put to common use by any other lawful means. They further include areas designated for common use in cases of horizontal or vertical co-ownership.
“Legalisation permit” means the building permit or the approval of small-scale building works issued, after the execution of works, constructions, or changes of use without the issuance of the required administrative act – except for monuments protected by the Ministry of Culture and Sports, for which approval under Law 3028/2002 must precede the works – in order to legalise such works, provided that they comply either with the provisions in force at the time the legalisation permit is issued, or with those in force at the time of their execution.” These changes are clarificatory in nature and, in particular, (a) link the pre-approval procedure also to administrative acts for the revision of building permits, and (b) clarify the requirement, in every case, for prior approval to be obtained from the Ministry of Culture in cases involving archaeological sites and monuments protected by the Ministry of Culture and Sports.

By Article 54 of Law 4759/2020, which amended Article 35 of Law 4495/2017, pre-approval of a building permit was also made mandatory for all categories of permits under Article 36 of Law 4495/20173, except for Category 3, where a certificate of building terms has already been issued. The pre-approval is issued within 10 days and specifies the studies, approvals, and other supporting documents that must subsequently be submitted at the stage of issuing the building permit. It is also provided that the pre-approval procedure for a revision permit is mandatory where it concerns a change in the urban planning parameters of coverage, building ratio, and volume.
In addition, Article 55(2) of Law 4759/2020 provides that “For the adaptation of the operation of the ‘e-Permits’ information system and of the system for declarations of unauthorised structures under Law 4495/2017 to the provisions hereof, declaratory acts of the President of the Technical Chamber of Greece shall be issued within four (4) months and two (2) months, respectively, from the entry into force hereof.” The application of this article, in conjunction with the other provisions of the new law, will lead to the automatic issuance of all building permits, following the issuance of the relevant declaratory act for the adaptation of the operation of the e-permits information system. It thus appears that the effort towards the full digitisation of building permits, which had begun in previous years, is being completed.
Furthermore, following the changes made to Article 38 of Law 4495/2017 by Article 56 of Law 4759/2020, building permits, depending on the category to which they belong, are now issued as follows:

Permits falling under the issuance procedures of Categories 1, 2, and 3, with pre-approval, are issued automatically, following the electronic submission of the file with the required supporting documents and the necessary studies provided for in Article 40. The building permit number issued electronically is posted online without delay, and the commencement of building works is permitted. The above checks are carried out within three (3) working days from the date of submission of the file.4
Permits falling under the issuance procedure of Category 3, without pre-approval, are issued automatically, following the electronic submission of the file with the required supporting documents and the necessary studies provided for in Article 40, the inspection of the project’s budget, and the inspection of proof of payment of the required contributions and deductions for the project in favour of the State, the relevant municipality, and the e-EFKA (Unified Social Security Fund). Among the electronically submitted documents, a written certificate from the competent Building Service (Y.DOM.) must be included, stating the building terms applicable to the location of the property and any approvals required from other bodies and services. This written certificate is issued within a period of ten (10) days from the submission of the relevant application.

The above written certificate must be accompanied by a sworn statement, under Article 8 of Law 1599/1986 (A’ 75), by the design engineer, that the building terms and conditions in the area of the property for which it was issued have not changed. The building permit number issued electronically is posted online without delay, and the commencement of building works is permitted.

The competent Building Service (Y.DOM.) must carry out a mandatory random check of the legality of the studies and information submitted, covering at least thirty per cent (30%) of the building permits granted under the above procedure. The mandatory random check is carried out every six months, in respect of the permits issued during the preceding six-month period. A mandatory check is carried out in the event of a complaint regarding the legality of an issued permit, regardless of its category, as well as in the event of a complaint regarding the legality of an issued approval of small-scale building works.

Conclusions

The above provisions of Law 4759/2020 redefine basic definitions of the legislation on building permits and introduce necessary improvements. They further achieve a unified treatment of all building permit issuance procedures, since pre-approval becomes mandatory (except in the case of Category 35, where building terms are issued), following which the building permit is issued automatically.

