New Law on Arbitrary Acts

DRAFT LAW “Tackling Illegal Construction and Environmental Balance”

CHAPTER A Addressing Unauthorized Construction

Article 1

Prohibition of real estate transactions involving properties with unauthorized constructions or unauthorized changes of use

1. From the publication of this law, the transfer or establishment of a real right in real estate on which an unauthorized construction has been carried out or an unauthorized change of use has been installed is prohibited and absolutely void, as specifically defined in Articles 5(2) and 22(3) of Law 1577/1985 (A’ 210). The above prohibition also applies to the contribution of real estate to a company.

2. The provisions of the previous paragraph do not apply to properties on which unauthorized constructions have been carried out or unauthorized uses have been installed:

a) existing prior to November 30, 1955, the effective date of the Royal Decree of August 9, 1955, or b) exempted from demolition in accordance with the provisions of paragraph 1 of Article 3 of Law 720/1977 (A’ 297) or c) that have been exempted from demolition, in accordance with the provisions of

paragraph 5 of Article 16 of Law 1337/1983 (A’ 33) or paragraphs 8 and 10 of Article 9 of Law 1512/1985 (A’4) or d) whose demolition has been suspended in accordance with the provisions of Articles 15, 16, 20, and 21 of Law 1337/1983 (A’ 33), as applicable, without, however, the application for exemption from demolition having been rejected by decision of the competent body in each case, or e) for which the preservation 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 of time provided for therein, or f) the procedure for payment of the single special fine has been completed or 30% of the total amount of the fine or the relevant fee has been paid, if specified in accordance with the provisions of this law and the provisions of Law 4014/2011 (A’ 209).

Article 2

Prohibition of inclusion.

The transfer of independent divided ownership or the establishment of a real right in immovable property on which an unauthorized construction has been carried out or has been demolished, or on which an unauthorized construction has been carried out and has been demolished, does not fall under the exceptions of case (f) of paragraph 2 of Article 1. 2 of Article 1, the transfer of independent divided ownership or the establishment of a real right in immovable property on which an unauthorized construction has been carried out or an unauthorized change of use other than those referred to in paragraph 2 of Article 1 has been installed, provided that :

1. The unauthorized construction or unauthorized change of use is located:

a) in an approved public area of the city. Exceptions are cases where compulsory expropriation has not taken place. In cases falling under this law, the validity and procedure of expropriation are not affected.

b) in areas of the plot of land granted for public use pursuant to paragraph 58 of Article 2 of Law 4067/12 (A’ 79),

c) within a sidewalk arcade, which existed at the time of their construction or installation, d) adjacent to the boundary of international, national, provincial, municipal, or community

roads within a zone measuring 50% of those specified by the legislation on measures for the safety of interurban transport, which were in force at the time of their construction or installation. Excluded are unauthorized constructions and unauthorized changes of use in buildings for which a building permit has been legally granted, at a shorter distance than that specified herein, as well as independent structures included in paragraph 7 of Article 17 of Law 4067/2012 (A’ 79).

e) on public land, f) in a forest, in a forested or reforested area

g) on the foreshore. Exceptions are made for cases of unauthorized constructions or uses within the old foreshore, provided that they predate the relevant demarcation of the old foreshore. In cases falling under this law, the validity and procedure of expropriation are not affected.

h) in the beach zone. Exceptions are cases where expropriation has not taken place and the unauthorized constructions or uses predate the relevant demarcation of the zone. In the event of inclusion in this law, the validity and procedure of expropriation are not affected.

i) in an archaeological site in Zone A.

(j) in an archaeological site outside Zone A, unless construction work was prohibited at the time of the unauthorized construction or installation of the unauthorized use

(k) in a historic site, historic preserved settlement, and area of outstanding natural beauty, unless construction work was prohibited at the time of the unauthorized construction or installation of the unauthorized use (l) in a traditional settlement, subject to the provisions of Article 12

of this document (i) in a stream, critical coastal zone, within the meaning of Articles 2

cases 10 and 20, paragraph 8a of Law 3937/2011 (A’ 60), or a protected area under Article 19 of Law 1650/1986 (A’ 160), as applicable after its replacement by Article 5 of Law 3937/2011 (A’ 60), if the execution of any construction work was prohibited at the time of the execution of the unauthorized construction or the use at the time of the installation of the unauthorized use, id) in a declared listed building, subject to the provisions of

Article 13 hereof or in a building that is an ancient monument or a declared newer monument pursuant to the provisions of Law 3028/2000 (A’ 153),

(j) in a building that is in danger of collapsing.

(i) outside the town plan or outside the boundaries of a settlement, provided that the maximum height of the unauthorized construction or space where the unauthorized change of use has been installed does not exceed the height of the ridge line.

outside the city plan or outside settlement boundaries, within a distance of 20

meters from the axis of high-voltage power lines carrying more than 150 kW

2. An irrevocable court order for demolition or removal has been issued for the unauthorized construction or unauthorized change of use.

Article 3

Legal acts

1. a. In any legal transaction during one’s lifetime that is drawn up after the publication of this law and has as its object the transfer or establishment of a real right in immovable property, including immovable property without buildings,

A sworn statement from the owner and an engineer’s certificate are attached.

The above solemn declaration by the owner and the engineer’s certificate declare and certify, respectively, that:

i) there is no building on the property, or

ii) in the distinct independent horizontal or vertical property, not including the common areas or common use areas of the real estate, no unauthorized constructions have been carried out in excess of

construction, coverage, and height of the property, and no unauthorized uses have been installed, or

iii) that the unauthorized constructions or unauthorized uses fall under one of the exceptions of paragraph 2 of Article 1 and are not subject to any of the other cases of Article 2 hereof.

b. The engineer’s certificate for the unauthorized constructions referred to in case (f) of paragraph 2 of Article 1 hereof, for which the procedure for payment of the single special fine under Law 4014/11 (A’ 209) or this law, contains a clear reference to the payment.

30% of the single special fine, which is specifically mentioned in each legal act.

c. The engineer’s certificate is accompanied by a topographical diagram, in accordance with the applicable specifications and the provisions of Law 651/77 (A’ 207), dependent on the state coordinate system, accompanied by the dependency methodology, the solution file, and the coordinates of the trigonometric points of the state coordinate system used for the dependency.

Exceptionally, the above topographical diagram is not required in the following cases:

i) For properties within an approved street plan or within the boundaries of a settlement a9> for those which until the publication of this has been drawn up notarial deed of incorporation horizontal / vertical properties or has been issued a building permit.

ii) For properties outside the city plan that are incomplete and not buildable, provided that the certificate is attached to a gratuitous legal act.

d. The above certificates issued by engineers are valid for two (2) months. Before the contracts are drawn up, they are submitted electronically to the authority responsible for the information system and are assigned a unique number relating to the property. The certificate and the unique number of the property are attached to the contracts.

e. Once the information system has been activated to receive the topographical diagrams referred to in the previous paragraph, these shall also be submitted electronically to the competent authority for the information system prior to the drafting of the contracts and shall be attached to the contracts. In order to activate the above capability, a confirmatory decision shall be issued by the competent body of the competent authority.

f. In the event of suspension of the information system services, the certificates of the engineers provided for in paragraph 1 of this article shall be issued and signed by the competent engineer without a unique number and by way of derogation from any other relevant provision, and shall be attached to the contracts. The relevant certificate shall be marked and initialed with the words “Issued by the Engineer due to the suspension of the information system services.” The details of the certificate shall be entered into the information system within two (2) months of its issue. This specific note shall be mentioned in the notarial deed. The suspension of the operation of the information system shall in any case be proven by the relevant announcement of the competent body, which must be posted electronically on the websites of the Ministry of Environment, Energy and Climate Change or the competent authority, under the responsibility of the competent services.

2. In notarial deeds drawn up after the entry into force of this law and concerning the establishment or modification of independent properties in accordance with the provisions of Law 3741/1929 (A’ 4) and Legislative Decree 1024/1971 (A’ 232), shall be attached, on pain of nullity, certified

7 copies of the building permit or construction permit plans

building.

3. In the notarial deeds of any legal act of transfer of real estate, in which there are constructions or uses referred to in Article 8 hereof, provided that these are not depicted in the plans of the building permit or the building license, special mention shall be made of the legality of these constructions or uses, and certified copies of the plans depicting them shall be attached, under penalty of nullity.

4. By way of exception, after full payment of the single special fine or 30% thereof, it is permitted, for the same period of time provided for in this law, the transfer or establishment of a real right in the property on which the unauthorized construction has been carried out or unauthorized use has been established, and the obligation to complete the procedure shall be assumed by the new owner, under penalty of nullity, with specific reference in the relevant notarial deed.

5. By joint decision of the Ministers of Environment, Energy and Climate Change and Justice, Transparency and Human Rights, the specific content of the declaration and certification referred to in paragraph 1 of this article may be determined, and it may be provided that the above solemn declaration and engineer’s certification shall be replaced by the Certificate issued upon completion of the “Electronic Building Identity” in accordance with the provisions of Article 3 of Law 3843/2010 (A’ 62), after it has come into force, and may regulate any relevant details.

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Article 4

Topographic Diagram

1. Where, until the publication of this document, the preparation of a topographical diagram is required, hereinafter referred to as the topographical diagram, as defined in clause c of paragraph 1 of Article 3.

2. An acceptable deviation from the plot/field area is defined field area from that indicated in the topographical diagram drawn up prior to the publication of this document and on the basis of which a building permit was issued or a notarial deed was drawn up in relation to the new measurement in the topographical diagram accompanying the certificate referred to in Article 3, as follows:

a. For plots/land within an approved street plan or within settlement boundaries, the acceptable deviation is set at ±5%.

b. For plots/land outside the plan, the acceptable deviation is set at ±10%.

3. Area measurements of plots/land included in administrative acts and legal acts in general, which are within the deviation of the previous paragraph, are considered acceptable and do not require the revision of the building permit or the correction/amendment of the title deeds.

4. By joint decision of the Ministers of the Environment, Energy and

Climate Change and Justice may amend the above

deviation.

Article 5

Provisions of Law 1024/1971 (A’ 232)

1. The provisions of Article 1 and paragraph 1 of Legislative Decree 1024/1971 (A’ 232) shall also apply to land located outside city plans and outside the boundaries of settlements existing prior to 1923 or settlements with fewer than 2,000 inhabitants, on which buildings were erected by 28 July 2011.

The construction of the buildings up to July 28, 2011, is evidenced by aerial photographs taken up to that date and certified by the engineer in accordance with the provisions hereof.

2. In the case of the above paragraph, where there are multiple co-owners of the land, one of the co-owners may request the application of the provisions of this law for the unauthorized buildings he has erected, provided that, together with the other supporting documents, he submits a notarized preliminary agreement for the establishment of divided ownership and distribution, which states that the unauthorized buildings he has erected will become his property.

An aerial photograph taken prior to July 28 is attached to this preliminary agreement.

2011 and the topographical diagram, which shows the structures and their outlines.

The final establishment of divided properties and distribution shall be drawn up after the full payment of the single special fine or the payment of 30% of the total amount of the single special fine, in the case of unauthorized constructions, in accordance with the provisions hereof.

3. Co-owners of at least 65% of the land on which independent buildings have been erected, subject to paragraph 1 of this article, may file a lawsuit to request the establishment of divided ownership.

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properties within the meaning of Article 1(1) of Legislative Decree 1024/1971

(A’ 232). To this end, they submit the following for the drafting of the relevant act:

a) a topographical diagram of the land showing the outline of the existing buildings, b) a plan of the division of the properties and regulations governing the relationship between them

co-owners with a description of the properties to be created, c) a plan for the distribution of the divided properties, which shall provide for the allocation to each of the co-owners, including the remaining divided property, d) a floor plan of the existing buildings,

e) a table showing the undivided shares of the common land in the separate properties to be created, with an indication of the proportion of the common expenses to be borne by each separate property, f) a report on the value of each property that will be transferred to the co-owners, both in total and for each co-owner separately, and g) a certificate of ownership and encumbrances of the property.

