New Method for Issuing Building Permits

Article 3 Article 1

Definitions of building approval and building permit

For the purposes of this law, the following terms shall have the following meanings:

a) building approval: certification of the right to build in accordance with building regulations, allowing a building permit to be issued.

b) building permit: the permit that allows the execution of the construction works described therein and in the accompanying studies, in accordance with the provisions in force.

Article 2

Competent authorities for granting

The competent authorities for granting building permits and building licenses are the Building Services (T.DOM.) of the Municipalities, unless otherwise specified by special provisions.

Supporting documents and studies

1. Building Permit Approval

The following supporting documents and studies must be submitted in order to obtain a building permit:

a) Application by the owner or the person with legal rights, with the assignment-assumption declarations and the control sheet.

b) Site plan and building plan, in accordance with paragraph 4 of Article 9.

c) Proof of payment of contributions and deductions for engineering services.

You also need to submit the title deed and a recent certificate of ownership or cadastral extract for each property, proof of the legality of existing buildings in case of additions, and approvals from other services and administrative bodies, where required.

2. Building Permit Building Permit

In order to obtain a building permit, the building approval and the following supporting documents and studies must be submitted, where required by applicable law:

a) Application by the owner or the person with legal rights, with the declarations of assignments and undertakings in a single document and control sheet.

b) Architectural study, including passive fire protection and accessibility for persons with disabilities, where required.

c) static study.

d) Studies of electromechanical installations.

e) Building energy efficiency study.

f) Study of the project implementation schedule.

g) Study of hydraulic installations and drainage systems.

h) Active fire protection study, approved by the competent Fire Department.

θ) Gas fuel study, approved by the competent gas supply company.

i) A solemn declaration by each consulting engineer stating that:

The studies were prepared in accordance with general and specific urban planning provisions and regulations, are complete, and their data comply with applicable specifications and regulations.

The dimensions of the plans and the details of the studies correspond to the dimensions and details of the building plan and the topographical plan on the basis of which the building permit was issued.

The technical reports accompanying the calculation documents are complete and comply with the applicable specifications.

ia) project health and safety plan and file, with the appointment of a responsible coordinator as defined in Presidential Decree 305/1996 (A’ 212).

l) Notarized declaration of the designated parking spaces, in accordance with Article 1 of Law 1221/1981 (A’ 292), and certificate of its transcription in the land registry or registration in the cadastral office. In the event of a buyout, proof of payment of the required contribution shall be submitted instead of the notarial declaration.

(m) Explanatory memorandum to paragraph 1 of Article 3 of Law 1577/1985 (A’ 210).

id) Proof of deposit of reserves and payment of contributions by researchers.

j) Building identity, in accordance with the provisions of Articles 3 and 4 of Law 3843/2010 (A’ 62). The date on which the obligation to submit the above supporting document takes effect shall be determined by decision of the Minister of Environment, Energy and Climate Change.

3.The application and the required supporting documents shall be submitted in printed and electronic form.
4. A Building Permit Archive Department is recommended within the Building and Construction Regulations Directorate of the Ministry of Environment, Energy and Climate Change, with responsibility for maintaining and updating an electronic archive of building permits. The Minister of the Environment, Energy and Climate Change shall determine the manner of operation and any other details of the department.
5.By joint decision of the Ministers of Administrative Reform and e-Governance, Interior and P.E.K.A. and the competent ministers in each case, the following are determined:

a) the operation of an interactive web portal providing information and updates on urban planning legislation

b) the method of online cooperation between public services and other bodies that grant approvals, and the ex officio search for supporting documents by public authorities

c) the technical specifications of the information and supporting documents submitted in electronic form in accordance with paragraph 3.

Article 4

Submission of supporting documents and information – Electronic Services

1. The procedure for submitting printed documents is determined by joint decision of the competent Ministers and the Minister of P.E.K.A.

2. By joint decision of the competent Ministers and the Minister of Environment, Energy and Climate Change, following consultation with the Technical Chamber of Greece (TEE), the following shall be determined:

a) the abolition of the obligation to submit printed documents and the exclusive electronic submission of the information referred to in paragraphs 1 and 2 of Article 3,

b) the procedure for the electronic submission of the supporting documents and information referred to in paragraphs 1 and 2 of Article 3 and the technical specifications of the electronic files,

c) the information system and electronic services that will be offered to stakeholders and citizens,

d) the information system and electronic services that will be offered to public authorities for the issuance of the necessary administrative acts for the issuance of building permits and building licenses,

e) the procedures and technical specifications for digitizing the T.D.O.M. archive,

(f) the conditions of access to and use of the information systems, electronic services, and information referred to in this Article;

g) any other matter related to the electronic service of interested parties and engineers with the aim of ensuring transparency and accountability.

3. Upon publication of the decision referred to in paragraph 2, the following shall apply:

a) all communication, transactions, or submission of data between public authorities and citizens for the issuance, updating, revision, revocation, and cancellation of building permits and building licenses shall be carried out exclusively electronically;

b) the processing of procedures for the issuance, updating, revision, revocation, and cancellation of building permits and building licenses under Articles 5, 6, and 7 shall be carried out exclusively electronically and by technical means that offer traceability and transparency to every citizen. Each approval stage and intermediate step, decision, or stage shall be published without delay on the internet.

4. The necessary common cartographic backgrounds and any other type of geospatial data required to ensure the homogeneity and quality of the data and supporting documents referred to in paragraphs 1 and 2 of Article 3 shall be determined by decision of the Minister of Environment and Energy and provided through the Hellenic Cadastre and Mapping Agency (OKFE), in accordance with the provisions of Law 3852/2010. shall be determined by decision of the Minister of Environment and Energy and provided through the Hellenic Cadastre and Mapping Agency (OKFE), in accordance with the provisions of Law 4172/2013 (A 220).

3882/2010 (A’ 166).

Article 5

Verification of supporting documents

1. a. Building permits are granted within five days of the submission of the required studies and supporting documents, following verification:

aa) the title deed to determine the time of division into separate plots and evidence of the legality of any existing buildings on the property

bb) the topographical diagram and the building diagram with regard to compliance with general and specific urban planning provisions and specifications and the data and calculations contained therein

(c) proof of payment of contributions and deductions for engineering services.

b. The required information for building approval is checked by employees authorized by the Head of the Service who are certified engineers with a university degree, and only in the absence of the above, by lower-level technicians.

c. Observations regarding deficiencies or errors identified during the inspection are recorded with justification on the inspection sheet, and the owner and the design engineer are invited to make the necessary additions – corrections within two months of the application being submitted.

If the application for building approval is not accompanied by the supporting documents referred to in paragraph 1 of Article 3, it shall not be accepted and shall be returned even if it has been registered.

2. In order to issue the building permit, the Technical Department verifies that the submitted file is complete and checks the proof of payment of contributions and deductions referred to in case (i) of paragraph 2 of Article 3. The building permit is issued within two days of the submission of the necessary supporting documents and studies.
3. The file for the issuance of a building permit shall be submitted within twelve months from the date of granting the building approval, in accordance with the general and specific urban planning provisions and regulations in force at the time of its granting.
4. If construction work is interrupted after the issuance of a relevant report by the Building Inspector, all studies and data submitted for the issuance of the building permit are checked by the T.DOM.
5. The approval and building permit for a project constitute a single form. A decision by the Minister of Environment, Energy and Climate Change shall determine the format and content of the single form for building approval and building permits. Building approvals and permits are posted on the internet in accordance with the provisions of Articles 2 and 3 of Law 3861/2010 (A’ 112). Demolition permits for buildings constructed after 1955 shall not be certified by the Police Department and shall not be executed until ten days have elapsed since their publication on the internet, accompanied by photographs of the building to be demolished and a brief description of it.
6. The topographical diagram and the building diagram submitted for building approval, the building permit, and the building license are sent electronically by the T.DOM. to the Directorate of Building and Construction Regulations (D.O.K.K.), the O.K.F.E., and the Land Registry S.A. The method of electronic transmission and cooperation between the T.DOM., the OKFE, and the Land Registry S.A., as well as the technical specifications of these files, are specified in the joint ministerial decision of paragraph 5 of Article 3.

Article 6

Validity, revision, and updating

1. The building permit is valid for one year.

The building permit is valid for four years from the date of issue. For the construction of a building or buildings with a total area of more than 5,000 square meters, it is valid for six years.

For demolitions, excavations, embankments, landscaping, and tree felling, approval and a building permit are issued simultaneously and are valid for one year from the date of issue.

2. The building permit is reviewed upon request by the beneficiary within its period of validity if the supporting documents or diagrams approved by the Technical Department are modified. If diagrams or architectural studies are modified, or other studies are radically changed, or if approvals from other bodies are required, the building permit and the building license shall be revised within the period of validity of the building license.
4. The building permit shall be revised, after its expiry, for the extension of its validity, upon request of the beneficiary and after an on-site inspection:

a. for four years from its expiry date and in accordance with the provisions in force at the time of issue of the revision act, if no construction work has been carried out by the expiry date of the permit

b. for four years from its expiry date and in accordance with the provisions in force at the time of its issue, if, by the expiry date of the permit, the building’s carrying organisation has been terminated,

c. for an indefinite period and in accordance with the provisions in force at the time of its issuance, if, by the expiry date of the permit or its revision, the load-bearing structure, the facades of the building, and the roof of the building, where this is mandatory, have been completed.

d. for one year for demolitions, excavations, embankments, landscaping, tree felling. The permit expires at the end of the second year.

e. If structures located in areas with tourist facilities, in traditional parts of cities, in traditional settlements, in areas of outstanding natural beauty, in archaeological sites, historic sites, and remain unfinished after the expiry of the building permit, significantly affecting the immediate or wider environment, the Municipality shall call upon the owner to complete the construction within four months at the latest. If the above deadline passes without action, the Municipality shall set a new deadline of no more than one month, after which it shall carry out works and constructions, at the discretion of the technical service and the building service of the Municipality, in the surrounding area or at the boundary of the plot of the unfinished construction, in order to prevent the aesthetic degradation of the surrounding area. These constructions may be made of any material appropriate to the case, such as wooden panels, perforated sheet metal surfaces, composite structures with uprights and gaps filled with wood, tarpaulin, or any other material deemed appropriate by the technical and building services of the municipality, provided that: a. it obscures the aesthetically unappealing unfinished construction from public view, b. it aesthetically enhances the surrounding area, c. is generally aesthetically pleasing, and d. has a structural design that ensures the safety of citizens. The cost of carrying out the above work shall be charged to the owner and collected in accordance with the provisions of the KEDE. In addition, a fine shall be imposed, the amount of which, the procedure for imposing it, and any other relevant matter for the implementation of this provision shall be determined by decision of the Minister of Environment and Energy and the competent Minister in each case. If the Municipality fails to take the above actions, they shall be taken by the Special Service for the Inspection and Demolition of Unauthorized Buildings of Article 28 of Law 4014/2011 (A’ 209), either ex officio or following a complaint.

