Groundbreaking changes in Real Estate – What is predicted by the new spatial planning bill

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According to accurate information by “Eleftheros Typos”, the spatial planning bill to be presented to the Council of Ministers in April includes the activation of Building Factor Transfer via Digital Bank of Land.

The more specific details were examined during yesterday’s teleconference between Prime-Minister Kyriakos Mitsotakis and executive members of the Ministry of Environment.

Indicatively, the legislation draft includes provisions regarding; establishment of motives within organized developments, receptors of business organized installation and plans for the positive ecological footprint, simplification, and reduction of general land uses, transfer of structure factor, improvement in cadastral operation, simplification, and streamlining of Building Regulation, problem-solving in specific spatial order plans (aquacultures, renewable energy sources, industry, and supply chain).

At the same time, the bill will include various improvements in spatial planning, such as the exclusion of island rocks which are located within the net of protected areas from the absolute protection regime, in order to be possible to develop minor forms of growth at these locations and therefore result in the return of residents or provide return motives.

At the same time, the Ministry of Environment and Energy is promptly promoting the deliberation and implication of ministerial decisions, which shall improve the life and mobility in city centers, through the enactment of rules for the adjustment of existing buildings to the needs of individuals with disabilities, the implication of long-term national strategy for bicycle-use, the planning of urban roads and open-air public spaces.

The provisions

According to accurate information of “Eleftheros Typos”, the bill will include, among other provisions;

1. Building Factor Transfer; the Ministry of Environment is expected to proceed to the activation of Building Factor Transfer within the following period. According to accurate information by the “E.T.”, all the parameters expected to “unblock” the process, which has been pending for years and has left thousands of owners in uncertainty and has made them unable to exploit their ownership titles, are being examined at the moment.

During the past years, Factor transfer titles from historical buildings, monuments and demolished properties have been issued, which correspond to more than 1.000.000 square meters; however, the disruption of the policy left in uncertainty titles corresponding to 450.000 square meters, the value of which is estimated to exceed the 185 million euro, and owners who did not have the opportunity to transform them into real estate properties.

The building factor transfer covers properties for which the owner is not allowed to exploit the whole current factor in the area. From these real estate categories, the owner may request the issuance of building factor transfer title, which grants him the right to transfer the remaining factor of his property.

 

2. Digital Bank of Land: The transfer of Building Factor will be executed via a Digital Bank of Land. More specifically, the Bank of Land will purchase the building factor from the owners of preserved or monumental buildings and sell to the owners of arbitrary constructions with significant violations. Τhe individuals receiving the money by providing the building factor will be obliged to proceed to the restoration of the preserved buildings and, correspondently, the individuals buying the factor will be obliged to the lawful regulation of their violations.

At the same time, through the Bank of Land, the Municipality shall intervene in abandoned properties, withhold them, restore them through funding by individuals, who, following a competition, shall undertake their exploitation for several years and after the recuperation of the restoration cost, shall return them to the owners. In case the owner appears at a prior time, requesting to exploit it himself, he shall be able to proceed to that by depositing the restoration cost.

The digital Bank of Land will also be able to materialize exchanges of areas belonging to building co-operations, which are “blocked”, either due to their forest nature or due to other causes and are not developable, with other available public areas which can be developed.  At the same time, the Bank shall allow Municipalities to sell factors from withheld unstructured properties in order to acquire financial resources to expropriate communal spaces.

According to the latest evidence by the Ministry of Environment and Energy, a total amount of 244.000 building factor transfer titles have been issued for preserved buildings and 184.000 for demolished properties.

 

3. Improvement of the appeal of organized forms of development against the common building outside of plan;

• Significant urban planning motives for organized developments (improved building terms, acceleration of the procedures)
• Decrease in Building factor for the common building outside of the plan, increase in case of ecological footprint improvement (energy saving, recycling, renewable energy sources), increase of developability outside the plan for hotels.

4. Simplification and improvement of the system clarity regarding land use

• Reduction of general land uses from 16 to 6.
• Unified use of same land use categories in all the forms of spatial planning.

5. Simplification, acceleration, and efficiency improvement of the spatial and urban planning system.

• Restoration of the hierarchy among special and regional spatial order frames, in order to avoid lack of clarity and legal uncertainties for the investments.
• System for rapid contradiction resolution between different spatial plans.
• Limitation of the maritime spatial planning enforcement exclusively to the maritime area.
• Significant acceleration of the Local Urban Planning layouts from 12 to 2,5 years.
• Acceleration of the Special Urban Planning Local Layouts from 3 to 1 year.
• Immediate characterization of the local road network and inclusion of the local disaster preparedness plan.

6. Involvement of private engineers in the procedures of approval and inspection of the plans.

• Verified assessors of Urban Planning and Spatial Plans.
• Support to Building Inspectors.

7. Simplification and streamlining of New Building Regulation (enforcement of building activity, facilitation of the reduction of building spatial footprint with a correspondent increase in height, legal certainty with annulment of all obscurities).

SOURCE: https://www.b2green.gr/el/post/79144/anatropes-sta-akinita-ti-provlepei-to-nomoschedio-gia-to-chorotaxiko

MARINA XYPNITOU mxiplitou@e-typos.com