The lawsuit is filed before the Single-Member Court of First Instance of the location of the stadium, and the provisions of Law 1562/1985 (A’ 150) apply accordingly.

Article 6

Penalties

1. Notaries who draft contracts, legal practitioners, mediating brokers, lawyers who are present during the drafting of contracts, registrars, or heads of land registries.

offices that transcribe them, provided that the declaration and certification referred to in paragraph 1 of Article 3 have not been attached, as well as engineers who have issued inaccurate certifications, shall be punished with imprisonment of at least six months and a fine of between €30,000 and €100,000, depending on the value of the unauthorized construction.

2. The engineers referred to in the previous paragraph, regardless of their criminal prosecution, shall also be subject to a temporary or permanent ban from practicing their profession by the competent disciplinary bodies of the body of which they are members, depending on the severity of the violation. The procedure for imposing the administrative penalty and any relevant details shall be regulated by joint decision of the Ministers of Environment, Energy and Climate Change and Infrastructure, Transport and Networks.

3. Specifically, in cases falling under this law or involving the transfer of independent new unauthorized buildings constructed after July 28, 2011, without a permit having been issued, following the publication of this law, the engineer responsible for the inclusion or issuance of the certificate shall be punished with the permanent revocation of their professional license following a decision by the President of the Technical Chamber of Greece E.E. and with removal from any Register of Engineers following a decision by the Special Secretary of Environmental Inspectors of the Ministry of Environment, Energy and Climate Change.

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Article 7

Proof of Construction Date for Unauthorized Structures.

1. Arbitrary constructions or uses for which the arbitrary construction or arbitrary change of use has been completed are subject to this law.

in accordance with the specific provisions herein, before July 28, 2011.

2. Aerial photographs dated 28 July 2011 shall be entered into the information system, under the supervision of the Ministry of Environment, Energy and Climate Change, within an exclusive period of six (6) months from the publication of this decision for the entire territory. The relevant aerial photographs prove the time of the unauthorized construction. By decision of the Minister of Environment, Energy, and Climate Change, the start of the application of the above aerial photographs in the information system is confirmed.

In addition to aerial photography to prove the date of construction, the date of change of use is proven by a document from the tax or other public authority referring to the property and its use as described at the time of registration.

The supporting document is submitted to the information system and referred to in the Engineer’s technical report. If no document is submitted by the tax or other public authority, the date of change of use is taken to be 01.01.2004.

3. Since the implementation of the information system and the introduction of the relevant aerial photographs, the certificate referred to in paragraph 1 of Article 3 must be accompanied by an extract from the aerial photograph issued by the information system.

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Article 8

Regulation on suspension and exemption from demolition

From the date of entry into force of this law, the collection and imposition of any penalty shall be suspended for the period provided for in this law, or a definitive exemption from demolition shall be granted, depending on the category of the unauthorized construction, after payment of the single special fine, the amount and method of payment of which is specified in this law. The suspension or exemption from demolition, in accordance with the provisions of this law, applies to buildings whose load-bearing structure has been completed and for uses that have been established, until July 28, 2011, in excess of either the provisions of Law 1577/1985 (A’210), or the building permit, or the building conditions or restrictions of the property, or without a building permit, and provided that their use is not prohibited by the urban planning provisions for land uses applicable in the area of the property pursuant to paragraph 1 of Article 51 of Law 4030/2011 (A’249) or was not prohibited at the time of issuance of the building permit or at the time of construction or installation of the unauthorized use. It is considered that the use was not prohibited at the time of issuance of the building permit if, under the provisions in force, a permit was legally granted in derogation from the land use of the area.

Any change in land use does not affect the validity of the classification, in accordance with the previous paragraphs.

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Article 9

Categories of unauthorized constructions and uses.

A. Category 1.

Unauthorized structures existing prior to 1975.

The provisions of this law apply to, and arbitrarily constructed buildings that were completed in accordance with the provisions of the building regulations in force at the time of their construction are definitively exempt from demolition.

09.06.1975 upon payment of a fee of €500 and without payment of a single special fine. For eligibility, only the supporting documents listed in paragraphs 1-5, 7, and 11 of Article 11 are required; no other information or plans are required.

B. Category 2.

Unauthorized structures existing prior to 1983.

They are subject to the provisions of this law and are exempted definitively from demolition unauthorized constructions which were completed before the year

1983 with the payment of the fee and the single special fine in accordance with the provisions of the present law submission only the supporting documents of the per per. 1-5, 7 and 11 of Article 11 of this and no required other information and plans. Not fulfilled the conditions of the present category in the case where in the property or in the separate ownership there are and other unauthorized constructions or changes uses which were carried out or installed after the year of

1983.

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C. Category 3.

Minor violations.

The following violations, regardless of their number, are subject to the provisions of this law and are permanently exempt from demolition, upon payment of a fee of €500 and without the payment of a special fine:

a. Placement of structural elements in uncovered spaces such as ovens, decorative faucets and other decorative elements.

b. Reduction of the mandatory planting percentage of the uncovered area of the plot to 5%. c. Addition of external insulation to the facades.

d. Change in the dimensions of the balconies that causes exceeding the surface area by up to 10%

e. Change up to 10% of the dimensions of the openings and shift them up to 2 m.

f. Construction of a pergola. Pursuant to paragraph 60 of Article 2 of Law 4067/2012 (A’ 79).

g. Planting of mandatory outdoor parking spaces h. Waterproof or absorbent drainage tanks

i. Pumping facilities and buildings with maximum dimensions of 2.5 x 2.5 and a height of up to 2.50 m.

i. Ground formation works up to a height of 1.00 m. ia. Exceeding the height of the surrounding wall by up to 1.00 m.

(l) Exceeding the legal height of a chimney by up to 1.50 m.

(13) Storage room with a maximum area of 15 m² and a height of up to 2.50 m.

id. Exceeding the height of commercial, industrial, craft, and agricultural warehouses by up to 20% of the height specified in the relevant building permit.

i. Change of location, as provided for in the building permit, of a building to another location, provided that this does not violate urban planning provisions, or change of location, of the planned building with a building permit to another location due to construction with incorrect reversal of the floor plan to a legal location and provided that the final ground level is not altered. By way of exception to the provisions of paragraph 9 of Article 6 of Law 4030/2011 (A’ 249) to update the building permit file with the studies of the existing building in order to issue the building identity in accordance with the provisions of Law 3843/2010 (A’ 62).

Changes to the external dimensions of the building envelope or independent property of up to 5%, provided that the surface area does not change by more than 2%.

(i) Violations of the Building Regulations (Ministerial Decision 3046/304/30-1/3-2-1989, Government Gazette 59 D’)

ιη. Temporary, mobile structures made of canvas or nylon used for the temporary storage of materials and commercial products in industrial and craft buildings with a legal permit.

To be eligible, an application and a sworn statement by the owner must be submitted, as well as an engineer’s technical report, as provided for in the provisions hereof.

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D. Category 4

a. They are subject to the provisions of this law and the imposition of penalties under the provisions of this law is suspended for 30 years after inclusion, the payment of the relevant fee and the payment of the single special fine, without prejudice to the application of the provisions of paragraph 2 of Article 8, the following unauthorized constructions or unauthorized changes of use:

aa). Unauthorized constructions or unauthorized changes of use, provided that they do not exceed 40% of the urban planning coverage and building dimensions and 20% of the urban planning height specified in the building permit. The above unauthorized constructions are exempt from demolition once the building identity has been completed in accordance with the provisions of Law 3843/2010 (A’ 62).

b. In this case, unauthorized structures that meet the conditions of this paragraph are not included and are not definitively exempt from demolition if they are located within a front yard or uncovered area.

c. Unauthorized constructions or unauthorized changes of use for which the preservation procedure has been completed in accordance with the provisions of Law 3775/2009 (A’ 122) or Law 3843/2010 (A’ 62) or Law 4014/2011 (A’ 209), subject to the provisions of this law, are definitively exempt from demolition after the completion of the building’s identity in accordance with the provisions of Law

3843/2010 (A’ 62).

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E. Category 5

Unauthorized constructions and unauthorized changes of use, subject to the provisions of Article 2 herein, which are not included in categories 1-4 of this article.

For the unauthorized constructions or unauthorized changes in use of the present category is suspended for 30 years the imposition of penalties, under the provisions of paragraph 1 of Article 7, after the submission to the provisions of the present law, the payment of the relevant fee and the payment of the single special fine.

They are definitively exempt from demolition only after the completion of the provisions of spatial and urban planning and provided that, by law or Presidential Decree, the procedure for exemption from demolition and the special procedure for their integration into urban planning.

S.T. In cases of definitive exemption from demolition, the certificate of inclusion and payment of the relevant fine or the issuance of a building identity certificate, where required, constitutes a town planning title of definitive exemption from demolition, which is specifically mentioned in the Engineer’s certificate.

Article 10

Electronic Procedure

1. The entire process of bringing unauthorized structures into compliance with the provisions of this law is carried out electronically in the Technical Information System.

Chamber of Commerce of Greece or other competent public authority

supervised by the Ministry of Environment, Energy and Climate Change.

2. In infrastructure of the Ministry of Environment, Energy and Climate Change or other competent authority supervised by the the YPEKA or the Central Administration creates information system for the storage copies of the data of declarations of arbitrary nature. The updating of the data is done periodically by the T. E.E. or the in each case competent without time delay.

3. During the implementation of the project “System for the creation and management of digital building identities for the application of Law 3843/2010,” the data from the information system for the registration of unauthorized buildings, as well as any additional information, is copied from the new system and stored in parallel in the infrastructure of the Ministry of Environment, Energy and Climate Change.

4. In order to draw conclusions for the formulation of environmental policy for the protection of the residential environment and to record its actions, a dynamic system of reports and graphs for the collection of operational data is being installed in the infrastructure of the Ministry of Environment, Energy and Climate Change. Every quarter, the authority responsible for the information system produces

indicators and statistics for monitoring residential development in specific areas and are communicated to the relevant ministries. Within four (4) months of the publication of this document, data from previous declarations shall be transferred to the corresponding systems of the Ministry of Environment, Energy and Climate Change.

5. The electronic processing of the procedure, in whole or in part, may be assigned to the Technical Chamber of Greece or another competent authority supervised by the Ministry of Environment, Energy and Climate Change, with coverage of the necessary operating costs.

expenses from the Green Fund, the further development and management of the corresponding information system. The Technical Chamber of Greece or another competent authority for the execution of the above procedure in whole or in part, as well as any other relevant electronic procedure, may be designated as a beneficiary of funding under the provisions of Law 3614/2007 following a Program Agreement with the Ministry of Environment, Energy and Climate Change. By decision of the Minister of Environment, Energy and Climate Change and the competent Minister in each case, a different procedure may be established for the submission of applications for inclusion in the present regulation and the payment of the special retention fine, using electronic technologies, the direct submission of the necessary supporting documents to the competent services, and the direct issuance of the acts calculating the fines and retention.

6. The single special fine for the declared construction is calculated electronically, as specified in the following provisions.

Article 11

Documents justifying the inclusion of unauthorized construction or unauthorized change of use in the provisions of this law

An authorized engineer shall enter into the information system all data and supporting documents relating to the unauthorized construction or unauthorized change of use, by completing the registration forms in accordance with the Annex to this law and in accordance with the provisions of the following articles. Compliance with the provisions of this

law is accompanied by the following supporting documents, which are kept by the owner after their entry into the information system:

1. Application.

On every plot of land or field, the procedure for the inclusion of unauthorized constructions

or arbitrary change of use in the provisions of this law may, at the owner’s discretion, be made either by submitting a single application for all unauthorized constructions or uses, or by submitting multiple applications for each individual horizontal or vertical property that is the subject of the transfer.

