Regulation for Fire Protection of Properties within or near Forest Areas

What does the new law on fire protection mean and what do property owners within or near forest areas ultimately need to do?

               Fire protection is a matter of vital importance in Greece, especially in areas like Kefalonia, where the risk of wildfires is high due to the abundance of forests and climatic conditions. Authorities implement multiple fire protection measures, including the protection of properties within and near forest areas. These measures include the construction of firebreaks around buildings, vegetation clearance, appropriate maintenance of the surrounding area, as well as the enforcement of laws and regulations concerning fire prevention and management. Community awareness and participation are also crucial for effective protection against wildfires, as cooperation among all stakeholders is necessary to address this common risk.

               Fires have already started and pose a continuous threat to the environment, properties, and human life. The severity of the situation led the government to issue a new law, the 'Regulation for Fire Protection of Properties within and near Forest Areas', by the Ministries of Environment and Energy, Interior and Crisis Management, and Civil Protection Policy. This law aims to enhance efforts for fire prevention and management by imposing stricter regulatory standards for fire protection of properties within and near forest areas and imposing hefty fines on 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 measures and means of fire protection for properties located within or near forests and forested areas. This includes measures of fire prevention as well as certain requirements for protecting buildings and their surrounding areas from fire, with the goal of enhancing the level of property safety, reducing their vulnerability to fire, and minimizing their contribution to fire 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 communal 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 the elements constituting it (uncovered surfaces, planting, landscaping, outdoor constructions, etc.)

 b. for the elements composing the building envelope (external walls, roofs, openings, etc.) to which additional measures are imposed to enhance their fire protection."

               It concerns properties that:

"a. are located within forests, forest areas, and grassland areas, specifically: 1. in forests or forest ecosystems or forest areas referred to in paragraphs 1, 2, and 3 of Article 3 of Law 998/79, as applicable.

2. in grassland areas located on semi-mountainous, mountainous, and uneven terrains of paragraph 1 of Article 5 of Law 32/2016, whether public or recognized as private.
3. in plain grassland areas (non-mountainous or semi-mountainous and non-located on uneven terrains) of paragraph 3 of Article 5 of Law 32/2016.

b. are entirely or partially within a radius of three hundred (300) meters from the boundaries of the above-mentioned areas.

 c. are located within suburban green spaces and declared forested or reforested areas, as per paragraph 4 of Article 3 of Law 998/79, as applicable.

d. are within a radius of three hundred (300) meters from the boundaries of the above-mentioned areas.

 e. are within parks and wooded areas of cities and residential areas, as per paragraph 4 of Article 3 of Law 998/79, as applicable.

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

               The risk estimated for the properties is determined according to their location and the particular characteristics of the environment around them. The regulation provides for four risk categories for properties: low, medium, high, and particularly high risk. This categorization helps understand the level of risk faced by the properties and allows for the adoption of appropriate protection measures for each case.

               To classify properties into risk categories, fourteen parameters are taken into account, which are grouped into six equivalent groups:

"a) the morphological characteristics of the property's area, including topography and orientation,

b) the climatic conditions of the property's area, examining the climate and the daily fire risk index forecast,

 c) the slope,

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

e) the infrastructure and networks, including access to the property, the presence of water intake points, the density of the built environment, and the presence of electricity and gas networks,

 f) the frequency of events and inherent risks, including fire susceptibility and property danger according to Law 575/1980 "Declaration of Particularly Fire-Sensitive Areas of Forests and Forest Areas as Dangerous"."

Measures for properties covered by the Regulation

               The fire protection measures are divided into three categories: preventive, passive, and active. Preventive measures aim to enhance the level of protection of properties from fire and are based on two main axes: a) the construction of more fire-resistant buildings or the reinforcement of the resilience of existing constructions, and b) the control and limited access to flammable materials within the property 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. Creation of a safety zone for the properties, consisting of three safety zones, 3. Storage of flammable materials or firewood, 4. Regular cleaning around the property, and 5. Evacuation plan for the property in case of emergency. Subsequently, the second category of passive fire protection refers to the principles of building design and their structural fire protection. Regarding active protection measures, they are divided into three categories: 1. Water supply, 2. Hydrant locations, and 3. Water sprinkler system. Similar are the fire protection measures for existing buildings.

What should property owners and competent technical experts do?

1. Submission process for risk assessment and technical report for fire protection of properties:

               The responsible technical expert evaluates the fire risk and completes an assessment form, then prepares a technical report describing the property and preventive measures. Subsequently, the owner submits an annual declaration of fire safety measures. All these are submitted electronically before the fire season. The goal is to create a fire prevention system, emphasizing various measures such as property description, building placement, and required actions for implementing preventive measures. This process helps in establishing a framework that enhances property fire protection, improving their safety and reducing their influence on fire spread. The system allows continuous monitoring and enforcement of preventive measures taken to protect properties from fires.

2. Inspections for enforcing preventive fire safety measures in properties:

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

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

               Administrative fines are imposed, calculated based on the surface area of the property and its level of risk. Owners are required to submit relevant documents and implement fire protection measures, with a deadline provided for their compliance. In case of non-compliance, fines are imposed, and immediate implementation of the required measures is demanded. Additionally, penalties are imposed for possible violations in the drafting of documents or the selection of fire protection measures. Importantly, the revenues from fines are allocated to strengthen municipal fire protection.

               In more detail, the regulation states: "1. a. In case of non-submission of the risk assessment form and the technical report of required fire protection measures and other details by a technical expert, a fine proportional to the surface area of the property and its risk category is imposed. For properties of Low risk, a fine of 0.10 euros per square meter of property area is imposed. For properties of Medium risk, a fine of 0.20 euros per square meter of property area is imposed. For properties of High risk, a fine of 0.30 euros per square meter of property area is imposed. For properties of Particularly High risk, a fine of 0.50 euros per square meter of property area is imposed. The above fine cannot be less than 250 euros.

 b. Before imposing the fine, the owner of the property is advised to submit the risk 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 prescribed measures in the technical report. After the two-month compliance deadline, and if it is found that the owner has fully complied, only the minimum administrative fine of 250 euros is imposed on them. If it is found that the risk assessment form and the technical report of the technical expert have been prepared, as well as the declaration of implementation of the prescribed measures have been submitted, but the prescribed 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 regarding the requirements of the Regulation, the owner is liable for the entire aforementioned fine in case a.

2. In case errors are detected in the drafting of the risk assessment form of the property risk or in the selection of fire protection measures of the technical report during the committee inspection, the owner is recommended to correct them 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 individual fire protection measures are not implemented, provided that after the committee's recommendation, compliance is not achieved within a two-month period. However, if it is found that the prescribed fire protection measures in the technical report have not been implemented, a fine of 500 euros is imposed for each section of measures (preventive, passive, active).
3. Non-submission of the annual declaration by the property owner for the implementation of the prescribed fire protection measures, in case all measures have been implemented, is considered a negligence for which a fine of 100 euros is imposed on the owner.
4. Properties where violations are detected during the committee inspection are mandatorily re-inspected the following fire season."

               Owners of plots or fields containing buildings falling under the categories are required to prepare the Hazard Assessment and Technical Report Form by April 26, 2024, after the extension given. After submitting 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 expert, based on the regulations for the protection of their property in case of fire.

However, there are many questions regarding the Regulation, regarding the application of what it states in practice. Many owners struggle to find the competent technicians, who are called upon to carry out the specific studies. In addition, time is minimal for completing the study process, submitting, and especially implementing the measures that the competent technician will impose. The cost, furthermore, of the entire process is significant, 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 face the images of destruction again, as we do every year in our country.