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(2024) Basic Codification of the Provisions of the New Law 5092/2024

Shore – Beach

(Official Gazette A’33/4.3.2024)

Eleftheria Volaki, Lawyer, LL.M. Environmental Law

Introduction

The character of the shore and the beach as common-use assets[1], with the particular consequence that the public has free and unimpeded access to the coastal front, as well as the importance of environmental protection of coastal areas as sensitive areas, has particularly preoccupied public opinion recently. It could be argued that it has rightly done so, and will continue to do so, potentially bringing ideas and views into conflict, since the predominantly insular character of our country will always be the subject of conflicting rights and proposals.

Law 5092/2024 (A’ 33/4-03-2024) entitled “Conditions for the development of public property in coastal areas and other provisions”[2] was recently published, containing regulations relating to the procedure for designating the shore and beach, the procedure and adoption of protection measures, and sanctions concerning the granting of simple use.

It is of interest to study and record the direction in which the provisions of the new law move in relation to Law 2971/2001, what is achieved, and to what extent. Is environmental protection achieved, the common-use character of the shore and beach, and the assurance of free and unimpeded access?

This codification presents and analyses the following questions/topics, as they arise from the new provisions of Law 5092/2024:

  • Which areas are designated as Protected and “Untrodden” Shores, and how are they defined?
  • How is the ownership status of the old shore configured?
  • What are the basic regulations and the procedure for granting simple use, and what are the obligations of grantees?
  • Granting to “neighbouring businesses” – what procedure and terms apply specifically in this case?
  • New inspection mechanism and measures for protecting the common-use character of the shore and beach – what are the main differences compared to Law 2971/2001?

It is noted that Law 5092/2024 sets out the specifics regarding the designation of the shore and beach, the framework for granting simple use of the shore and beach, as well as the sanctions and protection measures for the common-use character of the shore and beach, and accordingly repeals the corresponding articles of Law 2971/2001. Specifically, Articles 1, 2, 3, 4, 5, 6, 7, 7A, 9, 10, 13, paragraphs 6, 7, 8, 10, and 11 of Article 15, and Articles 16A, 26, 27, and 29 are repealed[3], while Law 2971/2001 otherwise remains in force specifically with regard to the provisions on granting a section of shore/beach for the execution of works, as well as on port zones.

Basic regulations

  1. Which areas are considered Protected and “Untrodden” Shores, and how are they defined?

The concept of a protected and “untrodden shore”/“untrodden beach” is introduced into the legal order, in the law on the protection of the shore, for the first time. These are sections of shore and beach that fall within Natura 2000 network areas, and, depending on their level of protection, more specific terms and restrictions will now apply with regard to grants of simple use for the placement of sunbeds and umbrellas.

The law provides for the distinct management of protected shores and beaches from sections of shore/beach designated as “untrodden,” with a view to the enhanced protection of the latter. Where a beach is designated as “untrodden,” any activity that could endanger the integrity of the protected shore and beach is prohibited, including the placement of movable elements such as umbrellas, loungers, etc.

Specifically, a protected shore-beach is defined as “the distinct section of shore and beach located within an area included in the National Catalogue of Areas of the European Ecological Network Natura 2000, having particular ecological and geomorphological characteristics that need to be improved, protected, or maintained.” For the purpose of preserving these characteristics, prohibitions and restrictions are imposed on activities permitted on the shore and beach. The terms and restrictions applicable to protected shores and beaches are those set out in the regulatory acts issued under Article 21 of Law 1650/1986 (A’ 160) on the designation of areas, that is, until the issuance of the Presidential Decrees approving the Special Environmental Studies (SES) for Natura 2000 areas.

“Untrodden beaches” are defined, under Article 4(2) of Law 5092/2024, as “shores and beaches of high protection, and in particular shores of particular aesthetic, geomorphological, or ecological value, on which the granting of simple use is prohibited, as is any other action that could endanger their morphology and their integrity in terms of their ecological functions.”

