Regulation on Fire Protection of Properties within or near Forest Areas

What does the new fire protection law mean and what should property owners within or near forest areas finally do?

               Fire protection is a vital issue in Greece, especially in areas like Kefalonia, where the risk of fire is high due to forest resources and climatic conditions. The competent authorities implement multiple fire protection measures, including the fire protection of properties within and near forest areas. These measures include the construction of firebreaks around buildings, the clearing of vegetation, and the proper maintenance of the surrounding area, as well as the enforcement of laws and regulations concerning fire prevention and suppression. Community awareness and participation are also crucial for effective fire protection, as the cooperation of all stakeholders is essential to address this common risk.

               Fires have already started and pose a continuous threat to the environment, properties, and human life. The seriousness of the situation led the government to issue a new law, the "Regulation on Fire Protection of Properties within and near Forest Areas" by the Ministries of Environment and Energy, Interior, and Climate Crisis and Civil Protection. This law seeks to strengthen efforts for fire prevention and suppression, imposing stricter regulatory standards for the fire protection of properties within and near forest areas and significant fines for those who do not comply. This law is another step towards the effective protection of the natural environment and properties from the risk of wildfires.

What exactly does the law state and which properties does it include?

               The law aims to establish a unified and mandatory framework of fire protection measures and means for properties located within or near forests and forest areas. This includes preventive fire protection measures as well as certain requirements for the fire protection of buildings and their surrounding areas, with the aim of enhancing the safety level of properties, reducing their vulnerability to fire, and limiting their contribution to its spread. Furthermore, it aims to protect the natural environment and, above all, life and health. This regulation addresses issues of protection and resilience of properties to forest fires and does not cover actions in common areas of settlements or operational plans for emergency situations.

               The law does not refer to the interior of buildings but includes measures

 «a. for the surrounding area of the property and its constituent elements (uncovered surfaces, planting, landscaping, outdoor constructions, etc.)

 b. for the elements forming the building's shell (external walls, roofs, frames, etc.) to which additional measures are imposed to enhance their fire protection.»

               It concerns properties which:

«a. are located within forests, forest areas and grassland areas and specifically:      1. in forests or forest ecosystems or forest areas of pars. 1, 2 and 3 of article 3 of law 998/79, as applicable.

1. in grassland areas located on semi-mountainous, mountainous and uneven terrains of par. 1 of article 5 of presidential decree 32/2016, whether public or recognized as private.
2. in lowland grassland areas (non-mountainous or semi-mountainous and not situated on uneven terrains) of par. 3 of article 5 of presidential decree 32/2016.

b. are located wholly or partly within a radius of three hundred (300) meters from the boundaries of the areas in case a. above.

 c. are located within peri-urban green areas and declared reforestable or afforested areas, of par. 4 of article 3 of law 998/79, as applicable.

d. are located within a radius of three hundred (300) meters from the boundaries of the areas in case c. above.

 e. are located within parks and groves of cities and residential areas, of par. 4 of article 3 of law 998/79, as applicable.

Undeveloped properties, cultivated areas and pastures governed by the 9th Fire Brigade Order (Government Gazette 1923/B/2021) are excluded from the scope of this specific law.»

               The risk estimated for properties is determined according to their location and the specific characteristics of the surrounding environment. The regulation provides for four categories of risk for properties: low, medium, high, and very high risk. This categorization helps to understand the degree of risk faced by properties and allows for appropriate protective measures to be taken for each case.

               For the categorization of properties into risk categories, fourteen parameters are taken into account, grouped into six equivalent groups.

«a) the morphological characteristics of the property area, which include topography and orientation,

b) the climatic conditions of the property area, which examine the climate and the daily fire risk prediction index,

 c) the slope,

d) the vegetation and plant fuel of the area, which examine the vegetation zone, forest fuel and the dominant plant species,

e) the infrastructure and networks, which include access to the property, the existence of water intake points, the density of the built environment and the existence of electricity and gas networks,

 f) the frequency of incidents and inherent risks, which includes sensitivity to fire and the risk of the property based on presidential decree 575/1980 (Government Gazette A’ 157) "On the declaration of particularly sensitive to fires forest and forest areas as dangerous".»

Measures for properties covered by the Regulation

               Fire protection measures are divided into three categories: preventive, passive, and active. Preventive measures aim to enhance the degree of fire protection of properties and are based on two main axes: a) the construction of more fire-resistant buildings or the strengthening of the fire resistance of existing structures and b) the control and limited access to flammable materials within the property, in order to reduce the risk of fire spread. The combined use of these two strategies is considered the most effective and economical approach to addressing the risk of fire.

               Preventive fire protection measures for new buildings are divided into five subcategories which concern 1. Access to the property, 2. The creation of a safety zone for properties, which consists of three safety zones, 3. The storage of flammable materials or firewood, 4. Regular cleaning around the property, and 5. The evacuation preparation plan for the property in case of emergency. Subsequently, the second category of passive fire protection refers to the design principles of buildings and their structural fire protection. As for active protection measures, they are divided into three categories: 1. Water supply, 2. Water intake points, 3. Water sprinkler system. The fire protection measures for existing buildings are similar.