If not completed the aspects within a period of six years from the date of issue of the building permit , may be imposed by the Minister of the Environment, Energy and Climate Change annual fine for maintenance, the amount of which, the procedure for imposing and any other other matter related to the application of this provision is determined by decision of the Minister of the Environment, Energy and Climate Change. The fine shall be waived if the aspects are completed within six months of its imposition by.

5. The building permit shall be revised during its period of validity if the supervising engineer changes, upon request accompanied by:

a) a detailed technical report by the new supervising engineer, containing a description of the stage of the works and photographs of the construction and the surrounding area.

b) a statement by the engineer, who is being replaced, confirming the lawful completion of the works he has supervised, accompanied by a technical report and photographs of the construction and the surrounding area.

6. If a statement of resignation is submitted by the supervising engineer, accompanied by a technical report detailing the work performed, construction work shall be suspended immediately and may only continue after the permit has been revised. The supervisor shall be deemed to have withdrawn from the supervision of the construction work he has undertaken and shall be relieved of his responsibilities only if he declares in writing his withdrawal from supervision to the competent TDOM.

If the supervising engineer is absent without the above statement, T.DOM. may, upon request by the owner or the person having legal rights, proceed to replace him, after an inspection carried out by a Building Inspector to certify the stage of the works and payment of the fee. No construction work shall be carried out until the revision has been granted. When there is a reason to suspend construction work, the competent building authority shall issue a work suspension notice, which shall be immediately communicated to the competent police authority, which shall notify the parties concerned.

8. Retentions and contributions paid upon issuance of the permits shall be offset upon issuance of their revision. 9. The building permit file shall be updated during the period of validity of the building permit in the following cases:

a) change of owner name.

b) modifications to the studies that do not alter the building plan and provided that no approvals from other bodies are required.

c) changes in the dimensions of the building or plot, provided that these deviations do not violate the provisions determining the permitted coverage, the building coefficient and the exploitation coefficient by volume (s.o.) or the mandatory distances of the building from the boundaries of the plot. These deviations may not exceed 2% with a maximum of 10 centimeters for the building or 2% with a maximum of 20 centimeters for the lengths of the sides of the plot.

10. In all of the above cases, the Electronic Project Register (EPR) and the Building Identity are updated. Only the information that has changed is submitted to the Electronic Project Register (EPR). After the revision is issued, the original building permit and any previous revisions are no longer valid with regard to the changed information. If the construction work is interrupted through no fault of the permit holder, either during the initial validity period of the permit or during its validity period after revision, the validity of the building permit shall be extended accordingly, by decision of the Council for Urban Planning Issues and Disputes of Chapter C.

Article 7

Inspection of construction works

1. In order to commence construction work, the owner or the person with legal rights is responsible for:

a. Review of the project’s health and safety plan and file by the competent Labor Inspectorate.

b. inspection of the building permit by the relevant Police Department.

2. Upon issuance of the building permit, a sign shall be placed in a frame, made of suitable durable material, clearly stating the number and date of issue of the permit, the issuing authority, the details of the designers and supervising engineers, and their contact details. The sign, with minimum dimensions of 0.50 x 0.70 m, shall be placed in a prominent position on the property, at a height of more than 1.20 m from the ground.

Copies of the building permit and the designs according to which the work is being carried out must be kept at the construction site.

Failure to comply with the above constitutes grounds for immediate suspension of construction work by the competent municipal authority, which shall immediately notify the competent police authority.

3. Inspection is mandatory for every project carried out with a building permit. Inspections are carried out by a different Building Inspector each time, who conducts an on-site inspection and checks the implementation of the plans on the basis of which the building permit was issued. 4. Inspections are carried out at the following stages:

a) Immediately after completion of formwork, foundation reinforcement, and basement walls.

The inspection concerns compliance with the building plan, the depth of the foundations, the location, the side distances, and the dimensions of the building.

b) Immediately after completion of the load-bearing structure and masonry.

The inspection concerns the external dimensions, height, location of the building, type of masonry, thermal insulation of the building, compliance with the width of the anti-seismic joint, dimensions of the balconies, and infrastructure of the facilities.

c) After the completion of the building.

The inspection concerns the external dimensions, facades, total height, dimensions of semi-open spaces, final levels, configuration of the surrounding area, and planned installations.

5. The number of inspections is determined according to the type of work that is provided for by the work that is provided for by the building permit . In each case there shall be at least one inspection after the completion of the work.

The Minister of Environment, Energy and Climate Change shall determine the number of inspections per category and type of project, the conduct of inspections per engineering specialty and project, as well as any other relevant matter concerning the implementation of this provision.

6. The general supervisor under the building permit is required to notify the T.DOM ten days before the completion of each stage. Inspections are carried out no later than five days after the specified completion date of each stage.
7. The T.DOM. shall notify electronically the Special Building and Energy Inspectors Service of Article 16, which shall appoint the building inspector on the same day by electronic lottery and notify him accordingly, as well as the project owner and the general supervisor. The mandatory inspections are carried out by the appointed building inspector in the presence of the supervising engineers, after they have completed the required information for the creation of the Building Identity.
9. a. If:

aa) the submitted studies were not prepared in accordance with the relevant urban planning provisions or in accordance with the approved data of the topographical diagram and the building diagram, the engineer who prepared the studies shall be subject to a penalty prohibiting him from preparing and signing studies for the issuance of building permits and building licenses and a penalty prohibiting him from supervising construction works for a period of 3 to 12 months, depending on the severity of the violation .

bb) the construction works were not carried out in accordance with the studies that were submitted or in accordance with the approved data of the topographical diagram and the diagram of construction is imposed on the burden of the supervising engineer or ratification of the prohibition of preparation and signing studies for the issuance approval of construction and permit for construction and the ratification of the prohibition supervision construction works from 3 to 12 months depending on the severity of the violation.

b. No penalty shall be imposed on the supervising engineer if he has previously notified the competent building authority and the Special Building and Energy Inspection Service referred to in Article 16 in writing of the relevant violations of the building works.

c. The above penalties are imposed by the Minister of Environment, Energy and Climate Change, following a recommendation by the supervisory board referred to in Article 17 and a prior hearing of the interested party, in accordance with Article 6 of Law 2690/1999 (A’ 45), are recorded in the register referred to in Article 8 and are communicated to the Technical Chambers of Greece, which keep a register of engineers on whom the penalties referred to in this paragraph are imposed and ensure their enforcement.

d. In the event of a repeat offense, as well as when the above violations concern construction work in traditional settlements, archaeological sites, historical sites and monuments, areas of outstanding natural beauty, and protected areas under Article 19 of Law 1650/1986 (A’ 160), as amended by Article 5 of Law 3937/2011 (A’ 60), the penalties shall be doubled.

e. In the event of further recurrence, the above penalties shall be final.

f. The competent building inspectors and employees of the building services are required to immediately inform the supervisory board of Article 17 in writing as soon as they ascertain that violations of this paragraph have been committed.

10. For minor building violations, the supervising engineer shall be fined between €1,000 and €20,000, payable to the State, depending on the degree of the offense, the specific circumstances of the act, and its consequences. The above penalties shall be imposed by the Minister of Environment, Energy and Climate Change, following a recommendation by the supervisory board referred to in Article 17 and a prior hearing of the interested party.

The Minister of Environment, Energy and Climate Change shall determine which infringements are considered minor within the meaning of the previous paragraph. The amount of the fines referred to in the first paragraph shall be adjusted every two years by joint decision of the Ministers of Finance and Environment, Energy and Climate Change.

11. The supervising engineers shall affix their seals to the certificate of completeness provided for in Article 3 of the Regulation provided for in Article 3 of Law 3843/2010 (A’ 62) and the last on-site inspection is carried out.

After the final inspection, the Construction Inspection Certificate (CIC) is issued by the Technical Inspection Department (T.I.D.) and the competent department of the Technical Inspection and Quality Control Agency (T.I.Q.C.A.) and the project owner are notified electronically so that they can raise any objections.

12. After the Construction Inspection Certificate has been issued, the owner submits an application to the Technical Department of Municipalities (T.D.O.M.) for connection to public utility networks, which checks the proof of payment of fees and withholdings for the supervision of engineers and approves the building permit. The building or part thereof with independent operation is considered complete if there are remaining works for which no building permit is required, in accordance with the applicable building regulations. The building permit may also be approved for a completed part of the building, provided that it consists of spaces with independent operation.

After approval, the building permit and license cease to be valid for the completed section.

Article 8

Register of Designers and Supervising Engineers and duties

1. The T.P.E.K.A. maintains a publicly accessible register, which is updated by the S.E.E., containing the details of engineers. This includes the professional qualifications of engineers, their academic titles, specializations, licenses to practice, and specific professional rights.

The registration number is unique for each engineer, and its declaration and verification by the Technical Chamber of Greece (TEE) are prerequisites for the issuance of the approval and building permit.

2. Consulting engineers are responsible for preparing all individual studies in accordance with the provisions in force. Architectural studies concerning listed buildings or newer monuments are carried out exclusively by architectural engineers. 3. Supervising engineers are responsible for each area of supervision:

a) To supervise construction work in accordance with the studies accompanying the building permit and the building license. In all other respects, the provisions of Articles 341 and 342 of the Basic Urban Planning Legislation Code (Presidential Decree of 14.7.1999, D’ 580) shall apply.

b) To complete the required information on the Building Identity in accordance with paragraphs 2 and 3 of Article 4 of Law. 3843/2010.

c) To inform the T.D.O.M. of the date set for the inspection.

Article 9

Special Provisions

1. For parts of the building that include commercial spaces (shops, offices, etc.), the details of the main use space certificate are included in the building identity forms.
2. The owners or those with legal rights shall sign the topographical diagram and shall be responsible for the accuracy of the declared boundaries of their plots and for the existence and cause of their right to request the issuance of a building permit.
3. In addition to the provisions of the applicable specifications, the topographical diagram shall include:

a. dependence of property boundaries on the current state trigonometric network,

b. outline of towards construction project unambiguously defined with rectangular coordinates in the state coordinate system coordinates, c. complete photographic recording.

4. The building plan shall be submitted on a scale of 1:100 or 1:200 and shall include:

a) the plot or field with its dimensions and area.

b) calculations of permitted and actual coverage and building density, maximum permitted height, side and rear distances, projections, calculation of parking space requirements and how these will be met.

c) the outlines of all levels of the building, underground and above ground, including the locations of vertical communication elements (stairwells, elevators), their dimensions, their position in relation to the building lines and the side boundaries of the plot, the projections, recesses, and any other element necessary for calculating the coverage, building area, height, etc. of the building.

