Completion of unauthorized constructions – FEK43B/12 (2975/19-1-2012 ministerial decision, Article 2)

For the granting of Approval for the Completion of Unauthorized Construction, the required supporting documents and studies shall be submitted and the procedures provided for in Presidential Decree 8/13.7.1993 shall apply “Procedure for issuing building permits and inspecting buildings under construction” (Government Gazette 795 D), as applicable, or in paragraph 2 of Article 3 of Law 4030/11 for applications submitted after 1-3-2012.

2. In addition, the following shall be submitted:

a) Certification by the Technical Chamber of Greece (TEE) that the construction has been completed in accordance with Article 24 of Law 4014/2011, as applicable.

b) The plans provided for in paragraph 2b of Article 24 of Law 4014/11. If the procedure is completed before the TEE information system is activated, a solemn declaration by the engineer shall be submitted stating that the same plans will be submitted electronically to the information system when it is activated.

c) Photographic documentation of the current condition of the unauthorized building (exterior and interior).

3. The standard building permit form is used and completed as the form for granting approval for completion works, with the title replaced by “APPROVAL OF COMPLETION WORKS FOR UNAUTHORIZED CONSTRUCTION (par. 17, art. 24, Law 4014/2011).”

4. The surface of the to be completed building is limited exclusively to the outline defined by the existing vertical load-bearing elements and the volume bearing elements and the volume s’ that is determined by the outline of the existing vertical is determined by the outline and the existing bearing horizontal elements of the upper level of.

5. The coverage diagram or building diagram of Law 4030/11 reflects the current situation, i.e., the location, coverage, building structure, height, etc. of the building.

The urban planning dimensions of buildings requested to be completed are also calculated based on their final form, and their relationship to the building regulations applicable in the area of the property is indicated, by way of derogation from any applicable provision, with the exception of the use of unauthorized construction, which in any case must be permitted by the general and specific urban planning provisions in force in the area.

Therefore, according to paragraph 1, after March 1, 2012, the supporting documents provided for in Law 4030/11, Article 2, paragraph 3, must be submitted, which gives a very general description of the necessary studies: Law 4030/11 – Article 3, paragraph 2 – Supporting documents and studies “For the issuance of a building permit, the building approval and the following supporting documents and studies must be submitted, where required by applicable law:” It is therefore left to the discretion of the Y.D.O.M. to select the necessary studies for the completion permit.

HOWEVER, ACCORDING TO

1. WITH Circular 1/2012 (Section B, paragraph 4), paragraph 4. APPROVAL OF REPAIR AND COMPLETION WORKS:

Paragraph 10 of Article 49 of Law 4030/2011 replaces paragraph 17 of Article 24 of Law 4030/2011. 4014/11.

According to this, in cases where buildings are subject to the provisions of the law and the relevant procedure has been completed, by way of derogation from any applicable provision, completion works and repair works may be carried out, subject to approval by the competent urban planning authority, provided that they do not increase the volume of the building.

AND 2. Circular 7/2012 (par. (A. 2.) In par. 4 of Section B of Circular 1/2012, it is clarified that:

a) The concept of repair works in Article 1 of Ministerial Decision No. 2975/19-1-2012 (Government Gazette 43 B’) also includes work for the radical renovation of the building, which, however, does not affect the load-bearing structure and the urban planning dimensions of the building.

b) For the granting of approval to complete existing unauthorized construction in accordance with Articles 2 and 3 of Ministerial Decision No. 2975/19-1-2012 (Government Gazette 43 B’) and given that this does not concern its legalisation, the studies for the remaining works to be carried out during the period of validity of the permit shall be submitted, and not those for the works that have already been carried out arbitrarily.

NOTE: Thus, in the case of a permit for the completion of an unauthorized structure with a completed frame, NO STATIC STUDY IS SUBMITTED, but at most a declaration of strength from two civil engineers.

Note:

Circulars 1/12 & 7/12 have in no way ceased to apply, in accordance with the provisions of Circular 4 of Law 4178/ 13, as it is explicitly stated that in the case of a permit for the completion of unauthorized construction, the provisions of Government Gazette 43B/12, which refers to Law 4014/11, apply, while at the same time the subject of the circulars does NOT concern Law 4014/11, BUT Law 4030/11, “New method of issuing building permits, construction control and other provisions” (Government Gazette 249/A’) and clarifications in Law 4014/11 (Government Gazette 209A’).”

FINALLY SUBMITTED: PRO 1−3−2012 (Presidential Decree of 8/13.7.1993)

1. The following plans and supporting documents are required for the granting of a building permit:

a) Application by the interested party, incorporating in a single document the assignment and undertaking declarations (study and supervision), inspection form, and special budget form.

b) Topographical diagram and coverage diagram in accordance with specifications.

c) Architectural study, in accordance with the specifications.

d) Structural design, in accordance with applicable specifications and regulations.

e) Thermal insulation study.

f) Study of plumbing installations and drainage systems where required, in accordance with the applicable specifications and the Regulations.

g) Studies of electromechanical installations, where required, in accordance with applicable specifications and regulations.

h) Passive fire protection study in accordance with applicable specifications and regulations.

i) Active fire protection study, where required, in accordance with applicable specifications and regulations.

(i) Study of gas fuels, where required, in accordance with the applicable specifications and the regulations.

(k) Approvals from other Services, as required by the provisions in force.

(l) Title deed and recent certificate of ownership from the Land Registry for each plot of land or site that is even by way of derogation or is located outside the plan.

(m) Proof of payment of the fee of the consulting engineer mechanical engineer.

(j) Notarized declaration of the planned parking spaces, as provided for in Law 1221/1981, and its transcription or proof of payment of the required contribution.

(j) A reasoned report by the engineer referred to in paragraph 1 of Article 3 of the General Building Regulation.

2. The application for a building permit must be accompanied by the studies and supporting documents referred to in points a, b, c, h, j, and k of paragraph 1 of this article, as well as the supporting documents referred to in points i and j, where required. If the application is not accompanied by the above information, it will not be accepted and will be returned even if it has been registered.

3. The other studies and supporting documents that are required for the issuance of the building permit may be submitted after and after the approval of the architectural study, within the deadline of paragraph 8 of article 5.

In addition, the following shall be submitted:

a) Certification by the Technical Chamber of Greece (TEE) that the construction has been completed in accordance with Article 24 of Law 4014/2011, as applicable.

c) Photographic documentation of the current condition of the unauthorized building (exterior and interior).

AFTER 1−3−2012 (ARTICLE 3, PAR.2 Law 4030/20011)

For the issuance of a building permit the following shall be submitted the approval of the building plan and the following supporting documents and studies shall be submitted, where required in accordance with the applicable legislation:

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, which includes a passive fire protection study and an accessibility study for persons with disabilities, where required.

c) Structural analysis.

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.

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

(i) A solemn declaration by each engineer involved in the study, stating that: The studies were prepared in accordance with general and specific urban planning provisions and regulations, are complete, and their data comply with the applicable specifications and regulations. The dimensions of the plans and the details of the studies are identical 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.

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

(l) Notarized declaration of the planned 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.

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

(j) 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.

In addition, the following shall be submitted:

a) Certification by the Technical Chamber of Greece (TEE) that the construction has been completed in accordance with Article 24 of Law 4014/2011, as applicable.

c) Photographic documentation of the current condition of the unauthorized building (exterior and interior).