The application is submitted by:

a) the owner of the property on which the unauthorized construction has been carried out or unauthorized use has been established. The term “owner” includes the bare owner, the usufructuary with the consent of the bare owner, the contractor for the properties belonging to him as a result of a preliminary contract, the lessee, provided that he has the right to issue a building permit under the lease agreement, and in the case of legal entities, their legal representative, b) the legally authorized representative of the owner.

c) those who have received approval for redemption, in accordance with the provisions of Articles 5 and 6 of Law 3147/2003 d) the co-owner:

i) On unauthorized constructions or unauthorized changes in the use of common areas of a property, in which horizontal or vertical ownership has been established following a decision by the majority of the co-owners,

in accordance with the provisions of the floor ownership regulations, or by simple majority.

ii) On unauthorized constructions or unauthorized changes of use that have been carried out or installed in horizontal or vertical co-ownership and within sections of exclusive use thereof, without the consent of the other co-owner being required.

iii) On unauthorized constructions or unauthorized changes of use in real estate for which an exclusive right of use has been established, without the consent of the co-owners being required.

iv) One of the co-owners for the unauthorized buildings he owns, provided that a notarial preliminary agreement for the establishment of divided properties is submitted along with the other supporting documents, which shows that the independent building or buildings will become his property upon the final establishment of divided ownership.

e) The owner and possessor of an unauthorized building on land or a plot without title deeds only if a legal preliminary agreement is submitted showing that the owner of the land promises to transfer to him the part of the land he has occupied and on which he has erected an unauthorized building, after full payment of the single special fine. The above preliminary agreement shall be accompanied by a topographical diagram showing the unauthorized construction with the section of land that has been occupied, the percentage of the section that corresponds to the specific plot/land, and shall include an excerpt from the land registry with

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the determination of the section that has been occupied as well as and the total area / plot .

2. A solemn declaration by the applicant, certified for the authenticity of the signature, in accordance with Law 1599/1986 (A’ 75), which includes:

i) his personal details,

ii) the tax identification number (TIN),

iii) the public financial service (D.O.Y.) responsible for taxation, iv) the number and year of the building permit, where applicable, v) the area and use of the unauthorized construction,

vi) the date of completion of the unauthorized construction or installation of unauthorized use therein,

vii) if it is the main and only residence, and

viii) statement that the unauthorized construction or unauthorized use does not fall under any of the cases of Article 2 of this.

3. The latest E9 form, which refers to the property where the unauthorized construction or use is located.

4. Technical report by an authorized engineer describing the unauthorized construction or unauthorized use only in terms of the area and use of the unauthorized structure, as well as whether it is a temporary structure as defined in paragraph 75 of Article 2 of Law 4067/2012 (A’ 79).

5. Photographs of the unauthorized construction or unauthorized change of use

6. Plans as follows:

a. In the case of a building permit, the following copies:

i) the building permit and an excerpt from the street plan for areas where approved plans exist.

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ii) of the topographical diagram

iii) the coverage diagram, which shows the location and outline of the unauthorized construction or unauthorized change of use and the urban planning dimensions that exceed the limits, as they affect the relevant calculations.

The single topographical-coverage diagram is considered to be the coverage diagram for the application of this provision in cases of independent horizontal or vertical properties for which the building permit was issued prior to its application from 8-9 -1983 Presidential Decree (394 D).

iv) the floor plan, indicating the unauthorized construction for which inclusion in the provisions of this law is requested.

The following are considered floor plans for the purposes of this provision: the floor plan attached to the deed of division of properties in cases of independent horizontal or vertical properties, for which the building permit was issued prior to the application of Presidential Decree 394/1983 (8-9-1983).

v) section of the unauthorized construction or the space in which the unauthorized use has been installed.

b. In cases where no has been issued any building permit or it is not possible to find it, the following are attached:

i) Topographical diagram according to the paragraph. 1c of Article 3 in which shows the dimensions of the arbitrary construction.

Especially in cases of independent horizontal or vertical properties with exclusive use where topographical mapping is not possible.

of the entire property, a dependent topographical diagram is defined as a dependent topographical diagram that depicts the area occupied by the independent property and indicates its surface area and percentage of co-ownership. The inability to topographically depict the entire property is justified in the technical report of paragraph 4 of this article.

ii) Floor plan of the unauthorized construction

iii) Section of the unauthorized construction

c. In cases where the building permit file has been lost, as certified by the competent Building Authority, and in order to investigate the legality of the existing building, it is possible to submit to the competent Building Authority a building survey file, built on the basis of a building permit that has been lost. In order for the file to be accepted by the relevant Building Authority, it must include a topographical diagram, a coverage diagram in accordance with the specifications of Presidential Decree 8-9-1983 (Government Gazette 394 D’), floor plans of all floors, a cross-section, photographs of all facades, a responsible engineer’s statement that the calculations and inspection of the existing building in the coverage diagram have been carried out in accordance with the building conditions and restrictions in force at the time of issue of the building permit for which the survey file is submitted, as well as reservations and contributions in accordance with the provisions in force. The plans are submitted in duplicate and are certified by the competent Building Authority. One set of plans is given to the owner and the file supplements the lost building permit in the Building Authority’s archives.

7. Public documents or aerial photographs proving the date of completion of construction and the date of installation of use.

8. The following applies to the static control of violations:

a. Structural vulnerability report of the load-bearing structure, in accordance with the Annex hereto, for any unauthorized construction or change of use that has been carried out or installed in buildings with predominant residential use, tourist accommodation or buildings not included in the following paragraph, as well as for individual unauthorized constructions with the above uses.

b. Structural adequacy study for any unauthorized construction or change of use that has been carried out or installed in buildings for public use, such as, indicatively, buildings for public gatherings, healthcare, social welfare, education, cultural functions, hotels and other tourist facilities, religious sites, shops, banks, public benefit organizations, public services, and industrial or craft buildings, as well as individual unauthorized structures with the above uses.

The structural adequacy study may be submitted within five (5) years from the date of inclusion and, in any case, before the building identity form is completed.

If no structural adequacy study is submitted, a structural vulnerability report shall be submitted, in accordance with the Annex hereto.

Each certificate of compliance and certificate of transfer shall make specific reference to whether or not the structural adequacy study has been submitted in accordance with the provisions of this article.

c. By decision of the Minister of Environment, Energy, and Climate Change, the details for the implementation of this provision may be specified.

9. Technical report by a competent engineer on the electromechanical inspection of the grounding panel and other electromechanical installations, if any, for each individual unauthorized construction, excluding residences, as well as for unauthorized construction or change of use that has been carried out or installed in buildings that are not used as residences. The above technical report may be submitted within five (5) years from the date of inclusion and in any case before the completion of the building’s identity.

10. Fee payable to the Greek State, subject to specific provisions herein establishing a special fee, as follows:

i) €500 for unauthorized construction/use of up to 50 square meters or for a main and sole residence of up to 100 square meters,

ii) €1,000 for buildings/uses larger than 50 m² and up to 100 m² or for main and sole residences larger than 100 m² and up to 200 m²;

iii) €2,000 for buildings/uses larger than 100 m² and up to 1,000 m²,

iv) €4,000 for buildings/uses larger than 1,000 m² and up to 2,000 m²; and

v) €8,000 for buildings/uses larger than 2,000 square meters, which is non-refundable under any circumstances, but forms part of the single special fine provided for in this article.

11. Form for calculating the single special fine for the declared construction, as defined in Article 18 and in the Annex hereto.

12. The above are submitted with care by the owner and the engineer.

Article 12

Temporary Arbitrary Structures

1. For the provisions of this law to apply to unauthorized structures, which are declared by the engineer in the technical report of paragraph 4 of Article 11 as temporary, after the application and fee have been paid, they must also be morphologically and aesthetically integrated into the building as a whole and its built environment. For this reason, the supporting documents submitted are examined by a committee set up by decision of the Secretary General of Decentralized Administration at the headquarters of each Building Authority and consisting of:

a. An architect engineer from the competent Building Authority or technical service of the Municipality as chairperson with his/her deputy. In the absence of the above, the chairperson and deputy chairperson shall be appointed from among the civil engineers employed by the relevant decentralized administration or region or the Ministry of Culture and Tourism or the General Secretariat for the Aegean and Island Policy , for the islands under their jurisdiction.

b. an architect employed by the relevant decentralized administration or region or the Ministry of Culture and Tourism or the General Secretariat for the Aegean and Island Policy for the islands under its jurisdiction, with his/her deputy, c. an architect who is a member of the Technical Chamber of Greece, with his/her deputy. The committee shall assess the possibility of the temporary structure being covered by the provisions of this law.

2. In any case, structures in which the materials are not connected to each other and the building does not comply with the concept of a permanent structure and/or in which the sealing of the joints of the external surfaces, between each other and with the floor, has not been done in a stable and permanent manner and/or the condition, quality, and characteristics of the materials are poor for the safety of users or dangerous to the health of users.

3. The committee shall decide within ten (10) days of the submission of the application whether or not to grant the exemption, provided that the following supporting documents are submitted by the interested party or their authorized representative to the competent building authority together with the relevant application:

a) An engineer’s technical report describing the construction method and materials used and justifying the morphological and aesthetic integration of the temporary structure into the building as a whole and its built environment b) Photographic documentation of the temporary structure in relation to the building as a whole and its built environment. c) Topographical diagram showing the location of the temporary structure in relation to the building as a whole and its built environment. d) Affidavit by the engineer that the above information is the same as that which will be entered into the information system. e) Proof of construction/completion date.

f) Proof of entitlement to inclusion of the applicant

4. Following a positive decision, the committee shall inform the competent information system management body within two (2) days in order to complete the inclusion process.

Article 13

Unauthorized Structures and Uses in Traditional Settlements

1. The provisions of this law apply to unauthorized constructions or uses in traditional settlements or parts of cities, provided that they meet the conditions of paragraph 1 of Article 7 hereof and were completed prior to the publication of the administrative act designating the settlement or part of a city as traditional.

2. The provisions of this article apply to unauthorized constructions or uses located in a traditional settlement or part of a city, provided that they meet the conditions of paragraph 1 of Article 7 herein and have been completed after the publication of the administrative act designating the settlement or part of the city as traditional, in accordance with the following: 1 of Article 7 hereof and have been completed after the publication of the administrative act designating the settlement or part of the city as traditional, in accordance with the following:

a. After submitting the supporting documents referred to in paragraphs 1, 10, and 11 of Article 11, an application must also be submitted to the committee referred to in Article 12, accompanied by the supporting documents referred to in paragraph 3 of Article 12.

b. After examining the above supporting documents and determining eligibility under this law, the committee accepts or rejects the application, based on the aesthetic integration of the unauthorized construction with the existing legal building as a whole, the wider built environment, and the architectural and morphological typology of the traditional settlement or part of the city.

c. The committee referred to in Article 12 may impose the execution of works to adapt the unauthorized building to the applicable morphological conditions and restrictions of the traditional settlement or part of the city, as specified in paragraph 5 of Article 25. The committee may also conduct an on-site inspection in order to assess the size and extent of the required adaptation work.

d. The adaptation works are carried out after the decision of the collective body has been notified to the owner and the relevant permit has been issued, if required. If a relevant permit is required, it is issued without prior payment of the single special fine. The adjustment works must be completed within four (4) months and the proper execution of the works shall be certified by the competent Building Authority, by endorsing the relevant building permit or by issuing a relevant certificate. After the adaptation work has been completed, the committee referred to in Article 12 shall re-examine the matter and decide on the final inclusion of the unauthorized constructions or uses in the provisions of this law.

3. The transfer or establishment of real rights in properties with unauthorized constructions, for which the approval of the committee referred to in Article 12 of this law is required, may take place after the submission of the supporting documents referred to in paragraph 2a of this article and the payment of 30% of the total amount of the fine, and the obligation to complete the procedure shall be assumed by the new owner with a special power of attorney. 2a of this article and the payment of 30% of the total amount of the fine, and the obligation to complete the procedure is assumed by the new owner with specific reference in the relevant notarial document.