The prohibitions and restrictions on activities on untrodden beaches will be provided for either:

– in the Ministerial Decision of the Minister of Environment and Energy determining terms and restrictions for interventions and activities in biodiversity protection areas and National Parks, issued under the authorisation of paragraph 6[4] of Article 21 of Law 1650/1986. This Ministerial Decision may be issued while the Special Environmental Study (SES)[5] for the protected area is still being prepared, and pending the issuance of the Presidential Decree[6] designating the protected areas, establishing terms and restrictions on land uses and building terms, and approving the Management Plan;

– or by issuance of a Joint Ministerial Decision of the Ministers[7] of National Economy and Finance and of Environment and Energy, issued following a recommendation by the Natural Environment and Climate Change Agency (OFYPEKA) and on the proposal of the Head of the General Directorate of Environmental Policy of the Ministry of Environment and Energy. This Joint Ministerial Decision may be issued by 31-03-2024, and its subject matter will be the designation as “untrodden” of beaches located within Natura 2000 network areas, and the establishment of restrictions and prohibitions on the activities permitted thereon, pending the issuance of the relevant management plan and Presidential Decree under Article 21 of Law 1650/1986.

For the designation of a beach as untrodden, the following criteria are taken into account, in accordance with paragraph 1 of Article 22 of Law 5092/2024:

  • The significant presence of natural habitat types protected by Union or national legislation, and of rare endemic species of flora and fauna
  • The performance of significant ecological functions for protected species
  • Their designation as Key Biodiversity Areas under Article 184 of Law 5037/2023 (A’ 78), as well as, in general, the presence of significant ecosystems requiring protection, maintenance, or restoration
  • Social and cultural requirements, as well as regional and local particularities.
  1. How is the ownership status of the old shore configured?

Article 6 sets out the ownership status of the shore, the beach, and the old shore. In particular, it provides that the shore and the beach[8] belong to public property and are common-use property under Article 967 of the Civil Code[9], while it is clarified that the old shore belongs to the private property of the State.

This provision reinstates the regime of “ownership” of the old shore as it applied under Law 2971/2001 until its amendment by Law 4607/2019 (A’ 65). It is noted that, under the new provision, this regime over the old shore zone is lifted in the case of an old shore bordering “untrodden” beaches. Specifically, Article 6(5) expressly provides that “areas of old shore bordering untrodden beaches under paragraph 2 of Article 4 belong to public property, are not susceptible to acquisition of private rights, and are recorded as common-use property.”

  1. What are the basic regulations and the procedure for granting simple use?
  2. Bodies responsible for granting simple use

Under Article 7 of Law 5092/2024, the bodies now competent for granting use of the shore/beach are the Greek State, through the Property Services, and ETAD S.A., while the law removes this competence from the Municipalities. The Municipalities, however, retain the right to revenue from the payment of consideration for use [60% of the consideration from the grant of simple use is allocated to the relevant Municipality].

  1. Procedure

Under the new law, it is now mandatory, regardless of the granting body, to use an electronic auction procedure[10] for every competitive auction concerning the grant of simple use of the shore and beach[11]. The implementation of electronic auctions will be supported by the new “Register of Contracts for the Grant of Simple Use of the Shore and Beach” system under Article 15 of Law 5092/2024.

The Register will record the details of each grant, such as coordinates, polygon, and aerial photographs, its duration, the terms of the grant, and the assessed (objective) values of properties near the granted area. After the competitive auction procedure ends, the electronic platform automatically generates a draft contract, which is sent by email to the successful bidder/grantee.

It is noted that, under a special transitional provision for 2024[12], auctions may be conducted using notices that are not automatically generated by the new “Register of Contracts for the Grant of Simple Use of the Shore and Beach” system.

  1. Time for completion of contracts

Furthermore, the law expressly provides for the time by which applications for grants of simple use must be completed, namely by 31 March of each year[13]. This provision appears to resolve the problem faced by many businesses, who were unable to place sunbeds and umbrellas on the shore until their contract was signed – often not completed until July or even August – since the Joint Ministerial Decision[14] under paragraph 3 of Article 13 of Law 2971/2001 (Official Gazette B’ 1432/2023) set the deadline for processing applications as the end of June for Municipalities and the end of July for Property Services.

