Arbitrary: amendment with the long-awaited extension of deadlines under Law 4178

With the new amendment to the draft law “Synergies between Universities and Technical Educational Institutes, access to higher education, experimental schools, General State Archives, and other provisions,” regulates specific issues relating to the implementation of Law 4495/2017 on the control and protection of the built environment and, among other things, provides for the following:

a. The inspection required for the revision of the building permit shall henceforth be carried out by a building inspector and not by the Building Services.

b. The deadline for engineers to submit the necessary supporting documents for cases of unauthorized constructions and uses under Law 4178/2013 that are not transferred to Law 4495/2017 has been extended.

c. The deadlines for registering unauthorized constructions and uses in the information system are extended, and reductions and surcharges on the single special fine payable to the Green Fund are provided for as follows:
Extended until May 10, 2019, the final date for submission to the system of arbitrary (from 8-4-2019, which applies), for the reduction of the relevant penalty by 10%.
A 20% reduction in fines is provided for cases of unauthorized construction in traditional settlements and protected areas, as redefined, with a deadline for inclusion of November 8, 2019.

d. In the event of disagreement with the building inspector’s findings during the process of checking declarations of compliance with Law 4495/2017, the property owner is given the opportunity to request the competent office of the Technical Chamber of Greece (TEE) to appoint a mediator to examine the case and resolve the disagreement.
Disputes concerning the prohibition of inclusion of properties in the legislation on combating illegal construction (Law 4014/2011, Law 4178/2013, Law 4495/2017, etc.).
Authorization is granted to determine, by joint ministerial decision, specific issues relating to the application of the above procedure, as well as to determine the amount of compensation for mediators and building inspectors.

e. A new procedure is established for inclusion in Law 4495/2017 the inclusion in Law 4495/2017 of unauthorized buildings in traditional settlements, the protected areas and in preserved buildings.
Among other things, depending on the circumstances of arbitrary constructions and uses, an approval procedure is established by the competent Services of the Ministry of Culture and Sports or an opinion is issued by a body or Service thereof or by a seven-member committee set up for this purpose, following the initial electronic submission of the relevant declaration of inclusion to the system.

EXPLANATORY STATEMENT

Article ….
Amendment of provisions of Law 4495/2017 (A’ 167)

Paragraph 1 of the proposed provision removes the operation of the Central Architectural Councils (KESA) from the scope of the provision, as their operation is regulated in a previous paragraph of Article 26.

Paragraph 2 changes the competent body responsible for conducting the inspection for the review of the building permit after its expiry and for its extension. In particular, due to the non-application in practice of the inspection by the Building Services, it is provided that it shall be carried out by a building inspector.

In order to resolve issues of interpretation, paragraph 3 of the proposed provision rephrases the provision of paragraph 2 of Article 89, so that the reservation set out in Article 117 is placed at the end of the clause and also covers the regularization of the situation of persons who have been granted a residence permit on the basis of the provisions of Article 117. of paragraph 2 of Article 89 is reworded so that the reservation of the provisions of Article 117 is placed at the end of the clause and also covers the regularization of unauthorized constructions or uses of designated newer monuments in accordance with the provisions of paragraph 9 of Article 117.

Paragraph 4 of the proposed provision to facilitate professional bodies in the technical world grants an extension stipulating that, for cases falling under Law 4178/2013 that are not transferred to Law 4495/2017, the engineer is required, by November 3, 2019, to complete the electronic submission of the necessary supporting documents.

Paragraph 5(a) grants an extension in cases where a ten percent (10%) reduction in the fine is provided for, if the unauthorized construction or use is subject to the provisions of this law from November 1, 2018, to May 10, 2019.

Paragraph 5(b) stipulates that a reduction of the single special fine shall be granted in cases of applications under Articles 116 and 117, by twenty percent (20%) until November 8, 2019, in view of the amendment of the relevant application procedure.

Paragraph 5(c) stipulates that the single special fine shall be increased by ten percent (10%) if the unauthorized construction or use is subject to the provisions of this law from May 11, 2019, corresponding to the extension of the reduction of the fine until May 10, 2019.

Paragraph 6(a) gives the owner of the property, for which the declaration of compliance has been checked by a building inspector, the option, if they disagree with the latter’s findings, to request the competent office of the Technical Chamber of Greece (TEE) to appoint a mediator with the authority to examine the relevant case and attempt to resolve the dispute. In addition, the deadlines for lodging an administrative appeal against the building inspector’s findings are specified, as well as the cases that are not subject to the mediation procedure.

