Who will be eligible to participate in the new scheme for regularizing unauthorized forest structures?

A serious problem arose regarding illegal construction in forests following the decision of the Plenary Session of the Council of State, which ruled that a provision of law exempting areas where “residential clusters” (unauthorized) had developed. The reasoning of the Supreme Court was that the constitution prohibits the use of forest areas for residential purposes that do not constitute reasons of overriding public interest that would justify changing the purpose of the forest.

In order to prevent the forest map project from being canceled, but also to solve the major problem of thousands of illegal buildings on forest land, for many of which demolition orders have already been issued, the Ministry of the Environment recently submitted to Parliament a draft law entitled: “Posting of forest maps of areas within the boundaries of forests, control procedures, environmental management thereof, and other provisions.”

• What are these violet outlines or settlement densities?

These are clusters of buildings that do not fall within urbanized areas or legally existing settlements, nor within areas subject to planning approval or settlement demarcation.

• What are the criteria for classifying an area as “residential density”?

The criteria for determining residential density are:

Minimum number of buildings: fifty (50)

a) When the total number of buildings is equal to or greater than 50, there shall be at least one (1) building per 500 m². When the total number of buildings is greater than 100, there shall be at least one (1) building per 1,000 square meters. When the total number of buildings is greater than 400, there shall be at least one (1) building per 2,000 square meters.

• Will these residential densities sent by the municipalities definitely be approved and cover all unauthorized buildings?

Unfortunately, the majority of the residential densities submitted by the country’s municipalities do not meet the requirements of the law. Indicatively, we note that in the posted forest maps, the area designated by the municipalities as residential density corresponds to approximately 120,000 acres. Of this area, only 18% is in areas protected by forestry legislation, i.e. approximately 20,000 acres. For this reason, the residential densities sent by the municipalities will be checked by the Forestry Services and the Hellenic Cadastre Service, and the FINAL RESIDENTIAL DENSITY AREAS will be determined.

• What are the main points of the draft law?

• The term “settlement densities” is not used, but refers to areas with a purple outline (as shown on the electronic map of the Hellenic Cadastre, where forest maps are posted), which were excluded when the broader forest map was posted
• The exemption from the posting of forest maps of these areas is abolished
• A double-checking process is introduced for areas designated as such, and priority is given to their environmental management based on constitutional provisions
• No distinction is made between buildings constructed before and after June 11, 1975, but the duration is equalized at 25 years
• A presidential decree is to be issued, after appropriate processing of the available data, which will determine the final environmental management of these areas.

• That is to say the new provisions will not cover all the arbitrary in the forests?

No. The bill does not concern individual and scattered unauthorized buildings constructed in forests or rocky or grassland areas, but only buildings that meet the requirements of residential density and are enclosed by a purple outline on the forest map.

• What does the new bill on illegal forest structures provide for?

• Publication of forest maps by the relevant Forestry Directorates of the country, of the areas excluded from the posting of the broader forest map, with the unauthorized structures located within residential areas and marked with a purple outline on the map.
• Possibility for citizens to submit objections or obvious errors against the posted forest map.
• Recording of unauthorized structures within forest areas and changes in forest area over time
• Checking residential densification indicated by municipalities to see if they meet the requirements.
• Checking whether unauthorized buildings were constructed in protected areas before their designation, e.g., NATURA, RAMSAR Convention, or whether they are located on the seashore/stream or in designated reforestation areas.
• Suspension of demolition for 25 years of buildings and accompanying structures within the final boundaries erected by July 28, 2011, in forests and forest areas, as well as in grasslands and rocky areas of mountainous regions.
• Possibility of “regularizing” unauthorized forest structures located within the FINAL BOUNDARY, in accordance with the relevant law.
• Revocation of demolition orders and other administrative measures imposed on “regularized” unauthorized buildings.
• Suspension of pending criminal proceedings for unauthorized construction that will be subject to the new law and definitive termination of proceedings upon payment of the fine provided for in the bill.

• How will the regularization of forest illegal structures be carried out?

• Submission of application for inclusion and required supporting documents on the special electronic platform of the “HELLENIC LAND REGISTRY”
• Payment of a fee of €250
• Calculation of forestry fine for the inclusion of the building and all accompanying structures
• Certificate of connection to public utility networks, of unauthorized structures with full payment of the fine.

• How will the fine be calculated?

• The fine will be determined using a mathematical formula, which will include a fixed amount of €1,000 for residential infrastructure and will depend on the size of the unauthorized structure, the zone price, the year of construction, the cost of reforestation, etc.
• The fine will be reduced by 33% in the case of unauthorized construction that is the first and only residence or in the case of a building within private forests and private forest areas.
• The fine will be reduced by 50% if the unauthorized structure is cumulatively the first and only residence and is located within a private forest or private forest area.
• A forestry fine will be imposed for swimming pools, shelters, garages, retaining walls, paving, and other accompanying structures of the building. This fine will be calculated based on the cost of the work for these structures and will range from €1,000 to €5,000.
• The fine will be paid in 100 monthly installments, with a minimum payment of €100.
• The fine will be reduced by 20% in the event of a lump sum payment by the following month of the unauthorized construction’s inclusion.
• A 20% discount on the forestry fine will be given to owners of unauthorized forest structures who were subject to laws legalizing unauthorized structures without being entitled to do so (because no previous regulation provided for regularization in forests) and voluntarily declare that they request their exclusion from those regulations.
• The forestry fine will be paid to a special code called “Compensatory Forest Balance” to the Special Forest Agency of the Green Fund, and its credits will be used exclusively for the implementation of forest balance restoration actions.

• Which forest arbitrary will be regularized and demolished?

• Those located outside DEFINITIVE SETTLEMENT AREAS.
• Those located in National Parks, wetlands of the Ramsar ConventionRamsar, Natura network areas, protected forest areas
• Buildings and their accompanying structures located within areas marked in purple, but which fall within the explicitly defined prohibited construction areas such as: foreshore, beach, stream, forests and forest areas destroyed by fire and declared reforestable, etc.
• Buildings and accompanying structures constructed after July 28, 2011 within the forest boundaries, as well as those constructed before the above date but not subject, for any reason, to provisions of laws suspending the imposition of penalties. Fines and criminal penalties shall also be imposed in accordance with the relevant provisions of forestry legislation in force.
• A fine of 500 euros shall be imposed if the person concerned voluntarily demolishes the unauthorized structures, and the special compensation protocols imposed shall be revoked if the competent authorities verify the demolition and restoration of the unauthorized structures.

• What is the forest balance?

The money collected from fines for illegal forest construction will be deposited in a special fund and used to restore the forest ecosystem that has been degraded by construction within the final boundaries.

The forest balance actions will be: afforestation of non-forest areas and enrichment of forest areas, demolition of unauthorized buildings and accompanying structures within protected forest areas, financing studies and projects as well as the actions provided for in the Forestry Development Strategy Plan, etc.