In cases of additions, old buildings are also included with all of the above information, their permit numbers or titles or decisions of exemption or suspension of demolition if they are unauthorized.

d) the outlines of surfaces and the calculation of areas for spaces for specific purposes uses of the building which require certificates of primary use.

e) the intersection indicating the maximum height of the ideal solid building and the configuration of the surrounding area in relation to the final ground level, which includes the total height of the building, the maximum permitted height, the heights of the floors, and their levels from the elevation starting point.

f) the views with appropriate representation for the scale presented.

h) the configuration of the surrounding area with the necessary indications for calculating the planting and ground level at each level being configured

g) three-dimensional representation of the structure

5. The Technical Chamber of Greece certifies the final level of the curb (altitude certification) on the topographical diagram. 6. The studies are drafted and presented in accordance with the applicable specifications. A presidential decree issued on the recommendation of the Minister of Environment, Energy and Climate Change shall define the specifications for the drafting and presentation of the accessibility study referred to in paragraph 2 of Article 7. The concept of construction work for the erection of a new building or addition to an existing building includes all work that makes the building fit for use, such as work for the construction of walls or fences, cesspools, underground water tanks, excavations, embankments, and tree felling. A permit is required for independent works involving walls, embankments, or excavations, as well as for tree felling, in accordance with Article 40 of Law 4009/2011.

1337/1983 (Α’ 33).

CHAPTER B

Building Inspectors

Article 10

Property

The status of building inspector is acquired upon the granting of an Inspector’s License.

Building by the Minister of Environment, Energy and Climate Change and its registration in the Register of Building Inspectors

The position of building inspector is incompatible with that of civil servant or employee of a public entity or employee in the broader public sector under public or private law.

Building Inspectors are required to submit a declaration of assets in accordance with the provisions of Law 3213/2003 (A’ 309).

Article 11

Responsibilities

1. Building inspectors have the following responsibilities:

a) inspection of all structures for which a building permit is issued, in accordance with the provisions hereof, as regards the proper implementation and compliance with the studies on the basis of which the permit was issued.

b) inspection of all structures, following a formal complaint or order by ETEEN or the Minister of Environment, Energy and Climate Change.

2. In exercising the above powers, Building Inspectors shall apply the provisions of Article 7 of Law 4412/2016, as amended and in force, and shall be subject to the provisions of Article 10 of Law 4412/2016. 2690/1999. Indicatively it is prohibited to carry out inspections by building inspectors in in a building or parts thereof if:

a) he or she or a legal entity of which he or she is a member, partner, or employee has participated in any way in the study, construction, supervision, management, operation, or maintenance;

b) has a right of ownership, possession, or control, either personally or through a relative up to the second degree of kinship, or through a legal entity of which he or she is a member, partner, or employee.

Article 12

Conditions for obtaining a license

1. Prospective building inspectors must have the following qualifications:

a) be a certified engineer, member of the Technical Chamber of Greece (TEE) or a graduate engineer with a degree in technology or an engineer who has obtained professional recognition in Greece in accordance with the relevant EU and national legislation.

b) have at least four years of proven professional experience in the design, supervision, or construction of buildings.

2. Those interested who meet the above-mentioned qualifications are required to attend specialized seminars lasting at least sixty hours in order to the procedures and the control of buildings, structures and electrical and mechanical installations. After the completion of the seminars exams are held and the relevant certificates of successful examination are issued.

The Minister of Environment, Energy, and Climate Change shall determine the content of the seminars, the bodies responsible for conducting the seminars and examinations, and any other matter relating to the implementation of this decision.

Article 13

Building Inspector License

The building inspector license is granted to those who meet the requirements and hold the Certificate of Successful Examination referred to in Article 12.

The building inspector license is valid for two years from the date of issue. It is not possible for the same person to obtain a new building inspector license unless a period of more than two years has elapsed since the expiry of their previous license.

Article 14

Register of Building Inspectors

1. The Register of Building Inspectors is compiled and maintained by the Special Building Inspectors Service referred to in Article 16, in the form of an electronic database, where Building Inspectors who are granted a Building Inspector License are registered with a sequential Registration Number. The Register is compiled by decentralized administration and by engineering specialty.

Each Building Inspector, upon registration in the Register, is required to declare their professional domicile.

2. The registration number of building inspectors must be indicated on the acts of building inspectors.

Article 15

Building Inspector’s Findings.

1. In the case of paragraph 1(a) of Article 11, the building inspector shall draw up a report which shall be sent to the Technical Chamber of Greece (TEE) and a copy thereof to the Special Building Inspectors Service of the Technical Chamber of Greece (ETE).
2. If no violations are found, the building inspector shall draw up a report and send it to the Technical Department. The Technical Department shall inform the project owner and the supervising engineer that work may continue.
3. If violations are found:

a. The Technical Department imposes the penalties and fines provided for in the building inspector’s findings.

b. A copy of the T.D.O.M. act, to which the building inspector’s findings are attached, is sent to the project owner, the supervising engineer, and the competent police authority, which suspends the construction work without further notice and monitors compliance with the suspension.

c. The municipality of the competent T.D.O.M. is required to post the findings on the municipal notice board on the same day and keep them there for 20 days. Failure by the municipality to post the report does not prevent the further proceedings from going ahead. In all other respects, the provisions of Presidential Decree 267/1998 (A’ 195) apply.

4. In the case b of paragraph 1 of Article 11, shall be drawn up by the building inspector and shall be sent to the T.D.O.M. is sent to the T.DOM., in accordance with the provisions set out in the previous paragraphs. The provisions of Article 1 of Chapter A shall apply mutatis mutandis.

Article 16

Establishment of a Special Building and Energy Inspectors Service

(ETEDEN)

1. The work of the Building Inspectors and the proper performance of their duties are controlled and monitored by the Special Energy Inspectors Service (ETEEPEN) of Law 3818/2010 (A’ 17), which is renamed the Special Building and Energy Inspectors Service (ETEEN), through ex officio random checks or following complaints in buildings that have been inspected by building inspectors.
2. The work of ETEDEN is carried out through the General Inspectorate of Presidential Decree 72/2010 (A’ 132), which is also entrusted with the responsibilities of the present, as well as two autonomous unified administrative units:

a. the Special Building Inspectors Service (SBIS), which is hereby established, and

b. the Special Energy Inspectors Service (ETEpen), which has been established in accordance with Presidential Decree 72/2010 and which report directly to the General Inspector of ETEPEN, renamed General Inspector of ETEDEN, who supervises and controls the work of ETEDEN. The appointment of the General Inspector is made by decision of the Minister of Environment, Energy and Climate Change, following a recommendation by the Special Secretary for Environmental and Energy Inspection.

3. The ETE and ETEPEN are headed by Assistant General Inspectors of Construction and Energy, respectively, who are permanent civil servants in the PE Engineering sector with grade A, with the corresponding scientific and cognitive field and relevant experience, and have at least four years of service in a position of Head of Department, with a five-year term, which may be extended or renewed, depending on service needs.

The appointment of Building Inspectors is made by decision of the Minister of Environment, Energy and Climate Change, following a relevant recommendation by the Secretary General for Taxation and Urban Environment and the Energy Inspectors, following a relevant recommendation by the Special Secretary for Environmental and Energy Inspection.

The remuneration of Assistant General Inspectors is set at 75% of the remuneration provided for each time for a Director General of a Ministry. The term of office of the General Inspector and the two Assistant General Inspectors is considered as time spent performing the duties of Head of a Ministry Directorate.

4. The ETE has the same administrative structure as the ETEP and is organized into unified administrative sectors, geographically distributed, with headquarters in the respective regions of the country and with territorial jurisdiction in the areas of supervision of the respective regions, which fall under the General Inspectorate of the Special Building and Energy Inspectors Service (ETEDEN).

As a priority, two distinct Sectors are established, as follows:

a. Southern Greece, with territorial jurisdiction over the regions of Attica, Central Greece, Western Greece, the Peloponnese, and the Ionian Islands

Islands, South Aegean, Crete

b. Northern Greece, with territorial jurisdiction over the regions of Central Macedonia, Eastern Macedonia and Thrace, Western Macedonia, Thessaly, Epirus, and the North Aegean.

5. The ETE departments are headed by Department Heads, who are permanent civil servants in the PE Engineers branch with grade A, with relevant scientific and cognitive expertise and experience, and who have at least three years’ service in a senior position, based in Athens for the Southern Greece Division and Thessaloniki for the Northern Greece Division, with a five-year term, which may be extended or renewed, depending on service needs.

They are appointed by decision of the Minister of Environment, Energy and Climate Change, following a relevant recommendation by the Secretary General for Taxation and Urban Environment. The term of office of the Chief Inspectors is considered as time spent performing the duties of Head of a Ministry Directorate and they are paid the corresponding allowance for a position of responsibility.

6. Since its establishment as ETEPEN, ETEKEN has been staffed by:

a) permanent civil servants, following appointment in accordance with the provisions of Law 2190/1994 (A’ 28) or transfer from the State or public legal entity or relocation in accordance with the provisions of Law 3528/2007 (A’ 26),

b) employees with permanent private-law employment contracts, following transfer from the public sector or public entities or relocation, in accordance with the provisions of Presidential Decree 410/1988 (A’ 191),

c) permanent civil servants or employees with indefinite-term private-law employment contracts, serving in the civil service or the wider public sector, following secondment, by decision of the relevant Minister and the Minister of the Environment, Energy and Climate Change, without the opinion of the Service Council or other body, by way of derogation from the provisions in force. The duration of the secondment is set at three years and may be extended or renewed for service needs.

7. The following are provided for the staffing of ETEEN:

a. For the General Inspectorate, additionally, five positions in the PE Engineering sector and three positions in the PE Administrative-Financial sector.

b. For ETEPEN, in addition, five positions in the PE Engineering sector and four positions in the PE Administrative-Financial sector, apart from the position of Assistant General Energy Inspector.

c. For the ETE, in addition to the position of Assistant General Building Inspector and the two Deputy Inspectors of its Departments, fifty positions for permanent staff are provided for, with the following specializations:

thirty-five positions in the PE Engineering sector five positions in the SE Engineering sector

four positions in the Administrative-Financial sector two positions in the IT sector

four positions in the Administrative-Financial sector with IT skills.

8. Those employees of the ETE who are certified engineers or graduates of technological education programs are appointed as Building Inspectors after attending seminars similar to those for Building Controllers so that they can carry out inspections on any public or private building or building or housing project, with on-site inspections, as well as measurements, and collecting any information useful for carrying out the inspection. This applies regardless of any other authority’s competence to carry out a similar inspection.

9. After each inspection, the Building Inspectors who carried out the inspection draw up an inspection report. If violations are found, the relevant report is delivered by registered mail to the building inspector who conducted the inspection, who is summoned to a hearing in accordance with the provisions of Article 6 of Law 4462/2017. 2690/

After the hearing or the ineffective expiry of the deadline for its completion, the Building Inspector draws up a reasoned act certifying or not certifying the violation, which is signed by the General Inspector of ETEEN.

10. A copy of the infringement notice and the complete case file shall be sent to the Supervisory Board for disciplinary review. By decision of the Special Secretary for Environmental and Energy Inspection, following a recommendation by the General Inspector of ETEEN, issues relating to the proper functioning of ETEEN, the distribution of responsibilities among the Departments per Sector, as well as any other relevant issues.

Article 17

Establishment of a Supervisory Board

1. A five-member Supervisory Board is established, which is formed by decision of the Minister of Environment and Energy and consists of:

a. the Special Secretary for Environmental and Energy Inspection as Chair, with the General Inspector of ETEEN as his/her deputy.

b. Assistant to the Legal Advisor’s office at TPEKA, with his deputy.

c. the Assistant Building Inspector of the Special Building Inspectors Service of ETEEN, with his deputy.

d. Director of TPEKA, with his deputy

e. Representative of the Technical Chamber of Greece, with his/her deputy.