What property owners and competent technical scientists need to do

1. Procedure for submitting a risk assessment and technical report for property fire protection

               The competent technical scientist assesses the fire risk and completes an assessment form, then draws up a technical report describing the property and prevention measures. Subsequently, the owner submits an annual declaration of fire safety measures implementation. All of these are submitted electronically before the fire season. The goal is to create a fire prevention system, with an emphasis on various measures such as the description of the property, the placement of buildings, and the necessary actions for the implementation of preventive measures. This procedure helps create a framework that enhances the fire protection of properties, reinforcing their safety and reducing their influence on the spread of fires. The system allows for continuous monitoring and enforcement of preventive measures taken for the protection of properties against fires.

1. Checks for the enforcement of preventive fire safety measures on properties

               Inspections are carried out by a three-member committee, which examines the compliance of properties with safety specifications. In cases of high risk, a site inspection is carried out on a large sample of properties, while for properties of low and medium risk, a sample inspection is conducted. The three-member committee issues a report, which identifies any violations and imposes a deadline for compliance. In case of compliance, the inspection is considered complete, while otherwise, fines and penalties are imposed.

1. Penalties for property owners in case of violation of fire safety regulations.

               Administrative fines are foreseen, calculated based on the area of the property and its level of risk. Owners are obliged to submit relevant documents and implement fire protection measures, and a deadline is provided for their compliance. In case of non-compliance, fines are imposed and immediate implementation of the required measures is mandated. Additionally, penalties are foreseen for possible violations in the drafting of documents or the selection of fire protection measures. Finally, it is important that the proceeds from the fines are used to strengthen the municipality's fire protection.

               More analytically, the regulation states: «1. a. In case of non-submission of the property risk assessment form and the technical report of required measures and other elements by a technical scientist, a fine is imposed commensurate with the area of the property and its risk category. For properties of Low risk, a fine of 0.10 euros per sq.m. of property area is imposed. For properties of Medium risk, a fine of 0.20 euros per sq.m. of property area is imposed. For properties of High risk, a fine of 0.30 euros per sq.m. of property area is imposed. For properties of Particularly High risk, a fine of 0.50 euros per sq.m. of property area is imposed. The above fine cannot be less than 250 euros.

 b. Before the imposition of the fine, a recommendation is made to the property owner to submit the assessment form and the technical report of required fire protection measures within the first (1) month, and, within the following second (2) month, to implement the fire protection measures provided for in the technical report. After the expiration of the two-month compliance period and if it is found that the owner has fully complied, only the minimum administrative fine of 250 euros is imposed on him. If it is found that the assessment form and the technical report of the technical scientist have been drawn up, as well as the declaration of implementation of the foreseen measures, but the foreseen measures have not been implemented, fifty percent (50%) of the fine in case a. is imposed. If it is found that no compliance action has been taken with the requirements of the Regulation, the total of the aforementioned fine in case a. is imposed on the owner.

1. In the event that errors are found during the committee's inspection in the drafting of the property risk assessment form or in the selection of fire protection measures in the technical report, a recommendation is made to the owner for their correction within a period of two (2) months, and in case of non-compliance, a fine of 250 euros is imposed. The same fine is imposed in case of non-implementation of individual fire protection measures, if, after the committee's recommendation, compliance is not achieved within a two (2) month period. If, however, it is found that the fire protection measures provided for in the technical report have not been implemented, a fine of 500 euros is imposed for each set of measures (preventive, passive, active).
2. The non-submission of the annual owner's declaration for the implementation of the fire protection measures provided for in the technical report, in the event that all fire protection measures have been implemented, is considered an omission for which a fine of 100 euros is imposed on the owner.
3. Properties where violations are found during the committee's inspection are obligatorily re-inspected during the next fire season.»

               Owners of plots or land, on which buildings exist and fall into the categories, are required to prepare the Risk Assessment Form and Technical Report by April 26, 2024, after the extension granted. Following the submission of the Technical Report, by May 26, 2024, they must submit the Declaration of Implementation of fire safety measures, as well as take the necessary measures. With this declaration, owners confirm the implementation of correct measures, as provided in the report of the competent technical scientist, based on the provisions of the regulation for the protection of their property in case of fire. As the platform for submitting the forms is not yet operational, owners will be able to submit the forms to the local municipality.

               There are, however, many questions regarding the Regulation, as to the practical application of its provisions. Many owners find it difficult to find the competent technical experts, who are called upon to carry out these specific studies. In addition, there is very little time to complete the study process, submission, and especially for the implementation of the measures that the competent technical expert will impose. The cost of the entire process is also high, as are the fines that will be imposed in cases of non-compliance or violations. According to our information, soon a company from Kefalonia (firestudy.gr) will undertake such studies, initially in Attica and Kefalonia, and soon throughout Greece, making the whole process easier for citizens.  You can visit their website if your property falls under the Regulation. We hope that the fire protection measures will be effective, so that we do not have to witness scenes of destruction again, as happens every year in our country.

Links: 

• Fire Protection Regulation for Properties within or near Forest Areas 
• Clarifications of the Regulation
• Extension of studies and declarations