Managing Unauthorised Premises
Unauthorised construction is any construction for which there is no Building Permit or Approval of Small Scale Works issued, which is set in the articles 4 and 5 of the “New Building Regulation”/2012. We remind that …
Building Permit is required for…
- Building erections
- Demolition of constructions
- Formation of plots and fields
- Placing of Scaffoldings
- Additions and Repairs of buildings
- Repairs of Sides with Scaffolding
- Change of use of spaces requiring larger loads
- Wall surroundings and fencing
- Construction of Underground Water Tanks
Approval of Works of Small Scale is required for…
- Ground cutting
- Placing “prefab” of dwellings for housing specific groups of population
- Pumping facilities, water-ground drillings
- Construction of elevator for people with special needs
- Cutting of trees
- Underground stations of distribution-measurement of natural gas
In Greece, there is a deep-rooted tradition concerning arbitrariness. In order to conclude whether it is the state or the citizen to blame for, there is first need to answer which came first, the chicken or the egg? Thus, there are many laws for tackling arbitrariness. Every law legitimised any arbitrary buildings which took place by the time the bill was approved as law and consequently following that. This created a vicious circle of the following conception… there is not really a problem to build an arbitrary building, because at some point it will probably be authorised.
There have been several efforts to tackle this, essential of which are:
- S.1337/1983 (Tritsis)
- S.3843/2010 (Mpirmpilis)
- S.4014/2011 (Papakonstantinou)
- S.4178/2013 (Kalafatis)
In the statute 1337/83 there were three phases called…
- Α. Phase: Within 3 months time, whoever owned arbitrary-unauthorised constructions had to submit the application (with a deposit and photographs), so that they have the right to participate in the next two phases.
- Β. Phase: They submitted complete designs (topographic, architectural, etc.), application of building durability and 10% of the fine which arose, which subsequently was relatively small, “in exchange for” their connection to the networks of common utility and the suspension of their demolition.
- C. Phase: After the payment of the rest of the fine and regarding only the arbitrary buildings which were within the plan, there was decision taken by the prefect for the definitive exception from the demolition.
- According to the statute 3843/10 it was settled that the exceedances of building and change of usage existed within the framework of the volume of the building under study, which was supposed to have been erected with a licence issued or reviewed by 2.7.2009.
Regarding the statute 3843/10…
- There was no regulation concerning any infringement out of the approved volume, such as rooms, closed balconies, pergolas, constructions in a room, in flower beds etc. (which exceeded the notional solid and the legal height of the building).
- The regulation did not include spaces of main usage, where the main use was changed arbitrarily to another main one.
- There were no ancillary places included, which were arbitrarily changed to another ancillary usage.
The law 4014/2011 came as an effort to cover some weaknesses of previous laws, but it was eventually considered anti constitutional, and was replaced and complemented by the next one.
It is the Law which is valid today. It covers the largest amount of cases and constitutes the last potential of harmonisation of the owners with the order. Besides, there are being radical changes now in the fields of Ownership, Land Registry, Electronic listings, Asset Registry, activated “TAXIS”, electronic crosschecking of data. The state gives the opportunity on the one hand, it becomes very strict with further penalties on the other hand. No conveyance or establishment of land right in an estate with arbitrary elements will be any longer possible. The legality is being confirmed by a private Engineer before any action who accounts to the next immediate owner.
…You do not need to be suspicious. You will not, most probably, find someone who will be signing whatever comes up. The penalties for pecuniary fines are immense and the disqualification is not unreal.
It is therefore a chance for you to arrange any estate of yours, you shall not ignore it.
The existance of the Statute 4178/2013 gives the right but also creates the obligation for us to arrange and legalise any Arbitrary buildings. Nobody should ignore for such an opportunity as now all the contractual arrangements take place only under the law…
- We review everything under the S. 3843/2010. There may be exceedances covered by the new statute only.
- We review everything under the S. 4014/2011 as it was considered anticonstitutional. Furthermore, there may be possible exceedances which are covered by the new statute only.
- FINALLY we recommend… We review ALL of our estates, even if we consider them as legal. This must be confirmed for you by a private Engineer. After the date of its expiration, 02/2015, any arbitrariness taking place will be not possible to be arranged.
There will be no possibility for any conveyance or establisgjment of land right in an arbitrary estate or estate with arbitrary elements to take place any longer.
- If there is no change in the metrical characteristics (m2) of the application, then any arbitrary buildings having been under the Statute 4014/’11, are not burdened with further fines. The only thing to be paid is the compensatory fee for the new regulation (3% over the administrative fee).
- If there is change in the metrical characteristics (m2) of the application, the fine is calculated afresh. The payments which took place under the old law are counted in, thus they are not lost.
- ANY arbitrariness is caught and arranged for 30 years maximum in parallel with their legalisation of the most of them.
- There is big duration for the repayment of the fine, even up to 100 instalments.
- The fine will be decreased for specific groups, such as…
- People with special needs & Return migrants
- Families with many children & Families with three children
- Longtime unemployed
LEGALISATION OF ARBITRARY BUILDINGS
The legalisation is a procedure of definitive, without time limitations, legitimate nature. This is achieved through the Statute 4178/2013, or by issuing a new Building Permit, given that this is allowed by all the given circumstances.