2. The duties of Secretary of the Supervisory Board shall be performed by an employee of E.T.E.D. appointed by the same decision, together with his/her deputy. 3. The term of office of the members of the Supervisory Board shall be three years.

Article 18

Responsibilities of the Supervisory Board

1. The Supervisory Board examines the violations identified in the ETEDEN violation confirmation notice and, provided that the building inspector:

a. provides or submits inaccurate information and supporting documents,

b. violates the duty of confidentiality and secrecy regarding the use of data and information gathered in the course of performing their duties,

c. misuses his position,

d. performs his duties inadequately,

recommends to the Minister of Environment and Energy the imposition of administrative sanctions, taking into account the information in the relevant file submitted by ETEEN. It also informs the competent disciplinary body and, if there are indications of criminal offenses, the competent prosecutor.

2. The administrative penalties are imposed by means of a reasoned decision of the Minister of the Ministry of Environment, Energy and Climate Change Minister of the Environment, Energy and Climate Change, taking into account as criteria in particular the type and severity of the violation the type and severity of the violation and the severity of the infringement, the consequences that arise from it, the surface area of the building under inspection control building, the degree of fault as follows:

a. payment of a fine

b. disqualification of the Building Inspector from conducting inspections for a period of one to three years; and

c. permanent removal of the Building Inspector from the Register, especially in the case of recurrence after exclusion.

3. Any administrative penalty imposed shall be recorded in the Register of Building Inspectors, and any fines imposed shall be certified and collected on behalf of the State, in accordance with the provisions of the K.E.D.E. (Code of Administrative Procedure).
4. A Building Inspector whose license has been revoked must surrender his license within ten days of being notified of the relevant decision.

Article 19

Authorizing Provisions

By decision of the Minister of Environment, Energy and Climate Change and the competent Minister, as applicable, the following shall be determined:

a. the rules and principles governing the performance of the work of building inspectors and their distribution among decentralized administrations,

b. the method of calculating the fees of building inspectors in relation to the surface area, type, and category of the construction, the time and procedure for their payment, the obligation to pay and the amount of the fee for examining the complaint, the percentage of the amount of the single special fine for unauthorized construction to be used to pay the compensation of building inspectors, and any other relevant matters.

c. any relevant matter concerning the conditions for acquiring and maintaining the status of building inspector, their replacement, the monitoring of the performance of their duties, and the exercise of disciplinary control.

d. every issue related to the training and management of the Register of Building Inspectors of Construction.

e. the determination of the monetary amount of the fine referred to in Article 18.

f. matters relating to the functioning of the Supervisory Board.

CHAPTER C

Architectural Councils

and Councils for Urban Planning Issues and Disputes

Article 20

Architectural Councils (AC)

Composition

By decision of the competent Secretary General of Decentralized Administration, “Architectural Councils” (AC) are established in each regional unit.

In island regions, “Architectural Councils” (AC) may be established with jurisdiction over several regional units.

Article 21

Responsibilities

1. Architectural Councils are responsible for issuing opinions on architectural studies in the following cases:

a. For any construction work on buildings or land located in traditional parts of cities, traditional settlements, historical sites, areas of outstanding natural beauty, archaeological sites, as well as churches and special buildings.

b. For any construction work on buildings or spaces that have been declared preservable or, at the discretion of the Building Service, the Minister of Environment, Energy and Climate Change or the Secretary General of the relevant Decentralized Administration or other competent service may be designated as listed, as well as buildings or land that are in contact with a building or site that has been declared listed.

c. For every construction project, which is referred by the Minister of the Environment, Energy and Climate Change or the services of the Decentralized Administration.

d. For construction projects involving the configuration of public or undeveloped spaces, except in cases where an architectural competition has been held.

e. For architectural designs that differ from the morphological elements and typology imposed by specific provisions established for each region.

f. For all cases of demolition permits for buildings constructed before 1955.

2. In the event of a report being drawn up on structures in buildings or plots of land that are in danger of collapsing, located in historic city centers, traditional settlements, historic sites, areas of outstanding natural beauty, as well as buildings or spaces that have been declared preservable or may be designated as preservable, the Architecture Council shall issue an opinion and formulate proposals within 15 days of its submission on the possibility and means of preserving them.

Article 22

Composition

1. The “Architectural Councils” consist of four members, namely:

a. An architect, employee of the Decentralized Administration, as President of the SA, with his deputy. In cases where it is not possible to fill the above position, an architect employed by the Region or another state body may be appointed as President of the SA.

b. An architect who is a member of the teaching staff or an employee of the Ministries of Environment, Energy, and Climate Change or Culture and Tourism with responsibility for newer monuments, or of the General Secretariat for the Aegean or the Region, with his or her deputy.

c. Two private architects who meet the criteria described below, with their deputies.

2. The members referred to in paragraph 1(c) shall be selected by lot from registers kept in each regional unit, under the supervision of the Secretary General of Taxation and Urban Environment and the Secretary General of the relevant Decentralized Administration, and are drawn up with the opinion of the S.E.E. and the Association of Architects with Higher Education Degrees – Panhellenic Union of Architects (SADAS PEA).
3. The Secretary of the Council and his/her deputy shall be appointed from among the employees of the relevant Decentralized Administration or, if there are none, from among the employees of the Region.

Article 23

Qualifications

The registers created by decision of the Minister of Environment, Energy and Climate Change, which are kept at the Technical Chamber of Greece, include architects who meet two of the following conditions:

a. Six years of architectural experience.

b. Distinction in architectural competitions.

c. Publications on architectural topics.

d. Master’s or doctoral degree in architecture.

Article 24

Term of office

1. The term of office of SA members is two years. After the end of their term of office, the same persons may not be appointed as SA members unless an interval of more than four years has elapsed. If the Secretary General of the relevant Decentralized Administration decides that there are not enough candidates with the required qualifications, the term of office of two members may be renewed.

Article 25

Operation

1. The President sets regular dates for Council meetings. In the event of an extraordinary meeting, the members of the Council are notified by the President or the Secretary at least three days before the meeting. The Council shall meet at least every fifteen (15) days. The Council shall issue its decision within thirty days of the date of submission of the study file. Interested parties have the right to attend the council meetings to present their views, but not during the decision-making process. A negative opinion must be justified. The reasons shall be recorded in detail in the relevant minutes of the meeting. 3. In the case of paragraph 1(e) of Article 21, a three-quarters majority is required for a positive opinion to be issued. 4. The interested party may lodge an appeal against the decisions of the Architecture Council concerning the cases referred to in paragraph 1(e) of Article 21 within thirty days of becoming aware of them. The objection shall be lodged before the council, which shall forward the relevant file to the Central Architecture Council.

Article 26

Central Council of Architecture (KESA)

Composition

The Central Council of Architecture (KESA) is established within the Ministry of Environment, Energy and Climate Change (TEPCA) by decision of the Minister of TEPCA.

Article 27

Responsibilities.

The Central Council of Architecture has the following responsibilities:

a. makes recommendations and gives opinions to the Minister of Environment, Energy and Climate Change on matters relating to architectural design, either on its own initiative or following a relevant inquiry from the Minister.

b. provides opinions in specific cases and after thorough consideration on the architectural studies referred to in Article 21(e), which are forwarded to it by the Architectural Councils.

c. decides on appeals lodged against the decisions of the Architectural Councils in the case referred to in Article 21(e).

Article 28

Composition

The Central Council of Architecture is nine-member and consists of:

a. the Secretary General for Taxation and Urban Environment of the Ministry of Environment, Energy and Climate Change, as Chairman.

b. the Legal Adviser to the State at the Ministry of Environment, Energy and Climate Change, who is replaced by another Legal Adviser or Assistant Legal Adviser from his office

Legal Advisor at TPEKA

c. two architects Directors of the Ministry of Environment, Energy and Climate Change, with their deputies their.

d. an architect from the Ministry of Culture and Tourism, with his/her deputy.

e. an architect who is a member of the teaching staff of the School of Architecture, with his/her deputy.

f. two architects, representatives of the SEE and SADAS-PEA respectively, with their deputies. The representatives of the SEE and SADAS-PEA are selected from lists submitted and must have the qualifications specified in Article 24 and specialization or experience in bioclimatic architecture or architectural heritage.

g. an architect with expertise or experience in landscape design.

The decision to establish the Central Council of Architecture also appoints the Deputy Secretary General of the Ministry of Environment, Energy and Climate Change as President of the Council.

Secretary of the Council and deputy is appointed by the above decision of the Minister of PEKA employee of the Ministry of PEKA.

Article 29

Operation

1. The President shall set regular dates for Council meetings. In the event of an extraordinary meeting, the members of the Council shall be notified by the President or the Secretary at least three days prior to the meeting. The Council shall issue its opinion within fifteen days of the date of transmission of the study file by the Architecture Council. Interested parties have the right to attend the Council meeting to present their views, but not when the decision is taken. A negative opinion must be clearly justified. The reasons shall be recorded in detail in the relevant minutes of the meeting.

Article 30

Councils for Urban Planning Issues and Disputes (STPOTA)

Composition

By decision of the competent Secretary General of Decentralized Administration, “Councils for Urban Planning Issues and Disputes” (ΣΤΠΟΘΑ) are established at the headquarters of each regional unit.

In island regions, “Urban Planning and Disputes Councils” may be established with jurisdiction over several regional units.

Article 31

Responsibilities

The Urban Planning and Appeals Councils (STPOTA) have the following responsibilities

a. They examine appeals against the findings of building inspectors.

b. They examine appeals against acts or omissions of the bodies of the T.D.O.M., issued in accordance with this law and the legislation on arbitrary acts.

c. Exercise the powers of the Councils for Taxation, Settlement, and the Environment referred to in Article 4 of Joint Decision No. 75724/1151/1983 of the Ministers of the Presidency of the Government and Taxation, Settlement, and the Environment (B’ 767).

Matters of major importance may be referred to the Central Council for Urban Planning Issues and Disputes referred to in Article 36.

Article 32

Composition

The Council for Urban Planning Issues and Disputes (STPOTA) has five members and consists of:

a. The President, the Deputy President of the NSC office at the seat of the regional unit of the Council, with his/her deputy, and if there is no Deputy President, a judicial representative. If there is no NSC office at the Council’s headquarters, the above members are appointed by the NSC office of the nearest regional unit as President, with his/her deputy.

b. Vice-President, chief engineer of the competent Directorate for Urban Planning and Taxation of the relevant decentralized Administration or, if there is no such Directorate, of the relevant Regional Directorate or, if there is no such Directorate, the head of the Regional Department, with his/her deputy.

c. An engineer, grade A employee, of the competent Directorate for Urban Planning and Taxation of the relevant decentralized Administration or, if there is no such directorate, an employee of the relevant Directorate of the Region, or, if there is no such directorate, an employee of a department of the Region, with his/her deputy.

d. An engineer, representative of the SEE, with experience in spatial planning and urban development, with his/her deputy. The representatives of the SEE are selected from lists submitted by the SEE following an electronic draw.

e. An engineer, representative of the Regional Union of Municipalities, with experience in spatial planning and urban development, with his/her deputy.