4. The deadline for payment of the special fine referred to in paragraph 2 of Article 21, in addition to the payment of 30% of the amount of the fine, shall commence from the notification of the committee’s positive decision to the owner.

5. In traditional settlements with fewer than 2,000 inhabitants, no new independent constructions beyond any existing buildings are permitted under the provisions of this law after the settlement has been declared traditional, if they exceed 10% of any building condition.

6. In traditional settlements and traditional parts of cities, the provisions of this law do not apply to temporary structures referred to in Article 12.

7. Following a positive decision, the committee shall inform the competent information system management body within two (2) days in order to complete the inclusion process.

Article 14

Unauthorized constructions in a listed building

1. The provisions of this law apply to unauthorized constructions or uses located within the volume of the listed building or additions in height not exceeding 10% of its total construction, in accordance with the following:

a. After submitting the supporting documents referred to in paragraphs 1, 2, 4, 7, 10, and 11 of Article 11 of this law, an application must also be submitted to the Central Council of Architecture (KESA) with the following supporting documents attached:

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i) Photographic documentation of the building.

ii) Topographic Diagram.

iii) Complete survey of the building.

iv) Technical report by an engineer, including all historical data on the building.

v) Responsible statement with the which to declare that there is no there is a classification of the building by another body.

vi) Public documents or aerial photographs proving the date of completion of construction and the date of installation of use. Specifically for cases of change of use, private documents of certain date may be submitted within the meaning of Article 446 of the Code of Civil Procedure.

vii) Structural vulnerability report of the load-bearing structure or static adequacy study, in accordance with the provisions of paragraph 8 of Article

11.

viii) Technical report by a competent engineer for the inspection of other electromechanical installations, if any.

b. After the verification of the above supporting documents and the determination of the right the verification of the right to be subject to the provisions of the present the committee accepts or rejects the application based on the changes in the architecture and morphological typology of the preserved building, the aesthetic integration of the arbitrary construction as towards the whole of the building and/or the environment of the.

c. KESA may impose the execution of adaptation works on the unauthorized building in accordance with the examination of the evidence submitted. In exceptional cases, the committee may conduct an on-site inspection in order to assess the size and extent of the required adaptation works.

d. The work of adaptation shall be carried out after the notification of the decision of the collective body to the owner and the issuance of the relevant permit if required. In the event that the issuance of a relevant license is required, it shall be issued without prior approval is issued without the prior payment of the single special fine. single special fine. The work to adapt must be completed within a period of four (4) months and certified the proper execution of the works by the competent Building Authority, with approval of the relevant building permit or with issuance relevant certificate. After the execution of the works adaptation the KESA re-examines the issue and decides on the definitive subordination of arbitrary constructions or uses to the regulations of the present law.

2. The provisions of this law apply to unauthorized constructions or uses in buildings with a legal building permit in the surrounding area, provided that they are not in contact with the listed building, in accordance with the following:

a. After the submission of the supporting documents of the paragraphs. 1,2,4,7,10,11 of Article 11 it is required to submit an application to the competent Council of Architecture (SA) with attached the following supporting documents:

i) Photographic record of the building, in relation to the existing listed building.

ii) Topographic Diagram.

iii) The building permit form and a copy of the classification decision

iv) Coverage diagram, indicating the location and outline of the unauthorized construction or unauthorized change of use and the urban planning dimensions that exceed the limits, as they affect the relevant calculations.

v) Responsible statement with the which to declare that there is no there is a classification of the building by another body.

vi) Floor plan of the floor, indicating the unauthorized construction for which inclusion in the provisions of this document is requested.

vii) Section where the unauthorized construction for which inclusion in the provisions of this document is requested is marked.

viii) Public documents or aerial photographs proving the date of completion of construction and the date of commencement of use. In cases of change of use, private documents of certain date within the meaning of Article 446 of the Code of Civil Procedure may be submitted.

ix) For each individual unauthorized construction and for unauthorized change of use other than residential, a technical report by a competent engineer for the electromechanical inspection of the grounding panel and other electromechanical installations, if any. The technical report must document that no significant architectural elements are affected.

b. After checking the above supporting documents and determining eligibility under the provisions of this law, the committee accepts or rejects the application based on whether or not the unauthorized construction alters the character, structure, and/or architecture and morphological typology

the listed building, the aesthetic integration of the unauthorized construction in relation to the building as a whole and/or its surroundings, as well as whether and to what extent it affects the reasons for and the decision on its designation.

c. The SA may impose the execution of adaptation works on the unauthorized building, in accordance with the classification decision and the aesthetic and morphological integration of the unauthorized construction in relation to the nearby listed building. The committee may also conduct an on-site inspection in order to assess the size and extent of the required adaptation work.

d. The adaptation works are carried out after the decision of the collective body has been notified to the owner and the relevant permit has been issued, if required. If a relevant permit is required, it is issued without prior payment of the single special fine. The adjustment works must be completed within four (4) months and the proper execution of the works is certified by the competent YDOM, by endorsing the relevant building permit or by issuing a relevant certificate. After the adaptation work has been completed, the SA shall re-examine the matter and decide on the final inclusion of the unauthorized constructions or uses in the regulation of the present.

3. The transfer or establishment of real rights in immovable property with unauthorized constructions, for which the approval of the committee of Article 12 of this law, may be carried out after the submission of the supporting documents of the paragraph. 2a of the present article and the payment of 30% of the total amount of the fine the obligation to completion of the procedure is undertaken by the new owner, with specific mention in the relevant notarial document.

4. In any case, the deadline for payment of the single special fine referred to in paragraph 2 of Article 21, beyond the payment of 30% of the total amount, shall commence from the notification of the positive decision to the owner.

5. Following a positive decision, the committee shall inform the competent information system management body within two (2) days in order to complete the inclusion process.

6. In listed buildings and their surrounding areas, the provisions of Article 12 concerning temporary structures shall not apply.

Article 15

Regulation of unauthorized buildings on acquired properties and properties owned by the Hellenic Republic Asset Development Fund (HRADF).

1. a) The provisions of this law also apply to property owners who purchased their properties from the relevant Land Issues and Dispute Resolution Committees of the country’s regions and have erected unauthorized buildings on them, as well as to those who legally occupy them. The owner, upon request to the TEE, shall submit to the information system the supporting documents provided for in Article 11 within a period of five (5) months, starting either from the issuance of the title deed by the Regional Governor or from the publication of the decision of the Land Issues and Dispute Resolution Committee, in cases where

provision is made for the issuance of a title deed, or the act of ratification of distribution, as provided for in a ministerial decision issued pursuant to the provisions of paragraph 1 of Article 26 of Law 2732/1999 (A’ 154) and paragraph 5 of Article 11 of Law 3147/2003. The single special fine shall be paid in a lump sum within three (3) months of the submission of the application. In all other respects, the provisions of this law shall apply.

b) Until the title deed is issued by the Regional Governor or the decision of the Land Issues and Dispute Resolution Committee, the deadline for the demolition of unauthorized buildings is suspended, as is the imposition of the fine for the construction and maintenance of undeclared structures and uses provided for in Article 26 for unauthorized acts in the cases referred to in Article 2.

The provisions of this paragraph shall also apply to real estate that is or will become the property of the Hellenic Republic Asset Development Fund (HRADF) referred to in paragraph 1 of Article 1 of Law 3986/2011.

Specifically for properties owned by the above Fund’s public limited company, the deadlines for submitting supporting documents are completed nine (9) months after the registration of the Fund’s decision in the transfer books of the land registry office of the property’s region or in the relevant land registry office, where applicable. S. of the Fund in the transfer books of the land registry of the region where the property is located or in the relevant cadastral office, where applicable, in accordance with paragraph 6 of Article 2 of Law 3986/2011, concerning properties that become the property of the Fund in accordance with paragraph 5 of Article 2 of Law 3986/2011.

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Article 16

Special cases of unauthorized construction on public property

1. In any case, unauthorized constructions or changes in use in buildings: a) owned by the State, b) that house justice infrastructure and belong to the State or the Court Buildings Financing Fund or to legal entities supervised by the Ministry of Justice, Transparency, and Human Rights c) legal entities governed by public law, local authorities,

d) used as public or municipal schools or public or municipal gyms, owned by O.S.K. S.A.

e) owned by legal entities governed by private law, which belong to the State and are regularly subsidized from State resources, f) public enterprises in which the State owns all or more than 51% of their paid-up share capital

g) which belong to the State and are managed by public enterprises,

in which the State owns all or more than 51% of the shares, are subject to the provisions of this law after the submission of:

i) application

ii) topographical diagram and

iii) an engineer’s technical report, with a detailed description of the unauthorized constructions or uses.

No fee or single special fine shall be payable for the above unauthorized constructions or changes of use.

2. The provisions of this law, notwithstanding the provisions of Article 2 hereof, shall apply to:

a) Structures and facilities located in areas designated by the Special Framework for Spatial Planning and Sustainable Development (B’ 1138) developed mass tourism centers within wider developing areas with potential for alternative tourism, as well as existing ski resorts in the areas referred to in Article 4, paragraphs B2 and B3 of the above Special Framework, in areas recognized by the Greek National Tourism Organization as ski resorts, provided that they were built or installed by public bodies, local authorities, and non-profit sports and mountaineering clubs. After completion of the inclusion, it is possible to change the use of the unauthorized construction, provided that it is a public benefit facility, upon request by the competent public body or local authority.

b) Structures and facilities of ski centers and mountain refuges of public interest, which have been constructed following approval of funding by a public authority and approval by the Greek National Tourism Organization (EOT) and in accordance with the provisions of this article. After completion of the inclusion, it is possible to change the use of the unauthorized construction if it is a facility of public benefit, upon request by the competent public authority or the competent local authority.

c) Construction and installation of observatories and accompanying facilities belonging to the State or public educational institutions.

(d) Port facilities and buildings within the port land area belonging to a public authority.

e) Structures and facilities exceeding the legal permit in approved areas of organized outdoor forest recreation, which were constructed by local authorities or other public authorities without the approval of the forest service responsible for the area.

In order to qualify, in addition to the required supporting documents, a positive opinion from the forestry service responsible for the area is also required. 3. The inclusion of all the above structures in this law does not exempt the State and the above organizations and companies from the obligation to issue a building identity certificate in accordance with the provisions of Law 3843/2010. Where required, a structural adequacy study must be carried out before a building identity certificate is issued, in accordance with the provisions of Law 3843/2010.

Article 17

Reductions in Fines for Specific Population Groups

1. Persons with a disability rating of 80% or more, as well as persons who are taxed by persons with the above characteristics, in order to be covered by Article 8 of this law, shall pay 15% of the single special fine, as calculated in accordance with the Annex to this law. They shall also submit supporting documents proving that the above conditions are met, as well as the title deed to the property on which the unauthorized construction or use is located. The

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percentage of disability certified by certificate / medical opinion, which has been issued by the competent public authority.

2. Persons with special needs (PWD), with a disability rate greater than 67%, as well as persons who are taxed by persons with the above characteristics, with an individual income of up to €8,000 or a family income of up to €12,000, in order to qualify under Article 8 of this law for their main and only residence, pay 20% of the single special fine, as calculated in accordance with the Annex hereto, and shall additionally submit supporting documents proving that the above conditions are met. as well as the title deed to the property on which the unauthorized construction or use is located. The degree of disability is certified by a certificate/opinion issued by the competent public authority.

3. Repatriated expatriates who are registered in the municipal or community registers or records, in order to be covered by Article 8 of this law for their main and only residence, shall pay 20% of the single special fine, as calculated in accordance with the Annex hereto, and shall also submit supporting documents proving that the above conditions are met, as well as the title deed to the property on which the unauthorized construction or use is located. The provisions of the above paragraph also apply to members of the Muslim minority in Thrace.