Paragraph 6(b) provides for matters to be determined by joint decision of the Ministers of Finance and Environment and Energy for the implementation of the sampling and mediation procedure.

With the case. a of par. 7 amends the title of Article 116, as they are subject to the provisions of the aforementioned article and the arbitrary constructions referred to in paragraph 17 are subject to the provisions of paragraph 12. constructions that are located in protected areas.

Paragraph 7(b) correctly refers to the paragraphs of Article 99, which had been incorrectly cited using numbers instead of letters.

Paragraph 7(c) clarifies that, following completion of the adaptation work described in Article 116(2) and verification of its execution by the committee referred to in Article 116(3), the latter shall allow the completion of the inclusion of unauthorized constructions in the provisions of the article.

Paragraph 7(d) stipulates that, until the Local Observatory is established, an architect from the Region shall be appointed as Chair of the committee referred to in Article 116(3), with a deputy.

Paragraph 7(e) adds to the supporting documents submitted in accordance with paragraph 4 of Article 116 an architectural drawing accompanied by the engineer’s technical report referred to in paragraph (a) of that paragraph.

Paragraph 7(f) defines the procedure for regularizing unauthorized constructions or uses of categories 1, 2, 3, and 4 of Article 96, as well as urban planning violations of paragraph 3 of Article 81, in archaeological sites, historic sites and in the vicinity of monuments protected by the provisions of Law 3028/2002, with the exception of zones A, subject to case ix of paragraph 2 of Article 89 hereof, i.e. except for unauthorized constructions or uses and urban planning violations that took place before the declaration of the archaeological zone, provided that construction was not prohibited, as well as in places that have a dual designation (such as traditional settlement and historical site).
Specifically, it is provided that a declaration of inclusion shall be submitted to the electronic system and, following this, upon request by the interested party, the competent body or service of the Ministry of Culture and Sports shall issue an opinion, by means of a relevant administrative act, on whether or not such inclusion causes direct or indirect damage to the cultural asset. After the above opinion has been issued, which shall be done within 60 days of the submission of the application by the interested party, or after the expiry of this deadline without action, the declaration of inclusion is referred for examination by a seven-member committee set up by joint ministerial decision of the Ministers of Environment and Energy and Culture and Sports.
In other words, the issuance of an opinion by the Ministry of Culture and Sports, which aims to protect the country’s cultural heritage, is now a prerequisite for regularization, but at the same time, a binding deadline is set within which the opinion must be issued in order to ensure the progress of the process.
It also defines the procedure for regularizing unauthorized constructions or uses of category 5 of Article 96 in archaeological sites, historic sites, and in the vicinity of monuments protected by the provisions of Law 3028/2002, excluding zones A, subject to the provisions of Article 89(2)(i), as well as unauthorized constructions or uses of category 1, 2, 3, 4, and 5 of Article 96 and urban planning violations of paragraph 3 of Article 81 in the vicinity of World Heritage Monuments, excluding zones A, subject to the provisions of Article 89(2)(i), excluding zones A, subject to the provisions of Article 89(2)(i). Specifically, it is provided that a declaration of inclusion shall be submitted to the electronic system and, following this, upon request by the interested party, the declaration is examined and a decision is issued by the Ministry of Culture and Sports, following a reasoned opinion by the competent Council.

With the case. z of paragraph.7 paragraph of Article 116 is repealed. 10 of Article 116, due to the replacement of the specified in this with the para.9 of this article.

Paragraph 8(a) of the proposed provision stipulates that, instead of the consent for the regularization of unauthorized constructions or uses of all categories of Article 96 of Law 4495/2017 in newer monuments or buildings within areas of special cultural value, a decision of approval by the Ministry of Culture and Sports is required. It is also clarified that the provision applies to buildings located within World Heritage Sites, such as the Medieval City of Rhodes, the historic center (Chora) of Patmos and the Old Town of Corfu, as well as within the declared archaeological site of Delphi and the wider Delphic Landscape outside its Zone A protection area.

Case b of paragraph 8 defines the procedure for regularizing unauthorized constructions or uses on buildings designated as preservable by the Minister of Environment and Energy or another competent Minister. 8 defines the procedure for regularizing unauthorized constructions or uses on buildings designated as preservable by the Minister of Environment and Energy or another competent Minister, as well as newer monuments by the Ministry of Culture and Sports.