The secretary of the Council and the deputy secretary shall be appointed from among the employees of the relevant Decentralized Administration or, if there are none, from among the employees of the Region.

Article 33

Exercise appeals

1. Appeals may be lodged against the findings of building inspectors and the acts or omissions of the T.D.O.M. bodies, issued in accordance with this law and the legislation on unauthorized construction, an appeal may be lodged on grounds of legality with the competent Council for Urban Planning Issues and Disputes of the regional unit.
2. The appeal shall be lodged within thirty days by filing with the protocol of the Building Authority which notified the act. For the admissibility of the appeal payment of a fee in the amount of fifty euros is required. If the appeal is accepted, the fee shall be refunded. The amounts of the fees constitute revenue of the state budget.

Article 34

Appeal Examination Procedure – Imposition of Fines

1. The competent Building Authority forwards the case file to the Town Planning and Appeals Council, which is responsible for issuing a decision. The appellant is invited to attend the Council meeting by means of a summons, which is served at least ten days before the meeting.

The decision shall be taken after the appellant has left. The decision on the appeal shall be issued within one month of its lodging.

2. Fines imposed in cases of unauthorized construction, for which either no administrative appeal has been lodged or an appeal has been lodged and rejected, shall be sent within fifteen days by the competent officials of the TDOM to the competent DOT for certification and collection.

A copy of the above acts shall be sent by the competent officials of the TDOM, who issued them, to the President of the competent Council for Urban Planning Issues and Disputes.

An employee who violates the obligations of the above provisions shall be punished with a deduction of 15 days to 3 months’ salary. Disciplinary proceedings shall be initiated within fifteen days. The same penalty shall be imposed on the disciplinary superior who fails to initiate disciplinary proceedings against the employee responsible in accordance with the preceding paragraphs.

Article 35

Central Council for Urban Planning Issues and Disputes

(KESTOPHA)

Composition

The “Central Council for Urban Planning Issues and Disputes (KESTPOTA)” is established within the Ministry of Environment, Energy and Climate Change (TEPCA) by decision of the Minister of TEPCA.

Article 36

Responsibilities

The Central Council for Urban Planning Issues and Disputes exercises the powers of the Central Council of Taxation, Settlement and Environment, of Article 2 of No. 75724/1151/1983 joint decision of the Ministers of the Presidency of the Government and Taxation, Settlement and Environment (B’ 767).

Article 37

Composition

The Central Council for Urban Planning Issues and Disputes has seven members and consists of:

a. the Secretary General for Taxation and Urban Environment of the

Ministry of Environment, Energy and Climate Change, as President

b. the Legal Adviser to the State at the Ministry of Environment, Energy and Climate Change, who is replaced by another Legal Adviser or Assistant Legal Adviser from his office

Legal Advisor at TPEKA

c. the Director General of Urban Planning of the Ministry of Environment, Energy and Climate Change, with his deputy

δ. δύο Διευθυντές του Τπουργείου ΠΕΚΑ, με τους αναπληρωτές τους

e. one mechanical engineer, representative of the SEV, with experience in matters of spatial planning and urban planning, with the deputy of

f. one mechanical, representative of the Union of Regions of Greece , with experience in matters of spatial planning and urban planning, with his deputy of.

With the decision to establish the Central Council for Urban Planning Issues and Disputes is appointed and the deputy of the General Secretary of Taxation and Urban Environment of the Ministry of Environment, Energy and Climate Change as Chairman of the Council.

Secretary of the Council and deputy is appointed by the above decision of the Minister of PEKA employee of the Ministry of PEKA.

Article 38

Restructuring of the Services of the General Directorate of Urban Planning, the

Ministry of Environment, Energy and Climate Change (TEPCA)

1. Establishment of the Architecture Directorate

An Architecture Directorate is recommended within the General Directorate of Urban Planning, the General Secretariat for Spatial Planning and Urban Environment, and the Ministry of Environment, Energy, and Climate Change. The purpose of the Architecture Directorate is to preserve, protect, and promote traditional buildings and residential complexes and to promote contemporary architectural creation. The Architecture Directorate consists of five departments, as follows:

a) Department of Historical Centers (Traditional City Bands), with the following responsibilities:

aa) The study and care for the designation of parts of cities (historic centers) as traditional and the definition of their protection zones.

bb) The drafting and approval of standards, specifications, regulations, and special studies and programs relating to urban planning, city design, building conditions, land use, and the morphological condition of historic centers and their protection zones.

b) Department of Traditional Settlements, with the following responsibilities: aa) The study and care for the designation of settlements or parts thereof as traditional and the determination of their protection zones bb) The drafting and approval of standards, specifications, regulations, and special studies and programs relating to urban planning, city design, building conditions, land use, morphological status, promotion, restoration, and regeneration of traditional settlements, their protection zones, and archaeological sites and historical places under Law 3028/2002 (A’ 153).

(c) Providing guidance to OSA agencies and other competent bodies on matters relating to traditional settlements.

c. Department of Preserved Buildings, with the following responsibilities:

aa) The study and care for the designation of architectural complexes, buildings or parts thereof and other elements of the man-made environment as preservable, as well as the determination of their protection zones bb) The drafting and approval of standards, specifications, regulations, and special studies and programs relating to specific building conditions, uses, morphological status, and the promotion of listed buildings and other elements of the man-made environment

c) Reviewing requests for the demolition of noteworthy buildings d) Maintaining a record of Preserved Buildings, Traditional Complexes, and the Directorate’s studies.

ee) Providing guidance to OSA bodies and other competent bodies on architectural issues.

d) Department of Contemporary Architecture, with the following responsibilities:

aa) The drafting and approval of standards, specifications, regulations, and special studies and programs relating to contemporary architectural design and urban infrastructure in public open spaces, incorporating new technologies and environmentally friendly building materials. (bb) Monitoring international developments in the fields of contemporary architecture, the creative integration of traditional standards, new technologies and building materials in this field, and the promotion of architecture in general through the organisation of architectural competitions, exhibitions and other activities cc) Taking care of the international relations, activities, and obligations of the Ministry with regard to the subject matter and responsibilities of the Directorate.

e) Building Coefficient Transfer Department (M.S.D.), with the following responsibilities:

All matters relating to the process of reviewing, approving, and documenting requests for the transfer of building coefficients and providing relevant instructions.

The Office of the Historical Center of the City of Athens, with the responsibilities referred to in Decision No. 85782/5435/1996 of the Minister of Environment, Taxation and Public Works (B’ 693) and its staff, is merged into the sub-department referred to in case a.

2.a) The Traditional Settlements Department of the Urban Planning Directorate, along with its positions and staff, is transferred to the Architecture Directorate, which will exercise its responsibilities.

b) The Building Coefficient Transfer Department (M.S.D.) of the Building and Construction Regulations Directorate is transferred to the Architecture Directorate, which shall exercise its powers.

c) The Office of the Historical Center of the City of Athens of the Urban Planning Directorate, with its positions and staff, is transferred to the Architecture Directorate, which exercises its responsibilities.

The positions, staff, and responsibilities that are transferred are distributed among the departments of the Directorate by decision of the Minister of Environment and Energy.

3. The Directorate of Housing Policy and Housing is abolished.

a) The positions, staff, and responsibilities of the Departments of Housing Policy and Organized Residential Development and Housing Programs, except those related to the organization of architectural competitions, are transferred to the Urban Planning Directorate and exercised by the new Department of Organized Residential Development and Housing Policy.

b) The positions, staff, and responsibilities of the Building and Housing Standards Department are transferred to the Architecture Directorate and exercised by the new Department of Contemporary Architecture.

c) The positions, staff, and responsibilities of the Building Cooperatives Department are transferred to the Small Settlements Department, and

Holiday Home of the Urban Planning Regulation Department.

4. A new department and an office are recommended for the Urban Planning Directorate, as follows:

a. Department of Organized Residential Development and Housing Policy, with the following responsibilities:

aa) Formulating housing policy within the framework of the country’s development and economic policy guidelines, in cooperation with other competent bodies, and proposing institutional and other measures (incentives) for the implementation of land and housing policy.

bb) Monitoring and coordinating research in the above areas and making recommendations for the commissioning of studies to carry out such research.

c) Monitoring housing programs run by public bodies and organized residential development programs run by building cooperatives and private individuals, and ensuring the approval of the relevant urban planning studies and projects.

dd) Approval and supervision of the implementation of a social program for the construction of buildings. ee) Maintenance of a study archive.

b) Office of Expropriations of Expropriation, with the following responsibilities:

Responsibility for reviewing, providing drafting guidelines, and approving urban planning regulations and amendments to approved street plans following the lifting of expropriation or seizure.

5. A Department of Regulatory Plans for Cities and Residential Structures is established within the Taxation Directorate, to which the existing Department of Residential Structures of the same Directorate is transferred with its responsibilities, which is abolished, and which shall also have the following responsibilities:

aa) Promoting the approval of Regulatory Plans and Environmental Protection Programs for urban complexes in the country, supervising and coordinating with the organizations implementing these plans, and monitoring their programs.

bb) Harmonization with European urban policy, monitoring urban development by controlling urban interventions and urban regeneration programs in accordance with the guidelines of the Regulatory Plans and European policy, and developing indicators for monitoring urban environmental interventions in medium-sized urban centers .

(c) The drafting of an annual report to the Minister of Environment, Energy and Climate Change, accompanied by the corresponding reports of the Regulatory Plan Organizations, which includes an assessment of the progress of the Organizations’ actions and urban development, as well as any proposals for a new framework of urban interventions in the residential complexes of the Regulatory Plans.

dd) The evaluation, control, and promotion for approval of any amendments and specifications to the initial presidential decrees of the Regulatory Plans. ee) Drafting standards and specifications and designing Kallikratis municipalities. f) Monitoring the preparation of regulatory plan studies, providing drafting guidelines, and approving them.

6. By decision of the Minister of Environment, Energy and Climate Change, the above responsibilities of the Urban Planning and Architecture Directorates may be allocated and redistributed among their subordinate organizational units.