This particular change – namely, the mandatory nature of pre-approval – would be worth examining further and extending also to Category 3. This is because the certificate of building terms provided for under the current provisions for this category of building permit is, indeed, an element of inspection by the competent authority, but it does not constitute an element of inspection consistent with the requirements historically established in line with Article 24 of the Constitution. This is particularly the case with regard to the subject matter of the inspection, as set out in Article 327 of the Building Code (Presidential Decree of 14.7.1999, D’ 580), and specifically in paragraph 2 thereof, which provides that: “Every building or installation must: (a) as regards the relationship and composition of its volumes, its façades and, in general, its visible parts, satisfy the requirements of aesthetics, both as a stand-alone building or installation and in relation to the building block; (b) be integrated into the natural and residential environment, so that, within the objectives of residential development and environmental protection, the best possible living conditions are ensured. Compliance with the above requirements is monitored by the urban planning service on the basis of the study accompanying the building permit, accompanied by a reasoned report of the design engineer …”

With this change, I consider that any concerns regarding the unconstitutionality of the relevant provisions, which had been raised in the past and put forward through applications for annulment before the Council of State6 and concerned cases of issuance of an administrative act without inspection by the competent authority, would be entirely eliminated. It should be noted that, through the pre-approval procedure, the inspection that takes place is the minimum possible inspection that could satisfy the requirements set out in Article 24 of the Constitution and Article 327 of the Building Code. It is noted that Article 35 of Law 4495/2017 (Pre-approval of a building permit) provides, among other things, that: “For the issuance of the pre-approval of a building permit, the following supporting documents and studies shall be submitted electronically through the Single Digital Portal of Public Administration (gov.gr): […] (b) a topographic diagram referenced to the national coordinate system, in accordance with applicable specifications; (c) a building coverage diagram, in accordance with applicable specifications; (d) title of ownership and a recent certificate of ownership or land registry sheet or extract of the land registry diagram for each property; (e) evidence of the legality of existing structures; (f) a technical report accurately describing the project, its dimensions, and uses…” (paragraph 5).

Beyond the issue of the mandatory nature of pre-approval, the following points should also be noted:

Both under the previous law and under the provisions of Law 4759/2020, the pre-approval stage does not require that other approvals from other services have already been issued, the most important of which are those of the services of the Ministry of Culture. In particular, in the case of out-of-plan areas near archaeological sites and monuments, these approvals may impose terms and conditions that lead to changes in the building coverage diagram and effectively annul the prior procedure. In such cases, it will be necessary to resubmit information and repeat the procedure from the beginning. Moreover, taking into account the above concern, as well as the history of legislation on the issuance of building permits, given that the necessity and mandatory nature of inspection by the competent authority through the pre-approval procedure has been highlighted, should we perhaps reconsider the positive provision of Law 4030/2011 regarding construction approval and the building permit? In the one case, the administrative act of pre-approval is, by law (see definition above), subject to the reservation of obtaining and submitting the required approvals provided for. In the case of construction approval under the framework of Law 4030/2011, the administrative act resulted in the certification of the right to build in accordance with the applicable building terms, subsequently allowing the issuance of the building permit without any reservation. The legislator of the future may wish to consider this dilemma…