4. Those who acquired by virtue of a notarial deed of parental provision from the persons of the first paragraph of the paragraph. 3 of this article, for the subordination to Article 8 of this of main and only residence pay a percentage of 50% of the single special fine, as calculated in accordance with the Annex to this law, and submit an additional 20% of the amount of the fine this, and submit in addition the supporting documents that prove the fulfillment of the above conditions.

5. Large families, in order to qualify under Article 8 of this law for their main and only residence, shall pay 20% of the single special fine, as calculated in accordance with the Annex hereto, and shall additionally submit supporting documents proving that the above conditions are met.

6. Parents of three children, with an individual income of up to €25,000 or a family income of up to €40,000, shall pay 30% of the single special fine for their main and only residence, as provided for in Article 8 hereof, as calculated in accordance with the Annex hereto, and shall also submit supporting documents proving that the above conditions are met.

Article 18

General provisions for calculating the single specific fine

1. For the inclusion of unauthorized construction or use in this regulation, a single special fine shall be paid, calculated on the basis of the area of the property at the zone price applicable in the area of the property, regardless of its use, in accordance with the objective value system of the Ministry of Finance in force on 21.09.2011 at a rate of 15% and the square meter rates specified in the table in the annex hereto, where required, depending on the

category and the type of arbitrary, according to the provisions of Article 9 of this (square meters X 15% X price zone X coefficients of square meters).

2. To calculate the above square footage coefficients, the sizes of unauthorized constructions or uses are compared with the permitted building conditions and restrictions applicable in the area of the property and, in the case of co-ownership of the property, with the part of the permitted sizes corresponding to the co-ownership percentage of the horizontal or vertical property ownership of each co-owner.

3. To calculate the fine, unauthorized structures of the same category and type of construction or use as defined in the table in the appendix to this document are grouped together and the areas of all declared areas of the same category and type per record sheet are added together.

4. For unauthorized constructions and unauthorized changes of use, which are proven to have existed prior to January 31, 1983, a rate of 15% of the single special fine shall be paid, as calculated in accordance with the provisions hereof. For unauthorized constructions and unauthorized changes of use, which are proven to have existed between January 31, 1983, and December 31, 2003, 80% of the single special fine shall be paid, as calculated in accordance with the provisions hereof.

5. For violations that do not fall under categories 1 to 12 of the table in the Annex hereto and do not correspond to a surface area (sq. m.), a fee of €250 shall be paid and the special fine shall be calculated according to a special budget in accordance with the Annex.

Budget up to and 15,000 euros is considered one (1) violation for which a fine of 500 euros is imposed. The number of violations is calculated from the quotient of the total budget by the amount of 15,000 euros, rounded up to the nearest. The total number of violations of the property is noted in square 13 of the table of the Appendix. In the above manner of calculating the single special penalty are also subject to unauthorized semi-open spaces, shelters, kiosks, facilities as defined in paragraph. 19 of Article 2 of Law 4067/2012 (A’ 79), which do not fall under the cases of category 3 of Article 9 of this

6. For the calculation of the single special penalty for all the spaces in basements levels, interior balconies (lofts) and attics as defined in par. 28 of Article 2 of Law 4067/2012 (A’ 79), a reduction factor of 50% shall apply.

Article 19

Special provisions for calculating the single special penalty

1. In cases where the height of legally existing buildings or parts thereof is exceeded, but there is no excess building, the single special fine is calculated without multiplying the building coefficient (5a, b, c, d) of the Annex, but the coefficient 0.20 for exceedances of up to 20% of the permitted height and the coefficient 0.40 for exceedances greater than 20% of the permitted height.

2. For the calculation of the single specific fine relating to the height excess, in the case of a building with a building permit, it does not

the additional height resulting from the non-completion of the surrounding area or from excavations carried out therein shall be taken into account. The special fine for the height resulting from the non-completion of its surrounding area or from excavations is calculated in accordance with paragraph 6 of the previous article. The above method of calculation does not apply to the unauthorized constructions of Article 13.

3. For a primary and sole residence, provided that the owner or spouse or any of their minor children has full ownership or usufruct or habitation rights to a residence or an ideal share thereof that meets the housing needs of their family, or full ownership rights to buildable plot of land or an ideal share of a plot of land corresponding to the area of a building that meets his housing needs and is located in a municipal or community district with a population of more than three thousand

(3,000), 40% of the single special fine shall be paid, as calculated in accordance with the provisions hereof. Housing needs are considered to be met if the total area corresponding to them does not exceed seventy (70) square meters. This area is increased by thirty (30) square meters for up to two children and by twenty (20) square meters for more than two children, who are the responsibility of the person liable or the other spouse. The above restrictions also apply to the main and only residence.

4. In the case of co-ownership of the property on which the unauthorized construction has been carried out or the unauthorized use has been established, the reduction coefficients for the fine and the annex shall be taken into account for

any of the co-owners who meets the relevant conditions by submitting separate registration forms for the area corresponding to the co-ownership percentage of the horizontal or vertical property. 5. For arbitrary changes of use from auxiliary to primary use in legally existing buildings that have been carried out after the entry into force of Law 1577/85 (A’ 210) without the issuance of a relevant building permit, the fine is calculated in accordance with the provisions of Article 18 and with a special coefficient of 1 as per the Annex.

Article 20

Offsetting of fines paid

1. Amounts paid for construction and maintenance fines, as well as amounts paid for special maintenance fines, shall be offset against the amount of the single special fine.

The amounts paid are deducted from the last installment and the immediately preceding ones until the offset is completed. If, after the above calculation, it appears that the amounts already paid exceed the amount of the fine, based on the provisions of this law, they shall not be sought.

2. For unauthorized construction or unauthorized use relating to a building used and operated as an industrial or craft facility, hotel, tourist accommodation, warehouse, or other production unit, provided that it is subject to special provisions allowing its operation.

after paying a fine or other fee or contribution, the above

A special retention fine shall be paid, reduced by the amount of

fine or fee or contribution paid in accordance with the above provisions.

3. By joint ministerial decision of the Ministers of Finance and Environment, Energy, and Climate Change, the amounts paid from the date of entry into force of this law for services, work and materials for the energy upgrading of buildings and for their structural adequacy, on constructions prior to 2003, with the amounts of the special fine provided for in this law and up to 50% of the special fine provided for. A Ministerial Decision of the competent Minister of Environment, Energy, and Climate Change shall determine all necessary details for the implementation of this law, as well as the required supporting documents to be submitted to the information system as proof of the amounts paid.

Article 21

Payment of Single Special Fine – Deadlines.

1. For the purposes of this law, the date of registration shall be the date of payment of the relevant fee, as recorded by the electronic procedure in the information system.

2. If the amount of the single special fine, after payment of the fee, is less than four hundred (400) euros, it shall be paid in a lump sum without discount within thirty (30) days of the date of submission.

3. The fine shall be paid within sixty (60) months from the date of inclusion.

4. In the case of a lump sum payment, within the deadline specified in paragraph 2,

a 25% discount is provided on the total amount of the fine

5. In the event of payment of 30% of the total amount of the fine within six (6) months from the date of inclusion, a 10% discount is granted on the total amount of the fine.

6. In any case, at least 5% of the total amount of the fine must be paid within six (6) months from the date of inclusion. If the above deadline for mandatory payment passes, the unpaid amount of the single special fine shall be increased by 1% for each month of delay.

7. The procedure for the payment and collection of the special fine, as well as any relevant details, shall be determined by joint decision of the Ministers of Finance and Environment, Energy, and Climate Change.

Article 22

Zone Price

1. For properties located in mainland Greece and on the islands of Crete and Euboea, in cases where no zone price has been set in accordance with the Ministry of Finance’s objective value system in the area of the property, the minimum zone price applicable in the local or municipal community where the property is located shall be taken into account for the calculation of the single special fine or the value of the infringements.

where the property is located and, if this has not been determined, the minimum zone price applicable in the regional unit where the property is located. Specifically, for properties referred to in the previous paragraph that are located in areas outside the city plan and outside settlement boundaries, for which no zone price has been determined in accordance with the objective value system of the Ministry of Finance, the minimum zone price applicable in the regional unit shall be taken into account, provided that in the relevant municipal community of the property the maximum zone price does not exceed EUR 2,200 in a percentage greater than 10% of the area of the relevant municipal community. In order to meet the above condition, a confirmatory act is issued by the relevant municipality.

2. For the remaining properties in the country, in cases where no zone price has been set in accordance with the Ministry of Finance’s objective value system for the area in which the property is located, the minimum zone price applicable in the local or municipal community where the property is located shall be taken into account for the calculation of the uniform special fine or the value of the infringements, and if this has not been determined, the minimum zone price applicable in the relevant municipality shall be taken into account, and if this has not been determined, the minimum zone price applicable in the regional unit where the property is located shall be taken into account.

3. If no zone price has been set for the regional unit where the property is located, the minimum zone price applicable in the prefecture where the relevant regional unit is located shall be taken into account for the calculation of the uniform special fine or the value of the infringements.

4. By joint ministerial decision of the Ministers of Environment, Energy, and Climate Change and Finance, zone prices may be applied throughout the country for all applications, with special registration in the information system.

Article 23

Special provisions

1. In the case of unauthorized constructions or uses for which a legalization permit may be issued, based on current legislation, provided that the fee referred to in paragraph 10 of Article 11 is paid and the relevant building permit is issued within three (3) years of payment, no further fine shall be payable. If the three-year period expires without action for reasons attributable to the applicant, the provisions on unauthorized structures shall apply. The time delay in issuing the building permit for reasons not attributable to the applicant shall not be taken into account in the three (3) year period. In the event that the three (3) year period expires without action (3) years has elapsed solely for reasons of change in the urban planning regime, resulting in the inability to issue the building permit for legalization, the details of the declaration may be amended in accordance with the provisions of this article in order to fall under Article 8 of this article. For the unauthorized constructions referred to in this paragraph, after the correction, the provisions of paragraph 5 of Article 25 hereof concerning the deduction and reduction of the special fine shall not apply.

2. In the cases of paragraph 1, the transfer or establishment of real rights, may be carried out before the obligation to issue the relevant building permit with the payment of 30% of the total amount of the fine, under the condition that the new owner assumes this obligation this, with specific mention in the relevant notarial document.

3. In the case of unauthorized constructions or uses prior to July 28, 2011, for which a building permit for legalization has been issued based on the legislation in force prior to the entry into force of this law, if the fee referred to in paragraph 10 of Article 11 is paid and the legality data are submitted to the information system, no further fine shall be payable and the procedure for writing off uncollected confirmed fines shall apply in accordance with the provisions of paragraph 3 of Article 9.

4. Unauthorized structures that were demolished before July 28, 2011, for which fines for construction and maintenance have been confirmed by the competent tax authority, are subject to the provisions of this law upon payment of a fee of €500. To be covered, you need to submit an application, an engineer’s technical report, and proof of demolition. No extra info or plans are needed, and the procedure for writing off uncollected confirmed fines under the provisions of paragraph 3 of Article 9 applies.

5. Retrospective approval of exemptions for unauthorized structures and installations referred to in paragraph 2 of Article 1 is permitted if the general conditions of the law are met, in order for a legalization permit to be issued, in accordance with the provisions of paragraph 1 of this article and after they have been brought into line with the provisions of this article.

6. The provisions of this law apply to unauthorized structures and antenna installations above stairwells and elevator shafts, provided that they have a construction permit from the National Telecommunications and Post Commission and an opinion from the Greek Atomic Energy Commission on the study of emitted radiation, or are considered to be operating legally in accordance with the law. In this case, upgrades or modifications to the structures are also permitted, provided that there is no change to the structural elements. Once these structures are subject to the provisions of this law, they may be upgraded in accordance with the provisions in force.

7. In any case, buildings constructed with a permit issued after inspection by the competent Building Authority and subsequently revoked or canceled for any reason are also subject to the provisions of this law, unless the revocation or cancellation is due to the submission of false information or inaccurate representations of the existing situation at the time of their issuance. In order for these buildings to be covered by the provisions of this law, the deposit referred to in paragraph 10 of Article 11 must be paid for each property. These buildings are exempt from the payment of the single special fine.