By way of derogation from the above provision, for 2024, with respect to the grant of use of shores and beaches following an electronic auction[15], the new law specifically provided that the procedure for granting simple use must be completed by 31 May 2024.

  1. Area of the granted space

Article 9(2) and (3) set out the constraints regarding the area of the “granted shore/beach.” Specifically:

  • The maximum area of a section of shore/beach that may be granted is set at 500 m².
  • A minimum distance of at least six (6) metres is set between granted sections, irrespective of the time or procedure under which they were granted, with the exception of contiguous neighbouring businesses. In the case of contiguous neighbouring businesses or associations, the width of the free zone is, exceptionally, reduced by fifty per cent (50%), provided that the frontage of the business or marine sports club is less than six (6) metres in length. Specifically for businesses located in adjoining buildings, the width of the free zone is reduced to four (4) metres[16].
  • The total of the sections of shore and beach granted may not cover more than 50% of the area or of the length of the frontage of the distinct section of shore/beach in question.
  • Furthermore, as provided by the law, shore and beach are not granted for simple use, whether by competitive auction or to a neighbouring business, where its length or width is less than 4 m, or where the total area of the shore is less than 150 m². An exception to this restriction is made for cases where business operating licences are in force, until their expiry. Furthermore, exceptionally, the grant of shore and beach to hotel accommodation establishments is permitted[17].
  1. Granting to “neighbouring businesses” – what procedure and terms apply specifically in this case?

Article 11 of the new law sets out the specific framework for granting simple use to “neighbouring businesses” operating on plots/parcels adjoining the shore/beach. Neighbouring businesses, as specified in the law and listed below, may, upon their request, obtain a grant of simple use of the shore/beach for the placement of sunbeds and umbrellas, without an auction, for a period of from 1 to 3 years. The consideration for the grant is that resulting from the mathematical formula in paragraph 5 of Article 10 [assessed value of the neighbouring property × shore weighting coefficient × activity weighting coefficient × years of grant × 3%], increased by 20%.

The new provision adds, compared to Law 2971/2001, furnished rental apartments as eligible neighbouring businesses, while now, instead of recreation centres, the law provides for food and beverage establishments subject to health regulations (KYE). Specifically:

  • Which “neighbouring businesses” may obtain a grant of simple use without an auction?

Specifically, neighbouring businesses expressly include the following:

  • main hotel accommodation establishments
  • furnished rooms/apartments for rent under sub-subparagraph (cc) of subparagraph (b) of paragraph 2 of Article 1 of Law 4276/2014
  • organised tourist camping sites
  • food and beverage establishments subject to health regulations, and
  • marine sports clubs holding the special sports recognition under paragraph 1 of Article 8 of Law 2725/1999 (A’ 121) and registered in the electronic register of sports clubs.
  • In which cases is a business considered to be neighbouring?

A business or club is considered to be a neighbour of the granted section of shore and beach even where, between the area in which the business or club operates and the shore or beach, there is interposed:

  • a road, square, or other common-use area
  • a private property owned or leased by the business or club
  • a property belonging to the private property of the State or to the Hellenic Public Properties Company (ETAD)

Where the interposed property belongs to ETAD (e.g. old shore), the law provides for a new procedure for acquiring a contractual right over it, with the aim, according to the explanatory memorandum, of speeding up the completion of shore and beach grant contracts.

Specifically, the new procedure is as follows:

  • The application for the grant of simple use of a section of shore and beach is submitted by the interested party not only to the locally competent Property Service, but simultaneously also to ETAD.
  • ETAD has the right to refuse to enter into the contract, in particular if the private property under its competence that is interposed has been included in a development programme under its Regulation.
  • The competent Property Service extends the subject matter of the simple-use grant contract for the section of shore and beach to also cover the intermediate section of property under ETAD’s competence.
  • The consideration for the grant of the property managed by ETAD is determined by ETAD per square metre of use, by zone, by decision of its competent body, issued by 15 January of each year and notified to the competent Property Service.
  • The price for the property granted by ETAD is paid annually by the grantee, in a single instalment, directly into ETAD’s account upon signing of the contract.
  • The contract takes effect once it has also been countersigned by the competent body of ETAD.
  • If a period of 30 days elapses without action following submission of the application by the interested party, ETAD’s consent is deemed to have been given by tacit approval.
  • What specific terms apply with regard to the extent of the grant?