Also positively assessed is the provision for a written certificate of building terms for Category 3, as well as the determination of the necessary approvals (evidently from other services) for building permits in all categories of permits (see subparagraph (d) of paragraph 6 of Article 35 of Law 4495/2017, as amended by Law 4759/2020). This provision offers legal certainty for the continuation of the permit issuance procedure, since the written certificate of the competent Building Service (Y.DOM.) records the building terms applicable to the location of the property and the approvals required, as the case may be, from bodies and services.
Finally, mention should be made of the positive provision for the electronic submission of all information and studies, as well as of the certificate of building terms by the competent Building Service (Y.DOM.). The electronic procedure has already produced excellent examples of standardisation of the acts of Building Services, transparency, and accountability.
In any case, both for these specific provisions and changes, and for any changes that may occur in the future, the legal framework for issuing building permits must be examined in light of the following: the legislator, in the procedure for issuing building permits, has historically imposed the conduct of a preventive inspection of the legality of construction. Any circumvention of the building terms and restrictions entails risks and damage to the environment, the protection of which constitutes a primary concern of the State and is reflected in numerous pieces of legislation. Beyond this, however, the building permit constitutes, in essence, a permit to intervene in the environment – a cultural record preserved over time, reflecting the conditions and perception of society and the era in which it is issued. Through this record, the State’s choice, on each occasion, regarding the manner of construction and the production of works, buildings, and, consequently, the space in which we fulfil our wishes, is also reflected. Changes in these legislative fields should, on the one hand, always be made sparingly and only after extensive analysis, documentation, and discussion, and, on the other hand, should be read with a strict eye by the Greek judge and lawyer. This is because, through these legislative changes, often without our realising it, we are at that very moment changing and shaping the image of our cities.
All these matters were placed under the supervision of the Army Corps of Engineers.
The relevant changes are indicated in bold in the text.
Article 36 of Law 4495/2017 regulates the manner of issuing building permits, depending on the area, location, use, size, and environmental footprint of the building to be erected, distinguishing the relevant procedures into three (3) categories.
Paragraph 2 of Article 56 of Law 4759/2020, “Acceleration of the building permit issuance procedure – Amendment of paragraph 2 and addition of paragraph 6 to Article 38 of Law 4495/2017”
Category 3 of Article 36 of Law 4495/2017, as amended by Article 55 of the new law (Law 4759/2020), includes the following works: (a) the erection of a building within an approved town plan area, with a floor area of up to one thousand (1,000) m² for special-purpose buildings and up to two thousand (2,000) m² for buildings primarily used for residential purposes; (b) the erection of a residential building in an out-of-plan area, where there is cadastral registration and an approved General Urban Plan (GUP) or Open City Spatial and Residential Organisation Plan (SCOOAP), on a plot meeting the standard requirements; (c) the erection of a building on a plot within a settlement delimited by the Presidential Decree of 24.4.1985 (D’ 181), for a building primarily used for residential purposes; (d) an addition of construction to a lawfully existing residential building; (e) an addition of construction to a lawfully existing special-purpose building, provided the addition does not exceed fifty per cent (50%) of the existing construction and is within the in-plan building ratio; (f) changes of use of buildings or independent horizontal or vertical units of ownership located in in-plan or out-of-plan areas; (g) construction of a swimming pool, provided it is not covered by the cases falling under approval of small-scale building works; (h) retaining walls, perimeter walls, and fences not falling under the category of small-scale building works, and subject to the cases under Category 1; (i) works for the installation of underground and prefabricated water tanks, as well as sewage tanks; (j) repair works and works changing the layout of lawfully existing buildings not falling under the cases of Article 30; (k) works falling under the cases of paragraph 2 of Article 29 for which a building permit is required according to their budget.
See in particular the application for annulment filed by EMDYDAS against the decision of the Minister of Environment and Energy (Official Gazette B’ 3136/31.07.18), in conjunction with Article 36(3) of Law 4495/2017, on the grounds, first, that the enabling law is unconstitutional, since it delegates the State’s urban planning competence to private parties, contrary to the requirements of Article 24(2) of the Constitution, and, second, that it brings about a deterioration of building terms with the direct result of worsening living conditions, contrary to Article 24(1) in conjunction with paragraph 2 thereof. Finally, annulment of the contested decision was sought on the ground that it was issued without legislative authorisation, in violation of Article 43 of the Constitution. Available at: https://www.amak.gr/index.php/ergasiaka/1927-po-emdydasprosfygi-sto-ste-gia-ton-elegxo-ekdosis-oikodomikon-adeion.