The Transfer of Building Coefficient is moving forward. Details of the studies are published in the Government Gazette.

The decision of the Ministry of Environment and Energy concerning the designation of the Contracting Authority and the determination of all necessary details for the preparation of studies for the designation of Building Coefficient Reception Zones (Z.Y.S.) of Article 72 of Law 4495/2017, within the framework of the Urban Planning Programs of paragraph c of Article 14 of Law 4759/2020 (A’ 245). According to the decision, the Technical Chamber of Greece is designated as the Contracting Authority and Implementing Body for the preparation of studies for the determination of Building Coefficient Reception Zones.

The full text of the decision is as follows:

Article 1

Subject

This document specifies:

The competent body for the assignment and management of studies for the determination of Building Coefficient Reception Zones (Z.Y.S.) of Article 72 of Law 4495/2017, within the framework of the programs of paragraph 1(c) of Article 14 of Law 4759/2020.
The procedures for announcing, assigning, preparing, monitoring, receiving, and approving the relevant studies.
The method of financing the studies from the Public Investment Program (PIP) – SATA 075, under the title of Projects “(sub.3) Independent Studies for the Determination of Building Coefficient Reception Zones (Z.Y.S.)” and the appointment of an Accountant to manage the accounts relating to the financing of the studies to be prepared.
The method and procedures for financing the project as defined by the Contracting Authority/Implementing Body.
The actions of the Ministry of Environment and Energy (YPE) as the owner of the studies of the Urban Planning Programs of paragraph c of paragraph 1 of Article 14 of Law 4759/2020 on the designation of Reception Zones and the obligations of the designated Contracting Authority.

 

Article 2

Purpose and subject matter of the studies of the Programs for the determination of Building Coefficient Reception Zones (Z.Y.S.)
The determination of Building Coefficient Reception Zones (Z.Y.S.) of Article 72 of Law 4495/2017 is necessary in order to enable the safe operation of the Building Coefficient Transfer institution as a means of compensation for owners whose properties fall under the cases of Article 70 of Law 4495/2017.

Z.Y.S. studies are specialized urban planning studies, which may be carried out independently of Local or Special Urban Planning Studies (LUP – SUP) of Articles 7 and 8 of Law 4447/2016, when there are special reasons or problems that need to be addressed through expedited procedures, such as:

The existence of a large number of properties offering a building coefficient under Article 70 of Law 4495/2017, which are mainly located in protected areas.
The existence of a large number of Building Coefficient Transfer Titles under Article 68 of Law 4495/2017 that cannot be utilized due to a lack of host properties with building coefficients under Article 71 of the same law.
The procedure and content of the provisions of Article 72 of Law 4495/2017, as well as Decision No. 72508/ 1890/29.7.2021 of the Deputy Minister of Environment and Energy “Technical Specifications for studies to determine Building Coefficient Reception Zones (Z.Y.S. – Article 72 of Law 4495/2017)” (B’3544).

Provided that these studies are carried out independently of the TPS or EPS studies, their proposed provisions may be incorporated into the TPS or EPS being prepared for the respective reference area and shall be institutionalized together with the issuance of the presidential decree (PD) approving the TPS or EPS. The determination of ZYS may be institutionalized following a relevant study and independently, with the issuance of the presidential decree of Article 72 of Law 4495/2017, the provisions of which are then mandatorily incorporated into the TPS or EPS being prepared for the respective reference area.

Article 3

Head of Programs for the Determination of Z.Y.S. – Definition of the Contracting Authority and Implementing Body
Head of Programs for the Determination of Building Coefficient Reception Zones (Z.Y.S.) of Article 72 of Law 4495/2017, as defined in paragraph 1(c) of Article 14 of Law 4759/2020, as well as the corresponding studies included therein, is the Ministry of Environment and Energy.
As the Contracting Authority and Implementing Body for the preparation of studies defining Building Coefficient Reception Zones (Z.Y.S.) under Article 72 of Law 4495/2017, within the framework of the Programs of paragraph c of Article 14(1) of Law 4759/2020, it is designated – pursuant to paragraph 7 of Article 14 of Law 4759/2020 – the Legal Entity under Public Law named “Technical Chamber of Greece” (TEE).

Article 4
Procedures
The procedure for the preparation of studies for the determination of Z.Y.S. (Zone of Sustainable Development) under Article 72 of Law 4495/2017 is initiated by the decision referred to in paragraph 2(a) of the same article.
The Ministry of Environment and Energy drafts the tender documents for the award of the relevant studies and submits them to the Central Council for Urban Planning Issues and Disputes (KESYP.O. TH.A.), which gives its opinion on their completeness and content, as well as on the tender procedure. The tender documents are then forwarded to the Technical Chamber of Greece (TEE) for the tender procedure to begin.
The Contracting Authority is responsible for promoting the tender announcement process, setting up the tender committees, evaluating the bids, selecting the contractors, awarding the studies by concluding the relevant contracts, supervising and accepting them, in accordance with the applicable legislation (Law 4412/2016), EU law on contracts and environmental policy, the framework directives that have been incorporated into national law and, in general, the rules and regulations relating to public contracts, and takes all necessary action on its part for the effective overall management of the contracts to be concluded.
The Committees for Monitoring, Supervising, and Accepting Studies, which are assigned by the TEE, consist of three members and are formed under its responsibility. The Committees are composed of:
a) One (1) engineer, member of the TEE, as its representative, who acts as Chairman.

