Arbitrary model for the ratification of forest maps – What citizens will pay

A mandatory certificate confirming the nature of the area covered by the forest map is provided for in a regulation issued by the Ministry of the Environment, which aims to implement the forest maps and raise funds to help finance the project.

The forest map certificate, which “copies” the corresponding supporting documents for unauthorized buildings (note: a certificate is issued for each property transfer as proof that a property has no urban planning violations), will be issued by the relevant land registry office and, where there is no land registry, by the Forestry Directorate of the Decentralized Administration of each region.

This certificate will be issued for every transfer or other change in property rights in order to certify that there are no public rights on the area covered by the map. Otherwise, the transactions will be deemed invalid and void. The amount of the fee to be charged on transactions between real estate owners and the state will be determined by a joint ministerial decision of the Ministers of Finance and the Environment.

This is one of the provisions of the upcoming amendment to Law 3889/2010 by Tina Birbili, which is being pursued by the ministry and the deputy minister responsible, Mr. Yannis Tsironis, to speed up the ratification of forest maps that have stalled and are under strong pressure to be “rushed through.” To date, only 0.56% of the forest maps of the Greek territory have been ratified, while 1.12% have been posted. In total, 22.57% of forest maps have been drawn up and 32.18% are currently being drawn up.

The aim is for the country to acquire a land registry and to demarcate forests and forest areas, which will pave the way for investment in many areas, while also clarifying public property. Recently, the government has been using forest maps as a “tool” to secure assets within forests and forest areas. These are areas where unauthorized settlements have sprung up and are now seeking a solution to the problem with the help of the state.

Hand in the EKXA cash register and hiring in the background

The new legislative regulation, which is expected to be presented in the coming days by the Ministry of Environment, will be supplemented by two other sources of revenue. These include fees paid by citizens to lodge objections during the forest map posting stage, as well as the provision that the costs of preparing, posting, and ratifying forest maps can also be covered by cadastral fees. This is the so-called 35-cent fee, which is a fixed cadastral fee for each right declared in the land registry and which has not been collected from previous programs. The 35-euro fee is accompanied by the collection of one per thousand (o/oo), which concerns the remaining reciprocal cadastral fee paid after the stage of corrections and objections.

According to the plan, the special objection fee is paid into the “Green Fund” under a special code called “Forest Map Fund.” It is deposited with the EKXA or the relevant forestry department and may be scaled according to the area covered by the objection, but may also be reduced on the basis of specific coefficients depending on the manner in which the objections are submitted. If this resource is insufficient, it is envisaged that the resources of the Special Forestry Agency will also be utilized.

The provision for the use of cadastral fees is clearly opposed by the National Cadastre and Mapping Agency (EKXA), as it significantly reduces its funds. However, this is not the only point of contention for the company, which is supervised by the Ministry of Environment but has been left to its own devices. The second is the legislator’s provision to bring the Forest Directorates of the Decentralized Administrations back into the game of ratifying forest maps, removing the relevant competence from EKXA. The Ministry of Environment and Energy seeks to address the understaffing of these services, which in the past were deemed ineffective in “running” the forest maps, with new hires that it calls seasonal and which will assist in the work of preparing, posting, reviewing, and ratifying forest maps. The hires will be made as an exception to the current rules by a joint ministerial decision of the ministers of finance and the environment.

Responsibility for ratifying forest maps

The Ministry of Environment’s proposal for the ratification of forest maps provides for the signing of a programmatic agreement between EKXA and the General Directorate for Forest Development and Protection and the Agricultural Environment, which will set out the terms of participation of the competent forestry services at each stage of the preparation, posting, and ratification of forest maps. However, Article 18(4) of the draft law clarifies that, once approved, the forest map shall be ratified in respect of the sections that did not raise objections with a green border by decision of the Decentralized Administration Coordinator issued within 10 days. It is provided that, upon expiry of the deadline for submitting objections, their processing shall commence and the areas for which no objections were submitted shall be recorded on the forest map within 20 days. The map with these areas is also approved by the relevant Forestry Directorate within 20 days.

The committees for objections (E.P.E.A.) are three-membered and are composed of foresters-agronomists, having the ability to conduct on-site inspections, to request additional information from the EKXA and the Directorates of Forests as well as and invite to their meetings the interested parties. For the resolution of complex technical issues they can with the consent of the Minister to forward their questions to the Legal Council of the State.

How settlements are demarcated

The proposal of the Ministry of Environment stipulates that when preparing forest maps, EKXA or the Forestry Directorates shall send the digital cartographic backgrounds (orthophoto maps) used for the project to the competent services (Regional Environment and Spatial Planning Directorates, Ministry of Topographical and Urban Planning Directorates, etc.) so that they can check, correct, and approve the boundaries of the settlements located within them. The same services must, within 30 days, have approved the orthophoto maps and documented with accurate data the information used to draw up and approve the map. If, as stated, this deadline passes without action, the mapping of the map is considered valid based on the data collected by the person preparing it.

There is no obligation to submit the above information (orthophoto maps) when the demarcation or urban planning of areas is the subject of a contract for the study of forest maps assigned to private individuals. The draft law provides that areas that lost their forest character before June 11, 1975 (date of adoption of the Constitution) and are covered by the presumption of legality by administrative decisions are not classified as forests or forest areas. In addition, properties outside the plan that had a legal building permit before June 11, 1975, which has not been revoked or canceled, are not classified as forests or forest areas and are not declared reforestable.