Discounts and concessions for unauthorized builders in the new bill

The new draft law on the regularization of unauthorized buildings, which has been submitted to the Central Legislative Committee (KENE) for review, provides for a discount of up to 20% on the special fine for those who comply with the new regulations by December 8, 2017. (KENE).

Those who decide to legalize unauthorized buildings between December 9, 2017, and June 8, 2018, or who have submitted a structural adequacy study, will be exempt from 10% of the fine. The reductions in fines, based on the provisions of the bill, may be even greater, under certain conditions.

Specifically:

– if a static study is carried out in areas with seismic risk 3, the discount will be 60%,
– in areas with seismic risk 2, 50%
– in areas with seismic risk 1, 30%

A reduction of 30% to 50% (depending on square footage) will apply to buildings that have completed energy upgrades.

The fine can be paid in 80 monthly installments. In case of late payment of the monthly installment, the outstanding amount will be increased by 1% for each month of delay.

In the event of a lump sum payment up to the last working day, the last working day of the following month of the date of submission will be provided a discount of 20% on the fine.

In the event of payment of 30% of the total amount of the fine, by the last working day of the month following the date of registration, a 10% discount on the fine will be granted.

Prohibition on leases of unauthorized

Following dozens of comments submitted by citizens and organizations during the initial consultation on the bill last September regarding the extension of the requirement to attach an engineer’s certificate to inheritances, the relevant provision was removed from the final text. from the final text.

More generally, according to the new provisions (Article 82), the transfer or establishment of a real right in immovable property on which an unauthorized construction has been carried out or an unauthorized change of use has been installed is prohibited and absolutely void.

Henceforth, it will be prohibited to draw up lease or concession agreements relating to properties on which unauthorized construction has been carried out or unauthorized changes of use have been installed. Properties on which unauthorized construction has been carried out or unauthorized changes of use have been installed will be exempt if:

a) existed prior to November 30, 1955, the effective date of the Royal Decree of August 9, 1955, or

b) have been exempted from demolition; or

c) demolition has been suspended, but the application for exemption from demolition has not been rejected by a decision of the competent authority in each case; or

f) the retention procedure has been completed, in accordance with the provisions of Law 3775/2009 (A’ 122) or Law 3843/2010 (A’ 62) and for the period provided for therein, the retention procedure has been completed under the conditions of the new law

g) the procedure for payment of the single special fine has been completed or 30% of the single special fine has been paid, if specified by the new provisions or previous laws on unauthorized construction (the unconstitutional 4014/2011 and 4178/ 2013)

An engineer’s certificate will be required for every legal transaction during one’s lifetime, including gifts upon death, drawn up after the publication of the new law and concerning the transfer or establishment of a real right in immovable property, including undeveloped land.

The deadline for submitting declarations of compliance for unauthorized structures has been set for June 8, 2019. As in previous laws, unauthorized structures and uses that were completed before July 28, 2011, will be eligible for compliance.