b) One (1) engineer, member of the Technical Chamber of Greece, employee of the Ministry of Environment and Energy, as its representative, who is appointed by the Secretary General of Spatial Planning and Urban Environment of the Ministry of Environment and Energy, and

c) One (1) engineer member of the Technical Chamber of Greece, as representative of the Municipality to which the study relates, duly appointed. In the event that, according to the Program, the study includes the determination of Z.Y.S. in different municipalities (neighboring or not), the representative of the Local Government in the Committee is appointed by the municipality with the largest population.

The Monitoring, Supervision, and Acceptance Committees perform their duties in accordance with the provisions of the applicable legislation (Law 4412/2016), the applicable Study Specifications, the provisions of the Technical Data Sheet of the tender, and any relevant instructions and guidelines issued by the Ministry of Environment and Energy. They meet on a regular basis and continuously monitor the progress of the studies, identify any irregularities or issues that arise during their preparation and recommend to the Managing Service the appropriate measures, as the case may be, in order to avoid undesirable delays in their timely completion.
The urban planning studies being prepared by Z.Y.S. and the corresponding Strategic Environmental Impact Studies (SEIS) are submitted to the Contracting Authority in accordance with the provisions in force and are then forwarded without delay to the competent service of the Ministry of Environment and Energy (Planning Authority) for evaluation and formulation of opinions. Following the approval of the Planning Authority, the publicity/consultation procedures, which are identical to those provided for in the institutional framework governing SEIS [No. 107017/2006 (B’1225) joint ministerial decision] and are carried out jointly with them. After the consultation is completed, the services of the Ministry of Environment and Energy evaluate all the opinions, views, and objections that have been submitted in order to formulate the final proposal and its environmental terms.
The Contracting Authority shall take all necessary steps towards the Contractor – designer for the finalization of the studies, and then forwards them to the competent service of the Ministry of Environment and Energy, which, after checking their completeness, issues a certificate of completion of the study.
The study and draft presidential decree containing the regulations to be enacted are forwarded to KESYPOTH for its opinion, following a recommendation by the competent department of the Ministry. If the above Council gives a positive opinion without comments, the Contracting Authority shall proceed with the approval and final acceptance of the study, while in the event of comments, the Contractor-consultant shall be invited to make the necessary adjustments in order for the study to be approved and finally accepted.
After finalization, approval, and receipt of the study, in compliance with all provisions of the applicable legislation on public procurement, the Contracting Authority shall deliver the study files to the Ministry of Environment and Energy for the promotion of approval of the relevant presidential decrees.
Specifically for cases where, in the areas covered by the above-mentioned completed and approved ZYS studies, TPS or EPS studies are currently being prepared, the Ministry of Environment and Energy may bring these studies to the attention of the contractors preparing the TPS or EPS studies, so that their proposed regulations can be incorporated into the TPS or EPS being prepared for the respective reference area and institutionalized together with the issuance of the presidential decree approving the TPS or EPS.

Article 5
Monitoring of Programs for the Determination of Z.Y.S.
The progress of the studies for the Z.Y.S. determination programs is monitored through an Integrated Information System, which is created and maintained under the responsibility of the TEE, as the Contracting Authority and Implementing Body, for the preparation of the above studies. The Integrated Information System is owned by the Ministry of Environment and Energy. The monitoring of the process of announcing and conducting the tenders, the awarding of the studies through the conclusion of the relevant contracts, supervising and accepting them, as well as monitoring and certifying the physical and financial scope of the studies, is the responsibility of the competent services and bodies of the Contracting Authority, which are required to update the Information System without delay. The political leadership of the Ministry of Environment and Energy, the Coordinator and the Technical Secretariat of Article 14 of Law 4759/2020, authorized officials of the Contracting Authority, as well as authorized officials of the competent services of the Ministry of Environment and Energy, have direct access to all data stored in the Information System.

Article 6
Financing of Z.Y.S. determination programs – Appointment of an accounting manager
The financing of studies for the programs referred to in paragraph 1(c) of Article 14 of Law 4759/2020, for which, based on the present, the TEE is designated as the Contracting Authority, is covered by resources from the Recovery and Resilience Fund and, in particular, by the Public Investment Program (PDE) – SATA 075, under the title of Projects “(sub.3) Independent Studies for the Determination of Building Coefficient Reception Zones (Z.Y.S.)”.

In accordance with the provisions of Joint Decision No. 134453/23.12.2015 of the Ministers of Economy, Development, and Tourism and Finance “Regulations for the payment of expenses of the Public Investment Program – PIP (Amendment and replacement of joint ministerial decision no. 46274/26.09.2014 (B’ 2573))” (B’ 2857), the Technical Chamber of Greece (TEE) is designated as the administrator of the above public investment project and account manager, and the payments required for the preparation of the studies are made under its responsibility.