Article 39

Regulation of Building Cooperatives

1. The supervision of Building Cooperatives (O.S.) falls under the jurisdiction of the Ministry of Finance, in accordance with Law 1667/1986 (A’ 196). The Technical Chamber of Greece (TEKA) supervises building cooperatives only in matters falling within its remit, i.e. in particular with regard to zoning and urban planning procedures, the setting of building conditions and restrictions, the approval of environmental impact studies, and energy issues.
2. A prerequisite for the establishment of Building Cooperatives is the issuance of a certificate by the competent Directorate of the Technical Chamber of Greece (TEKA) stating that the proposed area is within a specially regulated urban planning zone (PERPO).
3. Within an exclusive period of ten years from the approval of the urban planning study, the technical infrastructure works on the O.S. land must be completed.
4. Local Government Organizations (LGO) within whose administrative boundaries the O.S. areas fall may undertake to execute or complete the technical infrastructure projects, as specified in the relevant project studies, urban planning studies, and the corresponding programs for their completion. The implementation of the previous paragraph requires a decision by the General Assembly of the members of the O.S., as well as a decision by the competent council of the relevant O.S.A.
5. In the case of paragraph 4, the compensatory measure of exempting O.S. from the cash contribution shall cease to apply. For the construction of technical infrastructure projects, a cash payment shall be imposed on the relevant O.S.A., which shall be certified by the competent service of the O.S.A. and collected through the public revenue collection procedure. The owners of the cooperative shares, as implemented by the application of the street plan, as well as the building cooperatives that have undistributed cooperative shares in their ownership, are liable for the payment of the above amount. The amount is proportional to the value of the works to be constructed.
6. For the implementation of paragraphs 4 and 5, the competent services of the relevant O.S.A. are required to carry out a preliminary assessment of the technical infrastructure projects from an economic and technical point of view.

The above estimate is ratified by a decision of the competent council, which takes the place of a decision to undertake the infrastructure projects in question. The decision to undertake these infrastructure projects is communicated without delay by OSA to the competent urban planning authorities, with an order to suspend the issuance of building permits for as long as necessary for O.S.A. to prepare studies for the infrastructure projects, so that their implementation is not hindered and their proper execution is ensured.

After completion of the above process, the O.S.A. undertakes the preparation of technical infrastructure projects in the residential areas of the O.S. and includes them in their budgets and programs in accordance with the provisions in force.

7. Notwithstanding the provisions of the preceding paragraphs, within six months of the publication of this document, following a relevant decision by their General Assembly of members, choose to enter into contracts with the O.S.A. for the joint construction of projects or in any other way contractually bind themselves. The relevant contracts shall specify the terms and conditions for the construction of infrastructure projects, the conclusion of any loans, charges, payment of contributions, the collection mechanism and penalties for its enforcement, any joint selection of a project construction entity, the regulation of issues relating to the contractual obligations already undertaken by the OS, the times and deadlines, measures and safeguards for compliance with contractual obligations, issues of supervision and control of projects, cooperation with other public or private sector entities, contractual substitutions, dispute resolution.
8. In any case, after the deadline specified in paragraph 3 has passed, the execution of infrastructure projects shall be subject to the relevant O.S.A.

In this case, the provisions of paragraph 5 shall apply mutatis mutandis.

9. The responsibility for controlling and supervising infrastructure projects (budget, proper construction, completion schedule) lies with the Region to which the Municipality where the O.S. is located belongs.
10. The completion of infrastructure projects is a prerequisite for the issuance of building permits.
11. When the O.S. have fulfilled their purpose, they may, by decision of the General Assembly of their members, operate for a maximum of ten years as an association for the further management of the commons. Thereafter, their land and responsibility for the maintenance of common areas and technical works shall be transferred to the relevant municipalities.
12. For those O.S. that do not implement the urban planning study within the deadline specified in paragraph 3, their urban planning study shall be revoked and they shall be automatically dissolved, following a confirmatory act by the competent Regional Governor. Those O.S. that undertake the execution of infrastructure projects on their land, but fail to meet the deadline, shall be dissolved following a relevant decision by the competent court at the request of the Region, and the projects shall be undertaken by the OSA.
13. Those existing prior to January 16, 1984, with an approved street plan are henceforth governed by the provisions of Law 1667/1986. Those who have not yet completed their infrastructure projects must complete them either themselves or in accordance with the provisions of paragraphs 4-7 within eighteen months of the publication of this law. After the expiry of the above deadline, the relevant O.S.A. shall undertake the completion of the works.
14. The term of the O.S. is extended for two years in order to harmonize their statutes in accordance with the provisions of this article and to submit a timetable – infrastructure project report for approval to the Region.

Article 40

Issues relating to waste from excavation, construction, and demolition (ECD)

1. The installation of waste treatment plants for excavation, construction, and demolition waste (AEKK) is permitted in inactive quarries, regardless of their ownership status. These quarries include those specified in Article 33 of Law 3164/2003 (A’ 176) as sites suitable for integrated waste management facilities (IWMF). The operation of CDW treatment facilities in quarries must not be extended beyond the quarry restoration period specified in the contractor’s assignment contract. The disposal of excavation products from public works, including concession projects, in inactive quarries for their partial or total restoration after the preparation of a restoration study that includes a phytotechnical study and the issuance of an Environmental Terms Approval Decision (A.E.P.O.).
3. The restoration of public land is carried out at the expense and under the supervision of approved alternative management systems for construction and demolition waste. For the restoration of each quarry, a tender is announced by the Decentralized Administration in accordance with the provisions in force, with bids submitted on the basis of a restoration study. The restoration is supervised by the contracting authority in cooperation with the competent bodies. Paragraph 11 of Article 11 of Decision 36259/1757/E103/2010 of the Ministers of the Environment, Energy and Climate Change and Economy, Competitiveness and Shipping (B’ 1312) is repealed.

5. The exemption of waste category 17 05 06 of the European Waste Catalogue from the quantitative targets for the recovery of waste from construction, excavation, and demolition waste set out in Article 12 of Decision 36259/1757/E103/2010 of the Ministers of the Environment, Energy and Climate Change and Economy, Competitiveness, and Shipping.

Article 41

Amendments to Law 2742/1999

1. In paragraph 2 of Article 2 of Law 2742/1999 (A’ 207), as supplemented by paragraph 4 of Article 8 of Law 3851/2010 (A’ 85), and after case (l), case (m) is added as follows: “m. The integrated management of the marine environment in conjunction with coastal areas, through the coordination and harmonization of individual policies, programs, and investment plans for the development of productive activities, as well as sports and recreational activities carried out by various entities in the same area, with the aim of protecting the marine ecosystem and promoting integrated and sustainable development.”

2. The fourth subparagraph of paragraph 1 of Article 7 of Law 2742/1999 is replaced as follows:

“- certain specific areas of the national territory, such as maritime areas, coastal and island areas, mountainous and problematic areas, areas covered by international or European environmental protection agreements, as well as other parts of the national territory that present critical environmental, developmental, and social problems.”

Article 42

Other provisions

1.a. Paragraph 2 of Article 7 of Presidential Decree No. 153 of April 13, 1929, is replaced as follows: “The committee shall consist of three members: two civil engineers who are civil servants and one private architect with expertise or experience in the maintenance and restoration of traditional buildings. The committee shall be appointed by the Secretary General of the Decentralized Administration.”

b. The above provisions are specified in detail by presidential decree issued on the recommendation of the Minister of Environment, Energy, and Climate Change and the competent minister in each case.

2. The provision of paragraph 1 of Article 24 shall also apply to

Councils for Taxation, Settlement, and the Environment of the General Secretariat for Aegean and Island Policy. Upon publication of this document, the term of office of the members of the above councils shall expire.

3. Paragraph 2 of Article 5 of Presidential Decree 24/31-5-1985 (D’ 270) (Article 166 of the Basic Urban Planning Legislation Code) is replaced as follows:

“2. The construction of single-use special stores (hypermarkets, department stores, shopping centers, and stores intended for the organization of social events) is permitted, notwithstanding the provisions of the previous paragraph and Article 1, which concerns:

a) The coverage ratio, which may not exceed 20%

b) The height, which may not exceed 9 meters.

c) The total floor area may exceed 600 m2, provided that the building coefficient does not exceed 0.2.

The above derogation is approved by decision of the Minister.

Environment, Energy, and Climate Change, with the opinion of the competent

S.F.O.P. and opinion of the Taxation Directorate.”

4. After the first sentence of paragraph 3 of Article 9 of Law 1337/1983 (A’ 33), the following sentences are added:

“The zone price of the plot of land for the purposes of the previous paragraph is defined as:

a) In areas where the objective system for determining the taxable value of real estate of the Ministry of Finance applies, the value per square meter of the plot of land resulting from the “Plot Value (Σ.Ο.)” as a function of the Zone Value (Σ.Ζ.) and the Plot Utilization Coefficient (Σ.Α.Ο.) multiplied by the Land Coefficient (Σ.Ο.), as specified in the price tables of the decisions of the Minister of Finance, issued pursuant to Article 41 of Law 1249/1982.

b) In areas where the objective system for determining the taxable value of real estate does not apply, the value per square meter of real estate as determined by the committee of Presidential Decree 5/1986 (A’ 2).

5. Paragraph 13 of Article 12 of Law 1337/1983, added by paragraph 3 of Article 11 of Law 3212/2003 (A’ 308), is replaced as follows: “13. The value of the parts converted into a monetary contribution in accordance with the provisions of paragraph 7 of Article 8 shall be determined by applying mutatis mutandis the provisions of Chapter D of Law 2882/2001 (A’ 17). The amounts from the conversion shall be used exclusively for the compensation of expropriated parts of properties in the same area. Any use of these amounts for any other purpose shall be invalid.”

6. Paragraph 3 of Article 21 of Law 1577/1985 (A’210) is replaced as follows:

“3. The above deviations shall be approved by decision of the relevant Secretary General of Decentralized Administration, following the unanimous opinion of the Council for Spatial Planning, settlement and environment council of the Decentralized Administration and a reasoned proposal from the body to which the specific building belongs in terms of operation, or from the urban planning service for buildings for which there is no competent body.”

7. The provisions of paragraph 23 of Article 2 of Law 2621/1998 (A’ 136), as replaced by paragraph 11 of Article 58 of Law 4009/2011 (A’ 195), also apply to the Center for Renewable Energy Sources and Energy Saving (C.A.P.E.) for project-based employment contracts concluded within the framework of a specific subsidized, co-financed, or self-financed program.

8. Subparagraph (d) of paragraph 5 of Article 21 of Law 1650/1986, as amended and in force by Article 6 of Law 3937/2011 (A’ 60), is replaced as follows:

“d) Presidential decrees for the protection of areas, the drafts of which are forwarded within seven months of the publication of Law 3937/2011 to the Council of State for processing in accordance with the law, are governed by the provisions in force at the time of their issuance.”

9. At the end of paragraph 1 of Article 15 of Law 1561/1985 (A’ 148), as amended by paragraph 5 of Article 13 of Law 3212/2003 (A’ 308), the following sentence shall be added:

“By decision of the Minister of Environment, Energy, and Climate Change, issued after consultation with the Central SFOP and published in the Government Gazette, specific activities and facilities are classified and subject, in accordance with their general urban planning or other specific function, specific activities and facilities shall be classified and subject to the provisions of the presidential decrees referred to in this paragraph.”

10. The deadlines provided for in paragraph 5 of Article 18 of Law 3208/2003 (A’ 303), as extended by paragraph 4 of Article 19 of Law 3467/2006 (A’ 128) and Article 24 of Law 3748/2009 (A’ 29), are extended until 31.12.2013.

11. In paragraph 1 of Article 7 of Law 3889/2010 (A’ 182), after the second sentence, the following sentence is added:

“A member is a representative of either an engineering body or a national environmental organization, and upon completion of their term, they are appointed as a representative member of the other aforementioned bodies.”