The granted section of shore and beach for neighbouring businesses or clubs is bounded by:

  • the projection of the boundaries of the area in which the business or club operates, running perpendicular to the coastline, and by
  • a line parallel to, and four (4) metres from, the coastline, and the projection thereof towards the business, such that the granted area does not exceed five hundred (500) square metres.

In any event, taking into account also other grants of simple use, at least 50% of the area or of the length of the frontage of the distinct section of shore and beach in which it is located must remain free.

By way of exception, a larger area may be granted, provided that the percentage set out in the first subparagraph remains free, if the neighbouring business is a main hotel accommodation establishment, a camping site, or a mixed-use tourist accommodation establishment.

  1. What are the obligations of grantees?

Article 8 of the new law sets out the specific obligations of the grantee, which are to be included in each grant contract, the most significant of which include the following:

  • The placement of umbrellas, sunbeds, marine recreation equipment, and other movable elements is limited to a percentage of the area of the granted area not exceeding sixty per cent (60%), or thirty per cent (30%) in the case of a protected shore and beach.
  • The existence of a free zone from the coastline of at least four (4) metres in width, in order to ensure passage for the public both perpendicular and parallel to the sea.
  • Ensuring free, unimpeded, and safe passage for the public on the shore and the beach.
  • Installation of a special platform to assist persons with disabilities (sea tracks), if these have not been installed by the municipality. In this case, the grantee may offset the costs of installing the platforms against the consideration for the grant.
  • Display of a sign, in a visible location on the shore or beach, showing the coordinates of the grant, the grant decision number, the rights of the public, and a unique QR code for each grant.
  • Placement of movable elements for the service of the public.
  • Ensuring the presence of a lifeguard, where this obligation is not covered by the relevant municipality. In this case, the lifeguard’s remuneration is offset against the consideration for the grant.

It is noted that the notice for the grant of simple use of the shore/beach may also provide for additional obligations on the part of the grantee, both in relation to the protection, maintenance, and development of the granted section of shore and beach, and to the enhancement of common use.

  1. Inspection mechanism – what new measures are introduced?

Articles 15, 16, and 17 of the new law provide for a new inspection mechanism, which, according to the explanatory memorandum, will ensure the monitoring of compliance with the law on granted and non-granted sections of shore and beach, the identification of any violations, and the immediate activation of measures to protect their common use.

Specifically:

  • The information system “Register of Contracts for the Grant of Simple Use of the Shore and Beach”[18] is established and put into operation, which will include all necessary information on grant contracts; through it, simple-use grant contracts will be completed, and through it the public will be informed of every act of grant for the placement of sunbeds and umbrellas.
  • The competent inspection authorities are expanded. Specifically, under Article 17, the powers to inspect and verify compliance with the law on the shore and beach will be exercised by a number of bodies, namely the relevant Property Service, the relevant Municipality, and the joint inspection teams under Articles 271 and 271A of Law 5037/2023. In addition, by decision of the Secretary General for Public Property of the Ministry of National Economy and Finance, “joint inspection groups”[19] may be established, comprising members of the Ministry of National Economy and Finance, the Independent Authority for Public Revenue (AADE), and the Financial Police, as well as the Head of the relevant Public Prosecutor’s Office.
  • The work of the inspection bodies will be facilitated and supported by modern technology, through the use of drones and satellites.
  1. Sanctions – measures for the protection of the shore/beach

A key pillar of the new law (Articles 18, 19, and 20) is the establishment of stricter measures and sanctions for the protection of the shore and beach, particularly because of their common-use character and their special environmental value.