Article 7
Financing of the administrative expenses of the TEE
The financing of the administrative expenses of the TEE as the Contracting Authority for the studies herein is covered by resources from the Recovery and Resilience Fund and, in particular, through the Public Investment Program (PIP) – SATA 075, under the title of Projects “(sub.3) Independent Studies for the Determination of Building Coefficient Reception Zones (Z.Y.S.)”, as specified in the sub-projects entitled “Management Expenses,” and/or under the title of Projects “URBAN PLANNING REFORMS- ID16879 (Management Expenses of the Technical Chamber of Greece).”

Article 8
Actions and obligations of the Ministry of Environment and Energy (YPE), as Project Owner
The Ministry of Environment and Energy, as the authority responsible for the studies of the corresponding ZYS determination programs, through its competent services and officials, is obliged to:

Prepares and approves the above as Programs of Urban Planning Design (determination of Z.Y.S.).
It takes all necessary measures to immediately fill any institutional gaps that may arise, by issuing the necessary acts, in order to enable the rapid and smooth promotion and completion of the Urban Planning Program studies (definition of Z.Y.S.).
It shall ensure that the necessary funding is provided for the studies commissioned by the TEE, the financing of which is specified in Article 6 hereof, and, in general, that the relevant procedures are followed in accordance with the provisions in force.
It shall ensure that the necessary funding credits are provided to the TEE to cover its administrative expenses in accordance with Article 7 hereof, and that the relevant procedures are followed in accordance with the provisions in force.
It initiates the procedures for the preparation of studies for the determination of Z.Y.S. programs, by issuing the decisions of paragraph 2(a) of Article 72 of Law 4495/2017.
It promptly informs the Information System of any action within its competence relating to the implementation of the Programs.
It drafts the tender documents relating to the award of studies for the determination of Z.Y.S. and forwards them, after obtaining the relevant opinion of K.E.SY. P.O.TH.A. – as specified in paragraph 2 of Article 4 hereof – to the TEE, in order to promote the relevant tender procedures.
It ensures that the Contracting Authority is provided with all available information for the commencement of the tender process and cooperates with it on a regular basis throughout the preparation of the studies, until their final approval and acceptance.
Appoints an official representative of the Ministry of Environment and Energy, who is a member of the Technical Chamber of Greece, to the three-member committees responsible for monitoring, supervising, and accepting studies, as soon as requested by the Technical Chamber of Greece.
Ensures the rapid promotion of all publicity/consultation procedures and finalization of studies within the scope of its responsibilities.
Issues the relevant certificates of completion of studies.
It takes all necessary steps to institutionalize the studies submitted by the Technical Chamber of Greece, promoting the issuance of the relevant presidential decrees on a case-by-case basis.

Article 9
Actions and obligations of the TEE as the Contracting Authority
The N.P.D.D. “Technical Chamber of Greece,” as the Contracting Authority and Implementing Body as defined in paragraph 2 of Article 3 herein, is obliged to:

It immediately proceeds to appoint the Supervisory Authority and the Managing Authority, as well as the Technical Council for the preparation of the studies.
It creates and maintains the Integrated Information System referred to in Article 5 hereof.
It receives the tender documents from the Ministry of Environment and Energy and immediately takes all necessary steps for the successful conduct and completion of the tender procedures for the award of the studies, in compliance with the relevant provisions in force.
Notifies the Ministry of Environment and Energy of the members of the three-member committees appointed to monitor, supervise, and receive the studies.
It promptly informs the Information System of any action within its competence concerning the progress of the studies of the corresponding Programs.
Identifies any irregularities or issues that arise during the preparation of studies and immediately takes the appropriate measures, as necessary, to resolve them and avoid undesirable delays.
Submits on a monthly basis, or whenever requested, to the Minister of Environment and Energy, the Deputy Minister of Environment and Energy, the Secretary General for Spatial Planning and Urban Environment, and the Coordinator of Article 14 of Law 4759/2020, relevant informative memoranda on the progress of the implementation of the Programs.
It cooperates, as the Contracting Authority, with the leadership of the Ministry of Environment and Energy, the Coordinator and the Technical Secretariat of Article 14 of Law 4759/2020, the relevant departments of the Ministry of Environment and Energy, as well as the departments of the narrow or broader public sector, and in particular the municipalities involved in the implementation of the Programs, throughout their duration.
It shall immediately deliver each study to the Ministry of Environment and Energy upon its completion.
Takes all necessary actions to adapt the studies to any comments made by KESYPOTH and finalize them before forwarding them for institutionalization.
Approves and receives the studies definitively in accordance with the applicable provisions.

Article 10
Time for completion and delivery of studies to the Program Manager
The completion of studies for Programs defining Building Coefficient Reception Zones, with the Technical Chamber of Greece (TEE) as the Contracting Authority, as specified herein, their subsequent delivery to the Program Manager, and the issuance of the relevant Certificates of Completion by the competent services of the Ministry of Environment and Energy, will take place in stages. The above must be completed for all studies by June 30, 2025.

Article 11
Commencement of validity
This decision shall enter into force upon its publication in the Government Gazette.

The decision to publish in the Government Gazette