Circular from the Ministry of Environment and Energy: Issuance of building permits for change of use in unauthorized constructions

The Ministry of Environment and Energy issued a circular on the issuance of building permits for change of use in unauthorized constructions falling under the cases of paragraphs 10 and 11 of Article 25 of Law 4396/2016, as amended and in force, and the issuance of building permits for change of use in unauthorized constructions falling under the cases of paragraphs 10 and 11 of Article 25 of Law 4396/2016, as amended and in force. 4178/13.

The circular states:

“The works provided for in paragraph 5 of Article 25 of Law 4178/13 concern exclusively and solely unauthorized parts of properties as well as entirely unauthorized independent properties that have completed the process based on the provisions of Law 3775/2009, Law 3843/2010, as well as those that have been included in the provisions of Law 4014/2011 and Law 4178/13. The execution of the above works (which may be carried out in the context of a change of use) is permitted after approval has been given by the competent Building Authority.

According to paragraph 12 of Article 25 of Law 4178/13, after a building permit has been issued, the change of use of independent properties or buildings constructed with a building permit in which there are unauthorized constructions or uses referred to in paragraphs 10 and 11 of Article 25 of Law 4178/13, provided that the new use is not prohibited by more specific provisions. In this case, only the works provided for in paragraph 5 of Article 25 are permitted for the change of use in unauthorized constructions or parts of the property (e.g., loft, enclosed semi-open space, etc.) for the change of use, only the works provided for in paragraph 5 of Article 25 are permitted, while for the rest of the legal part of the independent property or building there is no restriction on the type of works.

In any case, the requirements arising from general and specific urban planning provisions and checked in the building plan (e.g. parking spaces) will be calculated on the basis of the legal surface areas (based on the building permit) of the independent properties or buildings for the new use.”