12. At the end of paragraph 2 of Article 10 of Law 3889/2010 (Government Gazette A 182), a new clause is added as follows:

“The duration of the secondment may be set at up to two years. By decision of the Board of Directors of the Green Fund and in accordance with the procedure set out in the previous paragraph, secondments may be extended one or more times or interrupted. For staff who have already been assigned or seconded to the Green Fund, the relevant decisions may be extended one or more times in accordance with the above provisions.”

13. At the beginning of paragraph 3 of Article 10 of Law 3889/2010, a new clause is added as follows:

“The legal representation of the Green Fund before any competent court shall be conducted by the Legal Council of the State.”

14. The first subparagraph of paragraph 3 of Article 12 of Law 3889/2010 is replaced as follows:

“3. By joint decision of the Ministers of Environment, Energy and Climate Change and Rural Development and Food, all matters concerning the movable and immovable property of the legal entity shall be regulated, such as the inventory and recording of movable and immovable property and its distribution and transfer to the Green Fund, the Agriculture and Livestock Fund, the Special Secretariat for Forests of the

Ministry of Environment, Energy and Climate Change and in the

Decentralized administrations of the country.”

15. The provision of paragraph 4 of Article 31 of Law 3937/2011 (A’ 60) does not apply to applications for which complete files have been submitted to the competent urban planning authorities prior to the publication of Law 3937/2011. 3937/2011.

16. In workshops with low-impact activities (vehicle repair shops, bakeries, confectionery workshops, etc.), which were operating in any way prior to the publication of this document and are located in areas where GSP amendment or revision procedures are pending, provided that they meet the fire safety and proven operation requirements, the competent authorities shall grant a temporary three-year permit, which may be extended by decision of the competent Ministers.

During the period of temporary operation of their, it is not permitted to expand their facilities or to transfer their temporary their license.

17. The procedure for ratifying the network of common areas under Article 35 of Law 3937/2011 may also include parts of properties that had been placed in common use prior to the publication of the aforementioned law, even if the relevant acts of concession have not been transcribed, subject to the other conditions of Article 35 of Law 3937/2011. 3937/2011.

18. Paragraph 1(a) of Article 2 of Presidential Decree 31/2009 (A’ 49) is replaced as follows:

“a) Within existing or newly established cemeteries or in contact with them.”

19. a) The area of 38,335.32 square meters located at the site “Katsouliere” in the Municipality of Penteli, as shown in the March 2011 topographical diagram on a scale of 1/1000, which has been approved by the Head of the Unified Technical Service Directorate 1st T. PE Attica and published in microform with this law, under items 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-1, is granted by ownership to the N.P.D.D. “GENERAL CHILDREN’S HOSPITAL OF PENSELIS” for the creation, installation, modernization, and operation of this Hospital.

b) The reforestation of the above area is lifted.

c) The terms and restrictions for building on the site are set out as follows:

– Maximum coverage rate of 20%.

– Maximum building coefficient 0.40.

– Maximum permitted height 12.00 meters. In addition to the above height, a roof up to 2.00 meters may be constructed.

– Distances between buildings and from the boundaries of the plot: 5.00 meters.

– Buildings may be divided.

– Main use areas may be included in basements.

20. a) Paragraph 1 of Article 20 of Law 3468/2006 (A’ 129) is replaced as follows:

“1. An Investor Service for RES projects is established within the General Secretariat for Energy and Climate Change of the Ministry of Environment, Energy, and Climate Change, which shall include the Renewable Energy Sources Department of the Renewable Energy Sources and Energy Saving Directorate, which shall be renamed the Energy Efficiency and Energy Saving Directorate. A position of second-class civil servant in the RES Service is recommended, who will head the service and receive the corresponding remuneration. The above position shall be filled by way of derogation from any other relevant provision, either by appointment or by assignment of an employee of the General Secretariat for Energy and Climate Change or by secondment of an employee from any public service, legal entities governed by public or private law, or an independent authority, following consultation with the competent administrative body of the service, legal entity, or authority. The seconded employee is appointed for a term of up to three years, with the possibility of renewal for the same period. Qualifications for appointment, placement, or secondment are a degree from a higher education institution

Educational Institution and significant experience in RES projects.

If the above position is filled by secondment, the seconded person shall continue to receive all types of remuneration, allowances, and other remuneration and privileges that he or she received, during his or her secondment to the above position, from the body from which he or she originates, provided that they are related to the active exercise of his or her duties in the position to which he or she is seconded. The contributions of the seconded person to social security institutions shall be covered by the budget of the institution from which he or she originates. The term of office of the seconded person in the above position shall be considered as actual service for all purposes and during its duration his/her grade and salary progression shall not be interrupted. The seconded employee shall automatically return to the position he held prior to his appointment after the end of his term of office for any reason. If the position he held or to which he has progressed is not vacant or has been abolished, he shall return to at least an equivalent position, or one corresponding to the development of the organizational chart, in his/her sector, which may be vacant or otherwise constitute a personal position by decision of the competent Ministers and is abolished upon his/her departure from the body.

b) Paragraph 4 of Article 20 of Law 3468/2006 is replaced as follows:

“4. Until the positions established by the presidential decree referred to in paragraph 3 are filled, the secondment of personnel from public services, legal entities governed by public law, and entities of the wider public sector or entities supervised by the Ministry of Environment, Energy, and Climate Change is permitted, by way of derogation from the provisions in force. legal entities governed by public law and from bodies of the wider public sector or bodies supervised by the Ministry of Environment, Energy and Climate Change, as well as Independent Authorities, under any employment relationship. The duration of the secondment is set at three years, with the possibility of renewal for an equal period of time.

21. Paragraph 17 of Article 15 of Law 3851/2010 (A’ 85) is replaced as follows:

“17.a) After the entry into force of this law, no applications for licenses to generate electricity from offshore wind farms shall be submitted. Pending applications shall be examined by the Regulatory Authority for Energy (RAE) on the basis of the criteria set out in paragraph 1 of Article 3 of Law 3468/2006. In particular, for the assessment of criteria (a) and (b), the opinions issued in the context of the procedure of paragraph 2 of Article 6A, as added by Article 6, shall also be taken into account. After obtaining the production license, the above stations shall be licensed in accordance with the provisions of Law 3468/2006.

b) The energy produced by the stations referred to in case a) is invoiced at a base price of €108.30 per megawatt hour. This price is increased and adjusted in accordance with the provisions of Article 13 of Law 3468/2006 and Article 5 of Law 3851/2010.

By decision of the Minister of Environment, Energy and Climate Change, following the opinion of RAE, which is issued prior to the issuance of the relevant Production License, it is possible for the above price to be increased, for each station separately, by up to 30% of the base price. The opinion of RAE takes into account, in particular, the investment cost data set out in detail in a technical and economic study submitted by the holder of the production license for the station to document the necessity of the requested increase percentage.

22. The sixth and subsequent sentences of paragraph 2 of Article 3 of Law 3468/2006, as currently in force, are replaced as follows:

“An appeal may be lodged against this decision in accordance with the provisions of Articles 32 and 33 of Law 4001/2011.”

23.The first and the second paragraphs of Article 35 of Law 3734/2009 (A’8) is replaced as follows :

“By decision of the Ministers of the Interior, Finance, and Environment, Energy, and Climate Change, a Committee may be established in relation to the “Burgas-Alexandroupolis Oil Pipeline” project – Alexandroupolis” project provided for in the international agreement ratified by Law 3558/2007 (A’ 101), consisting of the Regional Governor or the competent Deputy Regional Governor of the Region of Eastern Macedonia – Thrace, the Mayor of Alexandroupolis, representatives of the Decentralized Administration of Macedonia – Thrace, as well as representatives of first-degree local government organizations, professional and other bodies of the Prefecture of Evros.

A relevant decision shall be issued by the Regional Governor of Eastern Macedonia – Thrace for the establishment of the Committee.

24.a) The Minister of Environment, Energy and Climate Change may grant temporary energy inspector licenses for a period exceeding the date specified in paragraph 1 of Article 7 of Presidential Decree 100/2010, which may not exceed one year. The temporary licenses referred to in paragraph 2 of Article 7 of Presidential Decree 100/2010 may also be granted to persons with proven five years of professional or scientific experience. The validity of temporary energy inspector licenses that have been issued and expire on October 6, 2011, is extended until October 6, 2012.

b) The status of the Energy Inspector, in accordance with the provisions set forth in Article 10 of Law 3851/2010 (A’ 85), is incompatible with the status of a public employee or employee of a public legal entity or employee of the broader public sector with a relationship to public or private law.

c) Paragraph 2(d) of Article 3 of Presidential Decree 100/2010 (A’ 177) is replaced as follows:

“(d) have at least two years of proven professional and/or scientific experience, as specified in paragraph 1 of Article 6, in matters relating to the design and/or supervision and/or construction of buildings and/or electromechanical systems in buildings and/or energy design of buildings and energy audits and/or energy inspections.”

25. Upon publication of this document, Joint Decision No. 49567/2006 of the Ministers of the Environment, Taxation and Public Works, Development, Rural Development and Food, Merchant Shipping, Aegean and Island Policy (D’ 1071) is reinstated until the issuance of the presidential decree provided for in Article 21 of Law 1650/1986, regulating the matters governed by it, and if this is not issued, for up to five years.

26. The per. a of paragraph 5 of article 12 of Law 1337/1983 is replaced as follows:

“a. When drawing up the cadastral diagram of the urban planning study, the owners or legal possessors of real estate are required, upon invitation, to submit a declaration of ownership to the relevant municipality, presenting at the same time the titles of acquisition, certificate of transcription, ownership, encumbrances, claims, seizures, and a topographical diagram. This obligation remains in force until the ratification of the implementing act, and failure to comply with it entails the following:

a 1. Every legal act in life is invalid, if it is not attached to it certificate of the relevant Municipality, with which it will be certified the submission of declaration of ownership. This invalidity shall be removed upon the submission of the subsequent of the relevant declaration. In this case, provided that the owner had been invited and failed to submit in time a declaration is obliged to pay a one-off fine determined by the relevant O.S.A.

b 1. No building permit shall be granted for the property without the submission of a certified copy of the declaration of ownership and the above certificate.

Following the ratification of the implementing act, the attachment of the above certificate of ownership declaration is required to be made in the first legal act during the owner’s lifetime, which is drawn up and transcribed in the relevant books of the Land Registry or registered in the cadastral sheet of the property, after the transcription or registration of the implementing act. In any subsequent legal act during the lifetime of the owner, it is sufficient to make a reference to its attachment to the original legal act mentioned above.