The sanctions under the new law are divided into administrative measures, such as an act of immediate removal of unlawful installations, sealing of the business, prohibition from participating in new grant tenders, the imposition of fines, as well as criminal measures. Furthermore, the sanctions in the law are distinguished depending on whether they concern the case of occupation of shore and beach without a grant contract, or the case of exceeding the terms of a grant contract.

Also, where unauthorised structures, works, or alterations are found on the shore and beach, these are demolished at the expense of the responsible party[20], following the issuance, by the Head of the relevant Property Service, of a Demolition Protocol.

It is noted that, with regard to the administrative measure of exclusion from future contracts as established, the period of exclusion from future grant contracts also applies to all sole proprietorships or companies in which the offender, their spouse, and relatives by blood or by marriage up to the second degree participate as partners or shareholders.

What difference is introduced compared to Law 2971/2001?

With regard to Law 2971/2001 and Article 27 thereof, which provided for protective measures for the shore, the measures of the administrative eviction protocol (PDA) and the protocol determining compensation for use (PKACH) are abolished as concepts for cases of simple use of the shore/beach. Also, Article 29 of Law 2971/2001 on the imposition of administrative fines is repealed, except for cases where violations were identified before the entry into force of the new law, and Article 19 of Law 5092/2024 now enters into force, under which stricter fines are provided for, and for more cases. It is noted, among other things, that for the first time a fine is established for obstructing the public’s free access to the sea, the shore, and the beach[21].

  1. Notes – transitional provisions
  • Law 5092/2024 does not affect existing provisions governing business parks, ESCHADA[22], and ESCHASE[23].
  • Law 5092/2024 does not affect property rights acquired before 23 April 2019 over old shores belonging to public property. Old shores determined between 23 April 2019 and the entry into force of the new law belong to the private property of the State, subject to paragraph 12 of Article 5. The designation of untrodden beaches does not affect pre-existing private rights over areas of old shore bordering them.
  • The provisions of Law 5092/2024 do not affect the terms of grant contracts concluded before its entry into force.
  • Violations of paragraph 1 of Article 29[24] of Law 2971/2001 (A’ 285) identified before the entry into force of Law 5092/2024 are examined, as regards the procedure for imposing administrative sanctions, in accordance with the repealed provision, i.e. Article 29.
  • Article 16A of Law 2971/2001 continues to apply for determining consideration in cases of grants for the execution of works, in particular under Articles 11, 14, and 14A of Law 2971/2001.
  • Article 27 of Law 2971/2001, i.e. the measures of the administrative eviction protocol, the protocol determining compensation for unauthorised use, and the demolition protocol, continues to apply to port zone areas and for the application of Articles 11, 14, and 14A of Law 2971/2001[25] (grant of use for the execution of works within the shore, beach, sea area, etc.).

In order to achieve the overall protection of the shore and beach while also ensuring their sustainable development, special “legislative attention”[26] and the establishment of special legal rules will always be necessary. Indeed, the protection of the shore and beach is now also an absolute necessity in light of climate change, a necessity flowing from Article 24 of the Constitution and from European Union law, and in particular from the principles of environmental protection, sustainable development, and the carrying capacity of the ecosystem.

In any case, the provisions of the new Law 5092/2024, such as the designation of untrodden beaches, the adoption of measures to ensure free public access to the sea, the digitisation of simple-use grant contracts for accurate data recording and public information, and the stricter measures and sanctions for the protection of the shore, appear to be shaping a new “culture” for the management and protection of the shore and beach.

Part of this study was published on ECOPRESS, at the link: https://ecopress.gr/kodikopoiisi-neou-nomou-gia-aigialo-p/

[1] K. Karatsolis – I. Tsakalogianni, “Marine coastal ecosystems and human activity in 2022: codification and recording of the law in force,” Nomiko Vima, April 2022: “The shore, as characterised both by Article 1 of Law 2971/01 and by the provisions of Articles 967 and 968 of the Civil Code as common-use property, constitutes natural public property; that is, unlike artificial constructions, no administrative act is required for its inclusion in public property, but, by virtue of its very nature, it is public property pursuant to a general and abstract requirement of the law. The beach too, although not expressly mentioned in Article 967 of the Civil Code, is characterised, by way of extensive interpretation, as common-use property, because it serves common use.”

