A significant discussion has emerged regarding the issue of out-of-plan building construction in recent times. The discussion started following the decision (1 76/2023) of the Supreme Administrative Court (StE) to reject the building permit for a plot of land over 4 acres in Patmos, resulting in the freezing of construction permits on millions of plots. This happens because determining construction feasibility is nearly impossible, as laws constantly change and their requirements are not clear. The Ministry of Environment and Energy is futilely attempting to facilitate citizens' understanding with new provisions. However, until the institutionalization of Local and Special Urban Plans and the classification of the entire Road Network of the country is completed, uncertainty prevails regarding the issue that concerns hundreds of thousands of citizens daily.
The tension has arisen as the Ministry has not announced any official response regarding the construction of buildings larger than 4 acres after the decision of the StE, which essentially invalidates thousands of contracts and permits that were considered legal. The Ministry of Environment and Energy has made legislative adjustments, which were put up for consultation, but there has been no result. Therefore, with this data, property owners cannot be sure about the legality of their properties, while property transactions lag behind. The issue affects the citizens of Kefalonia as well since on our island, building permits, which already take a long time to be issued, are further delayed, and there is great doubt about the legality of out-of-plan property transactions.
The case in Patmos
The Council of State annulled the existing building permit for a 185 sq.m. residence on an 8-acre plot in Patmos. Until recently, the only requirement for out-of-plan construction was the minimum area of 4 acres. However, the Supreme Court ruled that besides the area requirement, plots must have a "face" of 25 meters on a recognized communal road with a width of at least 3.5 meters, as shown in aerial photographs from 1977, according to legislation existing since 1985. Thus, after this decision, the Municipalities froze construction permits on properties outside the plan, as there is no record of communal roads, creating uncertainty for thousands of citizens, while existing permits are also threatened.
The complex legal situation that arose after the Patmos case has led to uncertainty and search for solutions by the competent authorities. In an attempt to clarify the different interpretative frameworks and address the legal uncertainty, the Ministry of Environment and Energy introduced legislative amendments for consultation.
These provisions included exceptions and clarifications regarding the road width and the recognition dates of plots, aiming to ensure clarity and security in the implementation of the new legal provisions. These provisions try to rectify any ambiguities that arose from the Patmos case and clearly define the criteria for construction on large areas outside urban planning.
What applies today for property construction outside the plan
Construction of properties outside the plan is a complex issue concerning urban and environmental development. Legislation distinguishes properties based on their size, making construction management very complex. Properties are divided into two categories: those ranging from 2 to 4 acres and those above 4 acres, each with different terms and limitations regarding construction feasibility and land use. Each category requires a different approach and usually comes with different legal regulations to ensure sustainable development and environmental protection.
Properties ranging from two to four acres
According to legislative provisions, properties located outside urban planning and with an area from 2 to 4 acres are eligible for construction, provided they have already received a permit or pre-approval. Specifically, the application for a permit or pre-approval must have been submitted before the end of 2022, with the permit or pre-approval granted by March 31, 2024. This measure has created problems for those interested, as permits in many areas of Greece take longer to be issued, resulting in thousands of citizens missing the deadline. Indeed, the president of the Technical Chamber of Greece, in a letter to the Ministry of Environment and Energy, requests an extension of the deadline until December 31, 2024, to allow engineers to cope with the volume of permit and pre-approval requests.
Additionally, the legislative framework also imposes restrictions on the size of constructions on these properties. Specifically, the maximum allowable size of the building and the total floor area must not exceed 186 sq.m. for properties ranging from 2 to 4 acres.
Properties larger than four acres
The Patmos case highlighted a gap in the legal framework regarding the construction of properties outside urban planning on large areas. Until now, the requirement for construction on these properties was simply the area of 4 acres. However, with the development of this legal process, the concept of "face" and the requirements for the communal road have gained greater importance.
According to the current situation, properties exceeding 4 acres have the right to construction, provided they have a "face" of 25 meters on a communal road. This road must have been recognized before 1985 and have a width of at least 3.5 meters. After the decision of the StE regarding the property in Patmos, some uncertainty is observed, with some municipalities issuing permits while others do not, even for properties with similar characteristics, putting thousands of cases on hold.
The reforms of the Ministry of Environment and Energy
The reform measures proposed by the Ministry of Environment and Energy aim to facilitate the construction of properties larger than four acres outside urban planning zones. According to these new provisions, it is now possible to build residential properties on these plots under specific conditions.
Firstly, for construction to be allowed on these plots, two basic conditions must be met. Firstly, the area must have at least two legally constructed residences, and secondly, the new building must not exceed a distance of two kilometers from these existing residences.
Furthermore, the plan allows for the construction of homes on plots created before May 31, 1985, or from May 31, 1985, to December 31, 2003, with a face of at least 25 meters on a road recognizable in aerial photographs before July 27, 1977. Additionally, this road must have a width of at least 3.5 meters and be connected to an international, national, provincial, municipal, or community road, either at its opening or during its maintenance involving the Public Sector. Finally, the construction of homes on plots falling into both of the aforementioned categories will be allowed if there are at least two older residences built within 50 meters from the road axis in the area.
With the above provisions, the legislation seeks to establish clear rules for construction on properties outside urban planning zones, while simultaneously providing the necessary flexibility for property development and utilization according to modern needs and specifications.
However, these legislative regulations proposed by the Ministry of Environment and Energy did not progress, and thus, there was no result. Thousands of citizens affected by the issue are still uncertain about the construction of properties outside urban planning zones and are waiting for the issue to be clarified. In Kefalonia, the problem has taken on significant proportions as there are many areas outside urban planning zones. Planning authorities have not stopped issuing building permits and pre-approvals on the island. However, the process, which was already time-consuming, now faces even more delays, increasing waiting times and creating problems in real estate transactions.
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