8. The provisions of this law apply to buildings that were constructed with a permit issued after inspection by the competent Building Authority and which was subsequently revoked due to the submission of false information or inaccurate representation of the existing situation. For these buildings, all the supporting documents referred to in Article 11 shall be submitted and

paid the relevant fee as well as and the single special fine, in accordance with the provisions of the present law.

9. Stone buildings that were located outside the coastal zone at the time of their construction, according to its previous demarcation, based on data from the competent Land Registry Office, provided that they were constructed before the entry into force of Law

1337/1983.

10. A layout of separate horizontal or vertical ownership that differs from that provided for in the approved building permit plans does not constitute unauthorized construction and is exempt from the obligation to comply with the provisions of this law.

11. The different division of the floor, from that which is provided for in the approved plans of the building permit, if it has resulted in a modification of the mechanical installations, is subject to the provisions of this law and is submitted and is subject to a floor plan of the facilities and is submitted to the competent authority for approval and is subject to the provisions of this law and is submitted to the competent authority for approval and is subject to the provisions floor plan depicting the existing condition of the floor. As a special fine paid in a lump sum the amount of 500 euros and no fee is payable.

12. The different location of the parking spaces required by the building permit from that provided for in the plans of the notarial declaration of Law 1221/81 is subject to paragraph 6 of Article 18 hereof, and a floor plan of the existing parking spaces shall be submitted, and a special fine shall be paid in a lump sum within 15 days of the issuance of the building permit. 6 of Article 18 hereof, and a floor plan of the existing parking spaces shall be submitted, and a special fine of €500 shall be paid in a lump sum within the deadline for the first installment, and no fee shall be paid.

13. The provisions of this law apply to unauthorized constructions or alterations of tourist facilities, in derogation from the building and land use conditions in force at the time of construction, provided that, after payment of the relevant fine, an operating license has been issued for these constructions operating license has been issued by the Greek National Tourism Organization (EOT) and provided that they were operating legally until July 28, 2011.

14. Unauthorized structures for livestock facilities and accompanying temporary accommodation buildings on public land legally used by livestock farmers, which are registered in the Integrated Management and Control System for Agricultural Holdings (OSDE) may be subject to the provisions of this law without paying a fine, provided that they submit:

a) Application b) Copy of the Single Aid Application, with the relevant excerpts

map, on which the engineer will mark the locations of the cross-shaped installations, c) Engineer’s technical report, stating that the surfaces of the building

or temporary accommodation buildings do not exceed a total of 35.00 m² and the method of construction of these and the livestock facilities.

d) Fee in favor of the Greek State in the amount of 300.

15. The provisions of this law apply to building violations, coverage, and height up to 20% of the permitted limits, on a building for which a legal permit was issued and the completion works were completed in their entirety after July 28, 2011, under

provided that the construction work on the load-bearing structure was carried out on 28.07.2011 and the approval for the commencement of the work by the Police Authority took place before 28.07.2011. During the inspection by the Building Authority for the completion of the works and the connection of the building or part thereof to public utility networks, a copy of the certificate of compliance is submitted and the compliance details are checked and verified.

In any case, the commencement of construction work on the load-bearing structure prior to July 28, 2011, is certified and proven by relevant aerial photographs.

16. The provisions of this law apply, only upon payment of the relevant fee and without payment of the special fine, to unauthorized constructions or unauthorized changes in use of buildings that were assigned to beneficiaries by the OEK.

In addition to the required supporting documents, the concession agreement or legal title from the OEK must also be submitted.

17. The provisions of this law apply to unauthorized structures, as defined in paragraph 74 of Article 2 and Article 21 of Law 4067/2012 (A’ 79), in areas that have been legally granted for specific commercial exploitation or use of tables and chairs by public bodies and local authorities, by way of derogation from the provisions of paragraph 1a of Article 2 hereof. In any case, exceptionally, the suspension of the provisions of this Article shall apply only for two (2) years from the date of inclusion. Unauthorized constructions referred to in this paragraph, for which confirmed fines are pending at the Tax Office or pending cases and have

removed or demolished, they are subject to the provisions of this law. In addition to the required supporting documents, the lease agreement and the approval acts for the concession of use must be submitted.

After the two-year suspension period has elapsed, these structures must be adapted in accordance with the provisions of the Ministerial Decision in the last paragraph of Article 21 of Law 4067/2012 (A’ 79) or, otherwise, removed.

For cases within the administrative boundaries of each municipality, in areas or zones of building blocks where there are multiple businesses

– tenants of common areas – temporary structures must be treated uniformly in terms of their morphological elements, size, construction materials, and harmonious integration into the space, under the responsibility of each municipality. By decision of the Municipal Council and upon request, the Competent Architectural Council approves a model architectural study that clearly describes the morphological rules, type, size, and materials used. The approval decision may include part or all of the building blocks where the temporary structures are to be installed, as well as all the necessary obligations for the free passage of the public and the free use of public facilities.

A Ministerial Decision by the competent Minister of Environment, Energy, and Climate Change shall determine all necessary details for the implementation of this law.

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Article 24

Suspension of Enforcement of Penalties and Collection of Fines

1. For unauthorized constructions or uses, for which the supporting documents provided for in the provisions hereof have been submitted,

The collection and imposition of fines and any procedure for imposing penalties and collecting confirmed fines by the Tax Authorities and the Social Security Fund (IKA) shall be suspended until the deadline for payment of the fines has expired.

These buildings may be connected to public utility networks and receive a certificate of primary use after payment of at least the first installment of the single special fine, provided that the relevant conditions are met.

2. Upon publication of this law, any provision allowing the exceptional connection of unauthorized buildings to public utility networks shall be repealed, and any certificates or decisions that may have been issued and have not been implemented shall cease to be valid.

3. In order to connect buildings or independent properties to public utility networks and to obtain a certificate of primary use, the following must be submitted:

to the competent body and the competent building authority, certification from the competent body for the information system, certifying payment of at least the first installment of the single special fine and including the necessary details for identifying the property and its owner.

4. For constructions or uses for which a declaration of compliance with the provisions of this article is submitted, no fines for construction and maintenance or other penalties shall be imposed, provided that they are paid.

all installments of the single special fine shall be paid on time and for as long as specified in this law, calculated from the date of entry into force of this law.

5. The above applies to the same structures or uses and to pending cases at any stage and procedure.

6. The inclusion of arbitrary changes of use in the provisions of Law 3775/2009 (A’

122), Law 3843/2010 (A’ 62), Law 4014/2011 (A’ 209) and the present, does not imply exemption from any other approvals or conditions that may be provided for or required in relation to the operation of the specific use.

7. The issuance or revision of a building permit in accordance with the provisions in force,

in a declared building or part thereof, pursuant to Law 4014/2011 (A’209) and this law, may be made after completion of the process of payment of the single special fine or payment of 30% of the total amount of the fine, in accordance with the provisions of this law, without any further fine being imposed.

8. For unauthorized constructions and changes of use prior to July 28, 2011, which are exempt from penalties under the provisions of this law or were exempt from penalties under the provisions of Law 4014/2011 (A’209), no retroactive insurance contributions (IKA, etc.) or any taxes, fines, or fees of any kind, such as property tax, cleaning fees, lighting fees, and potentially reciprocal fees, are owed. Any taxes, fees, and fines already paid are not recoverable. The change of use is not taken into account for the calculation of the fee under Article 24 of Law 4014/2011.

2130/1993 (A’ 62), as well as the fees of Law 25/1975 (A’ 74) and Article 25 of Law 1828/1989 (A’ 2), as applicable, and no retroactive differences arising from the change of use shall be imposed with regard to the amount of the fees.

9. For the use of a residence when calculating the value for the imposition of any tax (transfer tax, inheritance tax, real estate tax, TAP, determination of living expenses) for all spaces, both in basements and in internal balconies and attics, a reduction coefficient of 50% is applied.

Article 25

Actions taken by the competent authorities

1. Unauthorized constructions in buildings with building permits are judged independently and do not affect, for any purpose, such as connection to public utility networks and the possibility of transfer, the legal parts of these buildings that are not functionally related to the unauthorized construction.

2. In the event that the property belongs to multiple co-owners and horizontal or vertical ownership has been established, until the publication of this document, for the calculation of urban planning dimensions, the issuance of approval and building permits, which correspond to the ideal shares of each co-owner, constructions that have been carried out on other horizontal or vertical property are not taken into account.

3. Uncollected confirmed amounts of fines, construction, and maintenance costs,

are deleted after the single special fine has been paid in full. For

the cancellation of fines or the notification of the competent tax

In principle, in order to suspend their collection, the interested party must submit an application to the competent Building Authority, accompanied by:

a) confirmation of compliance with the provisions of this law and payment of the single special fine b) a solemn declaration that the fines for which cancellation is requested

relate to the property, which is subject to the provisions of this law.

The Building Authority issues an act cancelling the relevant financial list or the act imposing a fine and sends it to the competent tax authority, in case the fines have been confirmed for tax purposes, so that the tax authority can cancel any relevant act (cash confirmation), which has as its legal basis the financial list or the act imposing the fine. Similarly, the Building Authority shall notify the competent tax authority in writing of the inclusion of the unauthorized construction in order to suspend the collection of confirmed fines.

In the event of suspension, the relevant document issued by the Building Authority must state the final date of suspension, in accordance with the final date for payment of the fine as specified in the act of inclusion.

4. Case files concerning offenses, with arbitrary provisions, provided that no final decision has been issued on them, shall be archived by act of the competent authority, upon request by the interested party and confirmation by the competent Building Authority that the arbitrary construction has been declared and the special fine has been paid, in accordance with the provisions of this article. For the issuance of this confirmation, the following shall be submitted to the competent

Building Authority application by the interested party and the supporting documents specified in the previous paragraph.

5. In cases of unauthorized constructions, which have completed the process based on the provisions of Law 3775/2009 (A’ 122), Law 3843/2010 (A’

62), as well as those that have been included in the provisions of Law 4014/2011 (A’ 209) and the present, and the relevant procedure has been completed or 30% of the total amount of the fine has been paid, in accordance with the provisions of the present, it is permitted, by way of derogation from any applicable provision, to

completion of works. Notwithstanding any other provision, repair work aimed at improving health and aesthetics, restoration, routine maintenance, adaptation in accordance with Article 13(2)(d), demolition, and the construction of a roof or planting of a roof garden. The above works shall be carried out after approval has been given by the competent Building Authority, provided that the works for which approval is sought do not increase the volume of the building, except in cases of mandatory roof construction, in accordance with the specific building conditions and restrictions applicable in the area of the property. Approval of the work shall be notified without delay to the Social Security Institution.

Unified Social Security Fund for Employees (IKA-ETAM). By decision of the Minister of Environment, Energy, and Climate Change, the supporting documents submitted to the competent Building Authorities for the granting of approval to carry out the works may be amended.

provided for in this paragraph.

6. To obtain a license for installation, operation, or to submit a solemn declaration for the exercise of manufacturing or related activities, in accordance with the provisions of Articles 17 to 40 of Law 3982/2011 (A’ 143), in buildings or parts of buildings that are subject to the provisions of Article 24 of Law 4014/2011 (A’ 209) or the present law, instead of a building permit, a certificate of completion or a certificate of payment of 30% of the total amount of the fine, in accordance with the provisions of this law, from the information system.

7. In buildings that have been constructed with a legal building permit are permitted to be used for the purpose of are permitted in accordance with the issuance of the permit for legalization all the by rule uses of land, which were permitted in accordance with the specific urban planning provisions of the area at the time the time of issuance of the building permit, under the condition that from the transitional provisions does not require the removal of arbitrary use.