[2] According to the explanatory memorandum accompanying the law, the purpose of the law is “the management of the country’s coastal areas, so as to ensure their common-use character and to allow their development in a manner beneficial to the national economy, protective of the environment, and in accordance with the public interest.”

[3] Subject to the provisions of Articles 23 and 24 of Law 5092/2024.

[4] “6. For areas, elements, or assemblages of nature and landscape for which the procedure for designation by presidential decree has begun, and until the act of designation is issued, the Minister of Environment and Energy may, by decision published in the Government Gazette, determine terms and restrictions for interventions and activities that could have a harmful effect on the above areas, elements, or assemblages, and may implement management actions under subparagraph (a) of paragraph 3, and specific management actions aimed at improving and maintaining the condition of the protected subjects. The validity of this ministerial decision may not exceed two (2) years. Where exceptional reasons exist, this period may be extended, by a similar ministerial decision, for a further four (4) years.”

[5] Paragraph 2 of Article 21 of Law 1650/1986 “The Special Environmental Study constitutes the scientific study documenting the Presidential Decree for one or more protected areas and the Management Plan for each protected area.”

[6] Paragraph 4 of Article 21 of Law 1650/1986

[7] Article 22(1) of Law 5092/2024

[8] “The beach too, although not expressly mentioned in Article 967 of the Civil Code, is characterised, by way of extensive interpretation, as common-use property, because it serves common use,” K. Karatsolis – I. Tsakalogianni, “Marine coastal ecosystems and human activity in 2022: codification and recording of the law in force,” Nomiko Vima, April 2022

[9] See Supreme Court (Areios Pagos) decisions 562/2016 (First Civil Division), 721/2001, 1522/2002, 573/2008, 1334/2010, 1441/2011, 301/2013 (Third Civil Division).

[10] Article 10 of Law 5092/2024

[11] It is noted that, under paragraph 9 of Article 10 of Law 5092/2024, specifically for shores and beaches managed by ETAD S.A., the grant of simple use takes place in accordance with its Regulation.

[12] Article 23(5) of Law 5092/2024

[13] Article 9(1) of Law 5092/2024

[14] On “Determination of terms, conditions, technical matters, necessary details, and procedure for the grant of simple use of the shore…”

[15] Article 23 of Law 5092/2024

[16] Article 11(5) of Law 5092/2024

[17] Article 11(4) of Law 5092/2024

[18] Article 15 of Law 5092/2024

[19] Article 17(2) of Law 5092/2024

[20] Article 18(6) of Law 5092/2024

[21] Article 19(1)(e): “For obstructing the public’s free access to the sea, the shore, and the beach, a fine of from two thousand (2,000) euros to sixty thousand (60,000) euros.”

[22] Special Spatial Development Plans for Public Properties under Law 3986/2011

[23] Special Spatial Development Plans for Strategic Investments under Law 4864/2021

[24] 1. Any person who, without a permit, or in excess of a permit, or under a permit issued in violation of this law, brings about, on the shore, the beach, the sea, the seabed, the port zone, a large lake, a navigable river, or the bank or riparian zone of a large lake or navigable river, any change through the construction, alteration, or destruction of works or of the ground or seabed by taking soil, stones, or sand, or by any other means – irrespective of whether such conduct caused damage to any person – shall be punished by imprisonment of at least one year and by the fines imposed administratively in accordance with paragraph 23 of Article 3 of Law 2242/1994, which otherwise applies. The fines under the preceding subparagraph shall, as regards the banks of large lakes and navigable rivers, be imposed by the locally competent Property Service.

[25] Article 24(2) of Law 5092/2024[26] K. Karatsolis – I. Tsakalogianni, “Marine coastal ecosystems and human activity in 2022: codification and recording of the law in force,” Nomiko Vima, April 2022