Overview of the Electronic Building Identity
The Electronic Building Identity, established under Articles 52 to 62 of Law 4495/2017, aligned with the constitutional mandate for rational urban planning stated in Article 24 of the Constitution. It aimed to protect the natural and residential environment, ensure proper and legal arrangement of human activities in space, and enhance living conditions in urban areas. On top of that, the Council of State, in its decision 1858/2015, recognised the Electronic Building Identity as a preventive and deterrent mechanism against unauthorised construction.
Development of the Electronic Registry
The need for the Electronic Building Identity became evident due to the extent of unauthorised construction, revocation of building permits due to errors or lack of proper studies, and environmental damage observed over the last decades. In addition, the Ministerial Decision YPEN/DESEDP/7547/104 initiated the Electronic Registry for Building Identity, effective from February 1, 2021. From this date, property owners needed to draft an Electronic Building Identity for any property transfer. An exception was made for inspections done in January 2021 for the issuance of certificates under Article 83 of Law 4495/2017.
New Legislative Regulation by the Ministry of Environment and Energy
The new regulation, integrated into the law incorporating EU Directive 2018/2002, does not extend the deadline for drafting the Electronic Building Identity. Instead, it provided an alternative for citizens to transfer properties, including recent favourable regulations for parental grants. Citizens could either draft an Electronic Building Identity or follow the old process of attaching a mechanical engineer’s certification to the notarial deed. This new option was available until December 31, 2021.
Choosing Between Electronic Building Identity and Mechanical Engineer’s Certification
Property owners, often unfamiliar with urban planning legislation, might have found it challenging to understand the significance and rationale behind these regulations. While the mechanical engineer’s certification was a familiar and simple process, the Electronic Building Identity, introduced on February 1, 2021, was relatively new. However, it offered several benefits, such as property protection, one-time drafting, ease in future transfers, transparency in transactions, and reduced bureaucracy.
Electronic Building Identity Process
The legal framework for the Electronic Building Identity was detailed in the second chapter of Section B of Law 4495/2017. It applied to buildings or divided property ownership based on building permits, as well as buildings with unauthorised constructions but exempted from transfer prohibition. The declaration was made per building or divided property by an authorised engineer. Further, the system generated a unique Identity Number upon application submission, and the engineer issued a Certificate of Completeness, accessible through an electronic code for authenticity checks and reissuance.
Environmental and Property Protection
The Electronic Building Identity helped owners understand their property’s urban planning status, allowing them to rectify any irregularities and facilitating smoother property transfers. This measure aimed to control and record construction activities, ensuring legal security in property transactions and contributing to the reduction of unauthorised construction, a longstanding issue in Greece. It also safeguarded property rights and contributed to proper urban planning, as a state obligation under the Constitution (Article 24). Consequently, the Electronic Building Identity served as a certification of property ownership and a digital testament to its value for future generations.
In conclusion, the implementation of the Electronic Building Identity marked a significant step towards an integrated system for monitoring the built environment, promoting constitutional and societal objectives in urban planning, environmental protection, and property rights security.