8. The competent Building Authority, the Special Inspection and Demolition Authority (EYEKA), as defined in Article 32 hereof, or another competent authority, designated by decision of the Minister of Environment, Energy and Climate Change, may randomly check at least 5% of the declarations submitted in order to verify whether the information contained in the declarations concerning the description of the construction, area and use of the construction, are true and accurate. If the Building Authority finds, based on the information at its disposal, that the unauthorized constructions fall under the cases referred to in Article 2 hereof, the declaration shall be revoked. Re-registration is permitted in

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provisions of this law if the unauthorized constructions do not fall under

cases referred to in Article 2.

9. For constructions or uses that are subject to the provisions of Law 4014/2011 (A’ 209) and the provisions of this law, where required, a certificate of completion of the procedure in accordance with Article

2 of Decision No. 41498/26.9.2011 of the Ministers of Administrative Reform and e-Governance, Environment, Energy and Climate Change, and Justice, Transparency and Human Rights (B’ 2167), or the certificate of payment of 30% of the total amount of the fine, in accordance with the provisions of this decision, from the information system.

10. For areas that have been preserved in accordance with the provisions of Articles

5 and 6 of Law 3843/2010 (A’ 62), where required, a copy of the application certifying the completion of the site maintenance procedure shall be submitted, in accordance with paragraph 5 of Article 6 of Law 3843/2010 (A’

62).

11. For constructions or uses that are subject to the provisions of Article 24 of Law 4014/2011 (A’ 209) and the provisions of this law, a certificate of completion of the procedure shall be submitted in accordance with Article 2 of Decision No. 41498/ 26.9.2011 decision of the Ministers of Administrative Reform and e-Governance, Environment, Energy and Climate Change, and Justice, Transparency and Human Rights (B’ 2167) or a certificate of payment of 30% of the total amount of the fine, in accordance with the provisions hereof, from the information system of the Technical Chamber of Greece.

12. In the above cases, a change of use is permitted in accordance with the provisions in force if the new use is not prohibited by more specific provisions applicable to the specific property or the area of the property.

In cases where a permit is not required but a certificate of change of use is required, the engineer’s certificate provided for in this provision shall serve as a certificate of primary use.

Article 26

Fines for the construction and maintenance of undeclared structures/uses

1. For new unauthorized constructions or changes in use, as well as for cases where no declaration is submitted or the procedure for payment of the single special fine is not completed on time, in accordance with Article

21, or cannot be subject to the provisions of this law, the provisions in force concerning unauthorized constructions shall apply for the demolition of the unauthorized construction or the restoration of the use provided for in the building permit, and the fines imposed shall be calculated as follows:

a. Fine for construction at a rate of 30% on the value of the unauthorized construction, as it is calculated based on the surface area of the arbitrary on the value zone that applies in the area of the property, according to the system of objective values of the Ministry of Finance and the defined in Article 22 of this, at the time of the finding of the violation.

b. Fine for retention at a rate of 5% on the value of the arbitrary, as it is calculated based on the area of the arbitrary on the value zone

applicable in the area of the property, in accordance with the objective value system of the Ministry of Finance and the provisions of Article 22 hereof at the time of the violation, which is imposed for each year of maintenance of the building, from its construction or installation until the demolition of the structures and the restoration of use or the issuance of a building permit or revision of a building permit.

c. For any unauthorized installation or work that, due to its nature, does not correspond to a surface area, the value of the unauthorized work is calculated in detail using the budget prices in the Annex to this law.

2. Fines imposed in cases of unauthorized construction and use, for which either no administrative appeal has been lodged or an appeal has been lodged and rejected, shall be sent, within an exclusive period of fifteen (15) days, by the officials of the competent Building Authority to the competent tax authority for certification and collection. An employee who violates the obligations of the above provisions shall be punished by withholding of remuneration for a period of fifteen (15) days to three (3) months. Disciplinary proceedings shall be brought within a strict deadline of fifteen (15) days. The same penalty shall be imposed on a superior who fails to bring disciplinary proceedings against the responsible employee, in accordance with the preceding paragraphs.

3. A percentage of the above fines, determined by joint decision of the Ministers of Finance and Environment, Energy, and Climate Change, shall be paid into the Green Fund.

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Article 27

Printed procedure

1. In exceptional cases, the documents required by this law may be submitted either in person or by registered mail to the competent Building Authority or the Municipal Citizen Service Center (KEP). The KEPs shall send the supporting documents to the competent Building Authority within 15 days. The competent Building Authority shall only verify the completeness of the above supporting documents. In the case of direct submission of the supporting documents, the check, exclusively for the completeness of the file, is carried out upon submission of the application and the interested party is informed of any deficiencies with a note on the copy of the application. In the case of transmission via KEP or by registered letter, the check of completeness only is carried out within ninety (90) days of receipt, within which time the applicant is informed in writing of any deficiencies. In both cases, if there are any deficiencies, the applicant shall, within fifteen (15) days, submit the requested information to the Building Authority, the completeness of the file is checked, and the completeness of the copy of the applicant’s application is certified with the date of submission.

2. The failure to comply with the deadlines for action on the part of the Building Authority does not deprive the applicant of the right to to be included in the regulation this and extended accordingly the relevant deadlines.

3. The documents proving payment of the special fine shall be submitted to the Building Authority, which shall record them in a special column in the special electronic file or special book provided for in the following paragraph. The recording shall serve as confirmation of the completion of the payment.

procedure for payment of the single special fine for the declared construction or use within the time limit specified in this law, and this shall also be noted on the copy of the application that has been granted to the declarant.

4. Declarations are recorded in a special electronic file of the relevant Building Authority or in a special book. The serial number of the registration and the date of submission are noted on the copy of the application, which the applicant receives from the Building Authority. All the information contained in the declaration, the fee paid, any omissions, the date of submission of the information, and the single special fine,

as defined in the provisions of this law.

Article 28

Final Date of Inclusion.

The deadline for inclusion is set at ………….

Article 29

Authorizing provisions

By joint decision of the Ministers of Finance and the Environment, Energy and Climate Change may amend modify the procedure for collecting the fines and the possibility of depositing them in contracted banks.

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Article 30

Transitional provisions

Upon publication of this law, any provision regulating matters covered by this law shall be automatically repealed.

Cases that were processed under the previous provisions are considered acceptable.

Pending cases shall be dealt with in accordance with the provisions hereof.

Submissions for which a structural vulnerability report was submitted in accordance with the technical guidelines of the Technical Chamber of Greece (TEE) under the previous provisions are considered acceptable.

Councils and committees established under previous provisions shall continue to operate in accordance with the provisions of this law.

A ministerial decision by the competent Minister of Environment and Energy shall determine all necessary details for the transition and completion of the applications that have been made under provisions prior to this one, as well as any procedure for corrections or refunds of fines where required.

CHAPTER B Environmental balance

Article 31

Urban planning and fines

1. Payment of the single special fine for the declared constructions or uses does not in any way prevent urban planning. If the property is included in urban planning, the single special fine shall not be refunded or offset against monetary contribution obligations provided for by the provisions in force at the time.

2. Upon approval or revision of the General Urban Plan (GUP) and the Special Urban Plan (SUP) and revision of the approved city plan, where required, in all municipalities where unauthorized constructions and uses are declared, in accordance with the provisions hereof, special zones shall be designated to balance the urban planning and general environmental burdens resulting from the application of the provisions of the previous articles, in order to restore the urban planning balance within each primary local authority. . In these zones, which must have a functional connection with the urbanized or urbanizable areas of the primary local authority, construction may be prohibited or the applicable building coefficient may be substantially reduced, and uses for green spaces and mild recreation may be specified, as well as spaces for serving the public needs of the primary local authority, such as, in particular, areas for recycling materials and packaging, areas for organised waste management, public transport depots, cemeteries, etc. Areas for public use

may not exceed 30% of the total area of the special balancing zones specified above in each primary local authority. By presidential decree issued on the recommendation of the Minister of Environment, Energy, and Climate Change, the procedures for approving and revising the above plans may be simplified and the relevant deadlines shortened. By decision of the Minister of Environment, Energy and Climate Change, more specific specifications for the preparation of studies for the above zones shall be laid down and the conditions, terms and details for the implementation of this paragraph shall be regulated.

Article 32

Special Service Demolitions

1. All the unauthorized constructions and uses, which were carried out after July 28, 2011 as well as those that are not subject can be subjected to the provisions of the present, are demolishable.

2. The Special Service for the Inspection and Demolition of Unauthorized Buildings (EYEKA) reports directly to the General Inspector of the Special Service of Environmental Inspectors (EYEP), which was established in accordance with the provisions of Article 9, paragraphs 4, 5, 6, and 7 of Law 2947/2001 (A’ 228) and Presidential Decree 165/2003 (A’ 137).

3. The powers of EYEKA are exercised and in all the forests, the forestry, reforestation and public grassland areas, as well as also and in other sensitive ecosystems, on the coastline-beach, in rivers, lakes and

streams, archaeological sites, and protected areas in general throughout the country, in cooperation with the competent Department C of the EYEP.

In particular, EYEKA is responsible for:

a) identifying and inspecting unauthorized interventions and constructions in cooperation with the competent Services, which are responsible for issuing orders for the removal of unauthorized structures, in accordance with the relevant legislation, b) monitoring the procedures for removal and demolition,

c) monitoring the removal of unauthorized structures by the competent authorities and the proper disposal of construction waste and restoration of the environment from any environmental damage.

d) issuing a finding for cases of constructions for which declarations of compliance with Law 4014/11 or the present law have been submitted, but according to the results of photo interpretation of satellite images/orthophotomaps as well as all types of cartographic material in the possession of public bodies, these constructions were either carried out after July 28, 2012, or were carried out in violation of the provisions of the present law. orthophotomaps and all types of cartographic material in the possession of public bodies, these constructions were either carried out after July 28, 2011, or fall under the cases of Article 2 of this law. Subsequently, in such cases, a demolition order is issued by the Special Secretary for Environmental and Energy Inspection and the competent Building Authority is informed of the revocation of the relevant declarations.

4. Each decentralized administration keeps a register in which private companies that are able to carry out demolition protocols are entered. This register is forwarded to the local

police authorities. In any case where demolition decisions cannot be enforced due to the refusal of private companies to enter into the relevant contracts, EYEKA may immediately inform the competent and relevant police authorities, which will initiate the civil mobilization procedure under Article 41 of Law 3536/2007 in accordance with the provisions in force. By decision of the Special Secretary for Environmental and Energy Inspection, a fine of between €6,000 and €10,000 shall be imposed on the above companies. The police authorities are required to provide their assistance in carrying out the demolition, if requested. Other state authorities, such as the land services, have a similar obligation to provide all the necessary information concerning the demolition protocols and to complete an appropriate database to facilitate the E.Y.E.K.A. and local authorities, mainly by providing mechanical means and personnel. If, during an inspection by the competent authorities, workers are found to be carrying out any unauthorized construction or other illegal work, they will be subject to summary proceedings and their insurance provider will be notified. If mechanical means or other materials (wooden formwork, metal formwork) are found, they shall be confiscated and sold, after the confiscation has been ratified by the competent court. The proceeds from the sale shall be deposited in the Green Fund and, in the case of forest land or public grassland, in favor of the Green Fund’s special forestry agency. EYEKA is designated as the guarantor and custodian of the confiscated materials. The

EYEKA collaborates with OKXE and the company “Ktimatologio S.A.” for the commissioning of remote sensing or aerial photography of the country, as well as for the use of the above methods in priority areas of the country.

in order to monitor changes in construction and identify any unauthorized structures in a timely manner.

5. The owner of the building that is deemed to be demolished, shall bear the cost of demolition and restoration of the surrounding area. The amount of the above cost is charged by decision of the General Secretary of Decentralized Administration, certified and collected in accordance with the provisions of the Code of Collection of Public Revenue.

