Amendment of the Urban Planning Regulation – Relief for property owners in Greece

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A two-year extension for construction in properties that are located outside of city plan and have a surface of below two acres was granted by the new polynomial plan which was submitted by the Ministry of Environment and more specifically it regards fields:

• Of 750 sq.m., with minimum “façade” of 10m. and a minimum depth of 15m., which exist since 1962
• Of 1.200 sq.m., with minimum “façade” of 20m. and a minimum depth of 35m., which exist since 1964
• Of 2 acres, with minimum “façade” of 25m. and a minimum depth of 40m., which exist since 1977 (for properties outside of city and settlement zones) or 1978 (for properties that bear façade in the national, provincial, or municipal road).
• Which “lost” the minimum adequacy in some area because the state expropriated a part of them
• Which do not have adequacy, but were ceded to deforestation, in exchange for the adequate plot.

As pre-announced by Mr. Chatzidakis, since many technical entities noted that the two-year deadline would not be sufficient, a request submitted by the interested party for issuing a building permit will be considered enough. More specifically, the accurate wording in the final text mentions that the right is reserved “In case an application for building permit is submitted within a time period that does not exceed two years, even if it is not accompanied by all of the necessary documentation, such as certificates of forest or archeology departments”.

Following the two-year period, the construction option in plots below two acres will be totally repealed (it has, indeed, been requested by the Council of State), while the construction option in plots larger than two acres will remain under specific conditions (for ex. in cases of plot decrease due to expropriation/ street planning or as long as the local urban plan considers that it shall be restored).

In general, the Urban Planning bill introduces three “gears” within the areas that are outside of the city plan:

• The first regards areas which do not yet have any kind of urban planning design. In these cases, as long as the minimum adequacy (four acres) is fulfilled, the owner may construct 180 sq.m. (from the current 200 sq.m.). In these areas, the issuance of a building permit will be burdened with a fee of 5% which will end up in a special account of the Green Fund.
• The second one regards the areas which are not covered by the urban plan, but of some kind of other urban planning design (for ex. a Presidential Decree, a zone of residential audit). There, the adequacy may be more favorable from the first category (however, in many cases it is higher, for ex. in large parts of Attica it’s at 20 acres) and the building terms (factors, coverage, etc.) until 10% higher.
• The third category regards the areas where urban planning design exists: either old type (General Urban Plan – ΓΠΣ or Plan of Open City Spatial Organization – ΣΧΟΟΑΠ), either new type (Local or Special Urban Plan). In these areas, the minimum adequacy in the outside of city plan areas will initiate from 2 acres, if this emerges as a necessity by the area’s study (for ex. if a significant number of micro-ownership exists). The building terms shall (obviously) be much less favorable than the ones which apply to settlements. The maximum building ratio for residence outside of the plan is 0,18, the coverage 10%, and the maximum number of floors is two.

It is noted that the article which increased the necessary minimum “façade” on street and repealed the ‘pilotis’ areas in the outside of the plan area etc., was deducted from the final text of the Urban Planning Law. According to the Ministry of Environment, the more specific provisions will be specialized pursuant to a Presidential Decree.

Finally, an interesting addition is a regulation of building in inhabited islands. As it is predicted, this is possible – as long as it is allowed by environmental legislation – in case it is allowed by the urban planning design of the area (which may happen occasionally, for ex. with a special territorial plan), with minimum adequacy at 20 acres.