Article 43

Tax incentives for the restoration of buildings in the Gerani area in the historic center of Athens

A. Property Owners

1. The income tax of natural or legal persons who are owners or co-owners of real estate in the “Gerani” area, which is defined by the streets of Piraeus, Epicouros, Evripidou, and Athinas in the Historic Center of Athens, is deducted on a case-by-case basis:

a) an amount equal to 80% of the total cost of renovating and modernizing residential property, with a maximum cost of €600 per square meter. The tax deduction may apply until the total cost has been amortized and for a maximum period of ten years.

b) an amount equal to 80% of the total cost of renovating and modernizing a property used as an office on a floor of a building other than the ground floor, and construction costs of up to €500/sq. m. The tax deduction may apply until the total cost has been amortized and for a period of ten years. This reduction is made on condition that the reductions in paragraph B1 do not apply at the same time.

c) an amount equal to 80% of the total cost of restoring and modernizing the ground floor of the property using the tertiary sector (in accordance with the provisions of paragraph D) and project costs up to €300/m². The tax deduction may apply until the total cost has been amortized and for a period of ten years.

d) an amount equal to 80% of the total cost of restoring the facades and common areas of the building in which horizontal ownership was established and the cost of works up to €100/m², which is divided according to the co-ownership percentages of each horizontal property. sq.m., which is apportioned according to the co-ownership percentages of each horizontal property. The tax deduction may apply until the total cost is amortized and for a period of ten years.

A prerequisite for the application of the above reductions is that the restoration and modernization of the property be completed by December 31, 2014.

2. From the income tax of natural or legal persons who own listed buildings in accordance with the provisions of paragraph 2 of Article 4 of Law 1577/1985 and Law 3028/ 2002 in the area of paragraph 1 of the Historic Center of Athens, regardless of their use, an amount equal to the cost of restoration and modernization thereof and the cost of works up to €2,000/sq.m. shall be deducted. The tax deduction may apply until the total cost has been amortized and for a period of ten years. In the case of co-ownership, the amount of the reduction shall be apportioned in proportion to the co-ownership percentages. Furthermore, the beneficiary of this reduction, in addition to the owner of the property, under the above conditions, may be the tenant who, with the owner’s consent, incurs the cost of the restoration and modernization works, as well as the technical, architectural, and functional modifications to the building. The tenant’s right to the deduction is retained even after they have vacated the property.

The provisions of the present apply in the cases for buildings in which have been declared preserved the facades their or the shells their up to an increase of 15% on top of their initial volume them. H any legal exceedance does not fall under the provision.

The provisions of paragraph hereof shall not apply in cases where the provisions apply the provisions of paragraph A1 and of paragraphs B1 and B2 apply.

A prerequisite for the application of the above reductions is:

a) for the restoration of the works, all provisions and procedures for listed buildings must be complied with,

b) applications for the issuance of restoration permits must be submitted to the competent authorities from the date of publication of this document until December 31, 2013, and the restoration of the property must be completed within three years of the issuance of the relevant permits.

The persons referred to in this paragraph may choose to apply the above incentives or the incentives referred to in paragraph 1 of Article 23 of the Income Tax Code (Law 2238/1994, A’ 151).

3. If the conditions set out in the provisions of this article are not met, the incentives specified for the corresponding year shall not apply.

B. Property Lessees

1. An amount equal to 80% of the total cost of restoration and modernization, as well as project costs of up to €500/sq. m. for ten years, is deducted from the income tax of natural or legal persons who lease real estate for residential and office use on a floor of a building in the area of paragraph A1 of the Historic Center of Athens, provided that the restoration and modernization costs are documented with a certified estimate. of the total cost of restoration and modernization and the cost of works up to €500/sq.m. for ten years, provided that the restoration and modernization costs are incurred by 31 December 2014. This provision does not apply concurrently with the provisions of cases a) and b) of paragraph A.

For property lessees, the provisions of paragraph

Α2.

2. For a period of five years, the income tax of tertiary sector businesses (as defined in paragraph D) established in buildings in the area of paragraph A1 of the Historic Center of Athens, an amount equal to twice the rent paid for the use of the property is deducted annually.

C. Additional incentives

1. In contracts for the purchase of real estate or real rights on real estate located in the area referred to in paragraph A1, a real estate transfer tax shall be imposed at a rate of 3% on their objective value or on any declared price, if this is higher than the objective value, for a period of two years from the date of entry into force of this law. For the “Gerani” area defined in this article, by decisions of the Minister of Finance, the zone prices determined in accordance with the provisions of Articles 41 and 41A of Law 1249/1982 (A’ 43), reductions may be set for the period until December 31, 2014. By joint decision of the Ministers of Finance and Environment, Energy, and Climate Change, the necessary details, procedures, supporting documents, and implementation time required, as well as any other matter related to the application of this article, shall be determined.

D.

The above tax incentives apply to legally existing buildings and premises, in which the installation of uses provided for in Presidential Decree 2/13.7.1994 (D’ 704), with the exception of restaurants, refreshment rooms, entertainment centers, public gathering places, and personal service establishments.

In the event of a change of use, and provided that the new use is not included among those eligible for subsidies, the incentive shall cease to be paid to the beneficiary.

Article 44

Tax incentives for the restoration of buildings in the Metaxourgeio area in the historic center of Athens

A. Property Owners

1. From the income tax of natural or legal persons who are owners or co-owners of real estate in part of the “Metaxourgeio” area, which is defined by the roads of Konstantinoupolis, Achilleos, Agios Konstantinos, Piraeus, and Iera Odos, the following shall be deducted, as applicable:

a) an amount equal to 80% of the total cost of renovating and modernizing residential property, with a maximum cost of €300 per square meter. The tax deduction may apply until the total cost has been amortized and for a maximum period of ten years.

b) an amount equal to 80% of the total cost of renovating and modernizing a property used as an office on a floor of a building other than the ground floor, and construction costs of up to €300/sq. m. The tax deduction may apply until the total cost has been amortized and for a period of ten years. This reduction is made on condition that the reduction in paragraph B1 does not apply at the same time.

c) an amount equal to 80% of the total cost of restoring and modernizing the ground floor of the property using the tertiary sector (in accordance with the provisions of paragraph D) and project costs up to €300/sq.m. The tax deduction may apply until the total cost has been amortized and for a period of ten years.

d) amount equal to 80% of the total cost of restoring the facades and the common areas of the building, in which it was established horizontal ownership and cost works up to 100 euros/sq.m. which is distributed proportionally with the percentages of co-ownership of each horizontal property. The tax deduction is possible to apply until the amortization of the total expense and for a period of ten years.

A prerequisite for the application of the above reductions is that the restoration and modernization of the property be completed by December 31, 2014.

2. From the tax income natural or legal persons who are owners of preserved properties in accordance with the provisions of paragraph 2 of Article 15 of Law 1667/1986, as amended and in force, and of paragraph 2 of article 4 of Law 1577/1985 and of Law 3028/2002 in the area of paragraph A1 of the Historical Center of Athens regardless of their use them, shall be deducted an amount equal to the cost of restoration and modernization thereof and cost of works amounting to up to €2,000/sq. m. The tax deduction is possible to apply until the total amortization of the total amount of the total amount of the total amount of the the amortization of the total expense and for a period of ten years. In the case of co-ownership, the amount of the reduction shall be apportioned proportionally of this is apportioned in proportion to the co-ownership percentages. Furthermore, the beneficiary of this reduction shall be excluding the the owner of the property, with the most above conditions, may be the tenant, who, with the consent of the owner, proceeds with the expense of the works of restoration and modernization, as well as and in technical, architectural and functional configurations of the building. The right to deduct the tenant is retained even and after the possible abandonment of the property by him.

The provisions of the present apply in the cases for buildings in which have been declared preserved the facades their or the shells their up to an increase of 15% on top of their initial volume them. Any legal exceedance does not fall under the provision.

The provisions of this paragraph shall not apply where the provisions of paragraphs A1 and B1 apply.

A prerequisite for the application of the above reductions is:

a) for the restoration of the works, all provisions and procedures for listed buildings must be complied with,

b) applications for the issuance of restoration permits must be submitted to the competent authorities from the date of publication of this document until December 31, 2013, and the restoration of the property must be completed within three years of the issuance of the relevant permits.

The persons referred to in this paragraph may choose to apply the above incentives or the incentives referred to in paragraph 1 of Article 23 of the K.Y.E.

3. If the conditions set out in the provisions of this article are not met, the incentives specified for the corresponding year shall not apply.

B. Property Lessees

1. From the tax income natural or legal persons who rent real estate for use as residences and offices on floor building in area of paragraph A1 of the Historical Center of Athens is deducted an amount equal to 80% of the total cost of restoration and modernization of this and cost of works amounting to up to 300 euros/sq.m. for ten years, provided that the cost of restoration and modernization is implemented by 31-12-2014. The present provision does not apply at the same time as the reduction of per. a and b of par. A1.

For the employees of real estate companies the following apply as they have the specified in as above paragraph A2.

C. Additional incentives

1.In contracts for the purchase of real estate or real rights on real estate located in the area of paragraph A1 of the Historical Center of Athens, a tax is imposed on the transfer of real estate at a rate of 3% on their objective value or on of any declared price, if this is greater than the objective value value, for a period of time of two years from the commencement of effect of the present.
2.By joint decision of the Ministers of Finance and Environment Energy and Climate Change specify the necessary details, the procedures, the supporting documents and the time for implementation that are required, as well as and any other issues related to the implementation of this.

D.

The above tax incentives apply to buildings and premises legally existing, in which it is permitted by the applicable provisions in force the installation of uses that are provided for by the applicable provisions the installation of uses which are provided for in Presidential Decree of 13.7/19.8.1998 (D’ 616), with the exception of uses restaurants, refreshment stands, entertainment centers recreation centers leisure centers, public gathering places public assembly places and shops providing personal services.

In the event of a change of use, and provided that the new use is not included among those eligible for subsidies, the incentive shall cease to be paid to the beneficiary.

Article 45

Final and Transitional Provisions

1. Upon entry into force of this Act, the following shall be repealed:

a. the Councils of Taxation, Settlement and Environment Decentralized Administration and the provisions that define their competence their.

b. the Supreme Council for Urban Planning and Architecture (A.P.A.S.), established by paragraph 3 of Article 2 of Law 2831/2000 (A’ 140).

c. any provision referring to a matter regulated by it.

2. Upon issuance of the decision establishing:

a. of the Architecture Council in each regional unit, the corresponding EPAE is abolished

b. of the Council of Urban Planning Issues and Disputes in each regional unit, abolishes the corresponding Council of Taxation, Settlement and Environment Council is abolished.

c. of the Central Council for Urban Planning Issues and Disputes, the Central Council for Taxation, Settlement, and the Environment is abolished.

3. All building permits issued after the entry into force of this law are subject to its provisions. Building permits for which complete files have been submitted to the competent urban planning authority prior to the entry into force of this Act shall be issued in accordance with the previous provisions. Articles 6 and 7 shall apply to building permits issued prior to the entry into force of this Act.
4. From the date of entry into force of this Act, the provisions providing for the counting of the term of office of ETEEN Inspectors as time spent performing the duties of Head of Department shall be repealed.
5. Upon the entry into force of this Act, the urban planning services of the municipalities shall be reorganized, their powers shall be redefined on the basis of this Act, and they shall be renamed Building Services.

Article 46

Effective Date

This law shall enter into force on April 23, 2012, except for the provisions of paragraph 4(e) of Article 6 and Articles 38, 39, 40, 41, 42, 43, and 44, which shall enter into force upon publication of this law.