6. Paragraphs 3 and 4 of Article 7 of Law 3818/2010 are replaced as follows:

“3. EYEKA is divided into two sectors, Southern and Northern Greece, with territorial jurisdiction corresponding to the existing sectors of EYEP. Forty-one permanent staff positions are established in EYEKA, which are filled either by civil servants, permanent or indefinite term, who are seconded for a period of three years, which may be extended by decision of the Special Secretary for Environmental and Energy Inspection, or transferred from the State and from legal entities under public law or from local authorities, with the corresponding abolition of the permanent position held by the transferred employee.

7. Paragraph 2 of Article 114 of Law 1892/1990 (A’ 101), as replaced by Article 9, paragraph 5 of Law 2880/2001 (A’ 9), is amended as follows:

“2. a) Buildings, structures, and facilities of any kind that have been erected or are being erected on the above-mentioned land shall be demolished, following a decision by the relevant Secretary General of the Decentralized Administration.

b) Final demolition decisions concerning areas referred to in paragraph 3 of this article shall be enforced by the competent service of the Decentralized Administration, under the supervision of E.Y.E.K.A., where justified by the provisions of this article.

8. The flow of work between the competent services and the procedure for prioritizing the implementation of demolitions shall be determined by decision of the Special Secretary for Environmental and Energy Inspection.

In particular, the prioritization and flow of demolition work is implemented according to the geographical unit of the decentralized administrations, taking into account mainly:

a) The type of protected area and the impact of unauthorized constructions on the natural environment.

b) The number of unauthorized structures in the specific area. c) The date of issue of the demolition orders.

d) The geometric characteristics of the arbitrary.

The prioritization of demolitions and the workflow are determined by establishing specific weighting factors for the above and other criteria in an absolute and objective manner. The decision also defines the mathematical formula for scoring and extracting the ranking order for each area of responsibility of the decentralized administration.

8. Final demolition decisions concerning unauthorized buildings referred to in paragraph 1 of Article 2 of this law shall be enforced under the responsibility of the Decentralized Administration in accordance with the provisions of Article 280 of Law 3852/ 2010, with the assistance of EYEKA in terms of coordination and monitoring in accordance with the provisions hereof.

Article 33

Payment of a special fine

1. A percentage of the single special fine, collected in accordance with the provisions of Chapter A, shall be paid into the Green Fund, deposited under a special code number entitled “Environmental Balance” and shall be used to offset the adverse effects, in proportion to the amounts paid in accordance with the provisions of Chapter

2. By joint decision of the Ministers of Finance and Environment, Energy, and Climate Change, the percentage, according to a specified scale, of the funds allocated to environmental balance actions is determined based on the amount of fines collected.

3. A percentage of the single special fine of up to 5%, which is determined by decision of the Ministers of Finance, Environment, Energy and Climate Change, and Labor and Social Security, is paid to the Social Security Organizations and distributed among them by decision of the Minister of Labor and Social Security.

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Article 34

Environmental balance actions.

A. As environmental balance actions for urban planning and environmental restoration, the following are prioritized within the geographical definition of environmental and urban planning impact:

1. Demolition of unauthorized buildings within forested and reforestation areas, archaeological sites, coastal areas as well as and in rivers, lakes and streams, for those for which a final and irrevocable court decision has been issued irrevocable judicial decision has been issued.

2. Demolition of dangerous dilapidated buildings in accordance with Presidential Decree 13/22-4-

1928 (A’ 153).

3. Creation, configuration of new ones, as well as promotion, management, and maintenance of existing free public green spaces in the urban fabric with the aim of improving environmental conditions, in particular through expropriations, regenerations, and land exchanges.

4. Creation of communal green spaces with underground parking facilities.

5. Restoration of public listed buildings and monuments.

6. Configuration/renovation of buildings for reuse, owned by entities in the broader public sector, to meet the needs of social, cultural, or general development activities.

7. Creation, completion, maintenance, and management of networks of shared green spaces and/or networks of green interventions in the urban fabric with the aim of improving environmental conditions.

8. Maintenance, improvement, and upgrading of the layout and urban equipment of free public spaces, playgrounds, and squares.

9. Maintenance, improvement, and upgrading of all types of urban equipment in public spaces in cities.

10. Expansion, aesthetic, functional, environmental, bioclimatic upgrading, reconstruction, repair, and maintenance of sidewalks and/or pedestrian walkways and their individual infrastructure. Creation of a pedestrian network with provisions for persons with disabilities.

11. Installation of facilities for the production of electricity energy, through RES, in public spaces.

12. Aesthetic upgrading of building facades in notable tourist, social, or cultural areas of the city or municipality (central squares, buildings on main thoroughfares, coastal fronts, etc.).

13. Upgrading the energy efficiency, aesthetics, and architecture of school buildings and their outdoor spaces.

14. Cleaning and demarcation of streams and works for their regulation and/or enhancement.

15. Designation and protection of areas requiring special protection through

redevelopments.

B. In addition to the above environmental balance actions, the following are defined

secondary specific environmental actions as follows:

1. In metropolitan centers of the country, which according to the current General Framework for Spatial Planning and Sustainable Development (GCHSDA) (Government Gazette 128 A’ 2008), are Athens and Thessaloniki, the construction of vehicle parking infrastructure at key public transport transfer stations.

2. In Primary, Secondary, and Other national hubs: Patras, Larissa, Volos, Ioannina, Heraklion, Chania, Komotini, Alexandroupoli,

Corfu, Kozani, Lamia, Kavala, Tripoli, Kalamata, Serres, Chalkida, Rhodes, Ermoupoli, Mytilene, Chios, Samos, Ikaria, Agrinio, Drama, Karditsa, Katerini, Xanthi, and Trikala, funding for the completion or revision of urban planning provisions.

3. In traditional settlements, areas of outstanding natural beauty, historical sites, and residential complexes designated as monuments:

a. Paving and sidewalks.

b. Promotion of public buildings

4. In apartment buildings:

a. Planted roof landscaping work b. Consolidation of uncovered areas and other plots for

creation of a network of freely accessible public spaces exclusively for pedestrians, using the uncovered areas of plots of land as provided for in Article 10(5) of Law 4067/12 (Government Gazette 79 A’).

5. Outside the plan and outside settlement boundaries, actions of public interest for the promotion and protection of areas near

archaeological sites, protected areas, and preserved monuments within the geographical boundaries of the relevant local authority.

Article 35

Spatial scope of environmental balance actions

1. The geographical designation and funding request for environmental balance actions in areas within the plan may not exceed 25 building blocks and, in any case, an area of 200 acres.

2. The geographical specification and the request for funding for actions environmental balance in outside plan areas does not may not exceed the area of 250 acres.

3. The spatial scope of environmental balance actions and the geographical definition of actions per category of local authority are defined as follows:

a. Apartment buildings. Selected for apartment buildings with more than five (5) floors:

The actions referred to in paragraph 5, subparagraphs a and b of Article 34 hereof shall be selected.

b. Building Blocks. Selected for densely populated urban residential areas within the urban fabric, as well as other urban areas with acute social, economic, and environmental degradation problems, as identified by the Information System.

Actions 2 to 14 of paragraph A of Article 34 hereof are selected.

c. Municipal Unit of City Plan: Selected for densely built-up urban residential areas with high urban planning burden.

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Actions 2 to 14 of paragraph A of Article 34 hereof are selected.

d. Urban centers and settlements that do not belong to the spatial units of paragraphs 1 and 2, of section B, of article 34 of this law, with a population of over 5,000 inhabitants.

Actions 2, 3, 5, 6, 8, 10, 11, 12, 13, and 14 of paragraph A and the action of paragraph 2 of Article 34 hereof are selected.

e. Traditional settlements, areas of outstanding natural beauty, historic settlements, historic sites, residential complexes designated as monuments. Actions 1, 2, 3, 5, 6, 8, 10, 11, 12, 13, 14, and 15 of paragraph A and actions a and b of paragraph 3 of Article 34 of this document are selected.

f. Outside the plan and outside settlement boundaries, areas with unauthorized construction.

Actions 1, 2, 5, 6, 11, 14, and 15 of paragraph A of Article 34 hereof are selected.

Article 36

Funding Beneficiaries and Funding Procedure

1. Beneficiaries of funding and parties liable for environmental balance actions under Article 34 hereof are defined on a case-by-case basis:

a) The O.T.A. for actions 3 to 15 of paragraph A and 1, 2, 3, 4, 6 of paragraph B of Article 34 hereof.

b) Legal representative of an apartment building for actions 5 a, b, of paragraph B of Article 34 hereof.

c) Decentralized Administration for actions 1 and 2.

2. The percentage of funding is determined according to statistics on the increase in the building coefficient and the increase in population density in the selected geographical area.

3. Any necessary details for the implementation of this decision shall be determined by decision of the competent Minister of Environment, Energy, and Climate Change.

Article 37

Procedure for imposing the single specific fine

An electronic procedure for joining an environmental balance and urban restoration action program is established as follows:

1. For submission to the information system, a special code is issued and sent by the Ministry of Environment, Energy and Climate Change or the competent authority for the information system to the beneficiary or their legal representative.

upon request. The beneficiary of the funding shall submit the following supporting documents to the information system:

a. Geographical identification of the environmental burden b. Percentage of funding eligible depending on the amount of the

special fine imposed due to unauthorized construction and use in the selected geographical area.

c. Statistical data on the increase in the building coefficient in the selected geographical area.

d. Statistical data increase in population density in the density of the population in the selected geographical area.

e. List of actions that may be financed as a priority in accordance with the provisions hereof.

f. Technical Data Sheet for the selected actions.

g. Legitimacy and representation details h. Affidavit by the beneficiary that the information provided is valid and true

i. Land registry extract for areas where land registry offices operate.

i.i. Time schedule for implementation of the action.

2. The information system issues a detailed confirmation of the submission of the data and the financing order, as well as a notification to the Green Fund for the payment of the above amounts, which includes all the data.

The amount of funding shall be released to the beneficiary in installments, following approval by the Green Fund, depending on the progress of the project in accordance with Article 37 hereof.

Article 38

Repayment of the financing amount

The funding amount is released in installments, in accordance with the specific provisions on the award of public works and supply contracts and public works, depending on the progress of the project and always after an inspection by a building inspector, if required, as follows:

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Prior to acceptance of part or all of the project by the Contracting Authority, an inspection shall be carried out by a building inspector, who shall draw up a relevant report. The report shall be submitted electronically by the beneficiary to the information system and shall bear a unique number.

At the same time, all receipt details from the Contracting Authority are submitted electronically in accordance with the Annex hereto, bearing a unique number.

As an exception to any other provision, the money is paid into a special account of the beneficiary through the Green Fund, and the payment is notified electronically:

a. At the Court of Auditors

b. At the Ministry of Finance c. At the Ministry of the Interior.

The necessary data shall be sent, under the responsibility of the information system management body, in printed or electronic form, to the Green Fund, which keeps a special file for each local authority and beneficiary of funding.

At the end of each year, the Green Fund compiles a detailed list of all applications submitted and environmental balance actions funded, which is sent to the competent Minister of Environment and Energy and the Minister of Finance.

After the financing of all actions per local authority and following the submission of a relevant request by the competent local authority, a confirmatory act of completion is issued by decision of the Minister of Environment, Energy and Climate Change.

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environmental restoration, which is taken into account for the preparation, approval, or revision of the relevant urban plans.

Article 39

Pilot Implementation.

1. Within the framework of the above provisions on environmental balance, a specific procedure for the pilot implementation of a program of selected actions is established.

2. The scope of the pilot application is determined by ministerial decision of the Minister of Environment, Energy, and Climate Change for five (5) categories of action under Article 34 and for each category of geographical designation under Article 35.

3. During the pilot implementation, all required supporting documents may be submitted in paper form to the Green Fund.

All necessary details are specified by ministerial decision of the Minister of Environment, Energy and Climate Change.

By Ministerial Decision of the Minister of Environment, Energy, and Climate Change, standard forms may be established for all submitted data, as well as any relevant details for the implementation of Chapter B.