Regularization of Unauthorized Buildings Law 4495/17

At City Engineering, we undertake effectively and responsibly the regularization of unauthorized constructions or unauthorized uses in accordance with the law N.4495/2017.

The new law on the regularization of unauthorized buildings (Law 4495/2017) differs significantly from previous laws in terms of the supporting documents required and the amount of the fine to be paid. With its long-standing involvement in cases of unauthorized building installations, City Engineering is able to take on any case of regularization of unauthorized constructions with responsibility and seriousness.

This law on the regularization of unauthorized buildings applies exclusively to unauthorized buildings constructed before July 28, 2011. For unauthorized constructions after July 28, 2011, the procedure is different, but it is still carried out by us through the Building Authority (urban planning) with a building permit for legalization.

Categories Settlement Law 4495/17

According to the provision of Article 96 of Law 4495/2017, the unauthorized buildings are classified into one of the following five categories:

Category of Regularization of Arbitrary Buildings 1

Unauthorized structures used exclusively as residences, which were completed before June 9, 1975, are subject to the provisions of this law and are permanently exempt from demolition upon payment of a fee of €250 and without payment of a single tax. 1975, are subject to the provisions of this law and are permanently exempt from demolition upon payment of a fee of €250 and without payment of a single special fine. In cases where horizontal or vertical ownership has been established, compliance with the provisions of this article is mandatory for each property.

Category Regularization Arbitrary 2

Unauthorized structures existing prior to January 1, 1983. Unauthorized structures completed before 1983 are subject to the provisions of this law and are permanently exempt from demolition upon payment of the fee and the single special fine in accordance with the provisions hereof. The conditions of this category are not met if there are other unauthorized structures or changes of use on the property or independent ownership that were made or installed after 1983.

Category Regularization Arbitrary 3

Arbitrary minor violations. They are subject to the provisions of the present law and are exempted definitively from demolition, with the payment of a fee in the amount of 250 euros and without the payment of a special fine, the following violations, regardless of the number thereof:

• Insulation facing
• Modification of balconies to a percentage <1/5 of the surface area
• Change the dimensions of doors – windows
• Construction of pergola up to 50.00 sq.m.
• Planting of mandatory outdoor parking space
• Ground formation up to 1.00 m high.
• Exceeding the height of the perimeter wall by up to 1.00 m.
• Change of property location
• Changes to the external dimensions of the outline of the building or the independent property by up to 5%
• Violations of the Building Regulations
• Temporary structures made of canvas, nylon, or other inexpensive materials
• Temporary wooden structures for auxiliary use up to 8.00 m² and a maximum height of 2.5 meters in the uncovered area

Category Regularization Arbitrary 4

Unauthorized constructions or unauthorized changes of use, provided that they do not exceed 40% the urban planning coverage and building sizes and by more than 20% the urban planning height specified in the building permit, the imposition of penalties is suspended for 30 years after inclusion, payment of the relevant fee and payment of the single special fine.

These percentages take into account all unauthorized buildings on the property, as well as any unauthorized constructions or unauthorized changes of use that have been subject to Laws 3775/2009 (A’ 122), 3843/2010 (A’ 62) and 4014/2011 (A’ 62).

The above unauthorized structures are permanently exempt from demolition after the building identity has been completed in accordance with the provisions of Law 3843/2010 (A’ 62).

In this case, unauthorized structures located within the front yard are not included and are not definitively exempt from demolition.

Category of Regularization of Arbitrary Buildings 5

Unauthorized constructions and unauthorized changes of use that are not included in categories 1 to 4 above.

For unauthorized constructions or unauthorized changes of use in this category, the imposition of penalties is suspended for thirty (30) years, after compliance with the provisions of this law, payment of the relevant fee, and payment of the single special fine, and the transfer and establishment of a real right on them is permitted, after compliance with the provisions of this law, payment of the relevant fee, and payment of the single special fine.

These structures may be permanently exempted from demolition by matching their excess with the SD Title, through the Building Rights and Common Areas Bank, provided that they are located within PAES in accordance with the provisions of Article 73.