It can be one of many settings of one bill to change the face of our country as we know it? The experts on her issues zoning seem to be worried by the impending, unprecedented – in post-political history – premium for building in areas outside the plan.
As they estimate, this decision will lead to a new wave “of cement» of the countryside, with irreversible consequences, especially in Island part of Greece which has been the target of the domestic and international real estate market in recent years. On the other hand, the technical world and its market real estate they consider the regulations imperative, considering that the country that has encouraged foreign investment in recent years cannot now deny the right to build to those who bought land.
The terms and the act
Building in areas outside the plan is allowed (“exceptionally”, according to SCouncil of State) if there are three basic conditions: h perfection, which after the abolition of deviations in 2020 must be at least 4 acres and the “face” of the plot on a recognized road (national, community, etc.). These conditions were defined in 1985 and were specified in 2003. The problem is that there are enough of them urban planning in the last decades they gave building permits to plots that had “face” on illegally opened roads (either by the municipalities or by the owners of the plots). The result was that in many areas (especially the most touristic ones) the boundaries between villages gradually disappeared, while the countryside was filled with houses.
Many of these permits reached through appeals to the Council of State, which for at least a decade has been consistently canceling them, with two reasons: that off-plan construction is permitted only exceptionally (that is, it cannot be encouraged and even compete with those within planning areas), while undermining urban planning, forcing it to accept fait accompli. In the last three years there have been a series of important decisions in which the SC not only canceled permits (given without a “person” on a recognized street), but also turned against the town planners who issued them. This resulted especially from the beginning of 2023 in urban planning to “get together” and issue permits only in cases where the law allows it.
The Ministry of Environment perceived this development as a problem. In a draft law that he presented a few days ago to the cabinet, he included a regulation that largely frees off-plan building, cutting it off from two of the three basic conditions of the existing legislation (“face” and the existence of a recognized road). Making an arbitrary interpretation of the 1985 and 2003 legislation, the ministry concludes that the legislation only applies to land “created” after those dates (kind of like a new tax only applies to those taxed for the first time from the day it was enacted and not have universal application).
“The State maintains that it is launching urban planning. The Ministry of Environment is now coming to undermine this urban planning.” Sofia Avgerinou-Kolonia President of the Association of Greek Town Planners and Spatial Planners (SEPOH) and professor emeritus of NTUA
Thus, for the plots before 2003, it stipulates that the road network that existed in 1977 (with a width of at least 3.5 meters) will be recognized as “legal”, allowing the “face” of the plot on the road to be reduced from (as a rule 25 meters) to 3.5 meters. The only condition is that the municipality has at some point managed this road, e.g. to have paved him. And for the plots before 1985, it allows building permits to be given without any “person”, but with a right of way to a neighboring property.
Only perfection
At the same time, the ministry separates (also completely arbitrarily) the lots sold in the last five years. These are allowed to be built without even the previous conditions, with the only necessary condition being completeness, as long as it is stated in the purchase contract that the plot is even and buildable. What does this mean; That practically anyone who illegally opened roads, turned paths into roads and created… by himself (himself or one of his neighbors) the conditions to sell a plot of land as buildable, is now coming to be vindicated. However, the worrying thing about the whole case is the dimensions that this release will have, as thousands of plots of land have “changed hands” in recent years, especially on the islands (especially 2022 is considered a record year). Which means that interested parties can rush to issue building permits within the next 2-3 years and the islands will be built non-stop for the next decade. Almost anywhere.
“There is no beginning and end, no protection for the landscape and the natural and cultural environment. At a time when real estate is booming, the number of those who will be able to benefit from these provisions will certainly be large, so the consequences will be difficult to estimate,” says Sofia Avgerinou-Kolonia, president of the Association of Greek Town Planners and Planners (SEPOH) and emeritus professor of NTUA. “Since 1923, when off-plan construction was established, the legislator was clear about the possibilities it concerned, mainly productive ones. The State tolerated situations because it could not control them – that is why off-plan was also largely related to arbitrary construction. Times, however, have changed. The State claims that it is launching the urban planning (of course in SEPOX we believe that the case is still progressing slowly). The Ministry of Environment is now coming to undermine this urban planning. I am very worried about the effects of the provisions on off-plan building, because they will create situations that will move faster than urban planning, which will then come to be applied in a completely different situation, since in the meantime the building will have multiplied.”
“Once you have it, build it”
“It’s outrageous. We are going from bad to worse”, she estimates Haris Christodoulou, associate professor at the School of Architecture of AUTH. “Over the last 30 years, the State has cultivated the perception among all citizens that if you own land, you have the right to build. It is a perception that negates any concept of space planning and its protection. On the same wavelength are these provisions, which facilitate the further dispersion of construction in the non-planned areas. It is interesting that the State is in a hurry to separate the plots sold in the last five years, that is, to take responsibility for those it considers wronged. Even if that means undermining her attempt at urban planning and practically ignoring the consequences. In my opinion there is no question of injustice, but of giving advantage where it should not be given. Unfortunately, the situation is already very aggravated in too many areas across the territory, which are being urbanized indiscriminately. We create scattered, informal settlements without infrastructure, we lose our natural and cultural environment by mindlessly consuming the land we should be handing down to our children. All this, when the rest of Europe is implementing sustainability policies.”
In favor of the engineers
From another perspective, the views of the technical world. “In my opinion, these regulations are welcome, because right now there is chaos in the market. Other urban planning authorities issue permits to outside the plan and others do not”, he estimates president of the Technical Chamber of Greece Giorgos Stasinos. “For the plots before 1985, even if they are “blind” (ie without a road) or operate with easements, there should be no question because they are older than the legislation restrictions. For those between 1985-2003, I think it’s a good middle ground. For the real estate of the last five years, I think the separation is fair: the prime minister himself invited investors to come and invest in our country. Therefore, a period should be given for those who allocated some money to buy land so that they can build if they wish, and not go to logics of “sudden death”. But isn’t it a contradiction to encourage off-plan building while promoting the development of urban plans? “He has it, but I try to put myself in the shoes of the buyers,” says Mr. Stasinos. “Is it fair to take away from these people the right to build like so many others for decades? Unless the state decides to imprison the notaries and city planning officials who for so many years said it was allowed and gave permits. I think, therefore, that it is also a matter of legal certainty”.
“These arrangements are welcome, because at the moment there is chaos in the market. Other town planning authorities issue permits to outside the plan and others do not.” Giorgos Stasinos, President of the Technical Chamber of Greece
“The issue needs to be settled immediately, so that properties are not affected”, believes Yannis Revythis, honorary president of the real estate agents. “It cannot be terminated outside the plan. If someone went and bought a property e.g. in Paros, where everyone was building, will the State now tell him that he can’t? What is needed is to establish land uses so that there are no conflicts e.g. between housing, tourism and other economic activities”.
