Frequently asked questions about the N.O.K. and the Building Regulations

1. What area do we use to calculate the building data when drawing up a topographical diagram of distribution farms?

Question: When drawing up a topographical diagram of distribution farms, where the distribution area differs from the actual boundaries on the ground, what area should be used to calculate the building data?
Answer: Provided that the difference in area is within the limits specified in Article 4(2) of Law 4178/2013 (5% within the plan, 10% outside the plan), the deviation is acceptable and the actual area is taken into account. For larger deviations, a supplementary title of acquisition must be submitted. If the difference in area is within the limits specified in Article 4(2) of Law 4178/2013 (5% within the plan, 10% outside the plan), the deviation is acceptable and the actual area is taken into account. For larger deviations, a supplementary title of acquisition must be submitted.

2. Clear height of main use space

Question: What ultimately applies to the free height of the main use space: the 2.40 m specified in the building code or the 2.65 m specified in the N.O.K.?
Answer: The building regulations state in paragraph 1: The minimum permissible clear heights of building spaces are defined as follows: 1.1.1. For primary use 2.40 m. N.O.K. Article 2, paragraph 95. The main use areas of buildings are those intended to serve the basic use of the building and the stay of its users in them, such as bedrooms, living rooms, kitchens, and offices in residential buildings. For buildings constructed after the entry into force of this law, the main use areas must have a clear height of at least 2.65 m. The N.O.K. as the newer law prevails over the building code. (See also: Questions and Answers TEE/TKM–YDOM/KM: 29/1/2015).

Question: Does Article 8, §2.1 of the Building Regulations still apply in conjunction with the provisions of Law 4067/2012 on free height?
Answer: Yes, it still applies and specifies how to measure the actual free height, as does the section of the same article of the Building Regulations that specifies the free height of auxiliary space as at least 2.20 m (see the issue of technical instructions from the Ministry of Environment, Energy and Climate Change for the implementation of the Building Regulations, Article 2 §95 and §96).

3. Can a store loft be converted into an office and considered a primary use space?

Question: According to Article 5 of the N.O.K., can a change of use be made even if it exceeds the current building conditions in a legal building permit? Does this also apply to building permits issued in accordance with previous building regulations? Does this mean that a shop loft can be converted into an office and considered a main use space?
Answer: Paragraph 3 of Article 5 of the N.O.K. states: “3. In buildings legally existing within an approved plan or settlement, it is possible to change the use in accordance with the current street plan, the current land uses in the area, and regardless of any change in other building conditions.” This means that if, for example, a building was legally constructed with a building coefficient of 4 and the plan was subsequently amended and the building coefficient reduced to 2, the legal building may change use (under the conditions mentioned) without half of it being demolished. The provision refers to terms and not to building regulations, which are G.O.K./73, G.O.K./85, N.O.K., etc. Therefore, the loft you refer to can only be used for the purpose for which it was originally constructed, in this case as an annex to the store, and not for any other independent use. In other words, it can be the store’s office, as an open space without partitions (Article 84(6) G.O.K./1973).

4. Do the specifications of my plot cover me for the purchase of parking spaces?

Good evening, Mr. Papakonstantinou. Congratulations on your commendable effort. I have purchased your company’s book on creating building diagrams, which has helped me greatly as a new engineer. However, faced with the challenge of a real and existing study, and having reached the section on parking spaces, I must admit that I have some questions regarding the parking space process. In your book, you successfully address this specific issue with a detailed comparison of the relevant legislation, but because I am located outside Attica (Magnesia), I am not fully covered. I have read the relevant legislation and I admit that I am confused about some basic concepts. I would greatly appreciate your help or advice on a case I have. On a plot of land within the city limits, with an area of E = 250 m², I have 350 m² of residential space (5 apartments of 70 m²) and 50 m² of ground floor commercial space. The front of the plot is > 8.00 m, depth >10.00 m. The required parking spaces for my area are 1/100 m² for residences – 1/50 m² for shops. My calculation gives me 4 spaces for residences and 1 space for shops.

Question: Do the specifications of my plot cover me for the purchase of parking spaces (based on the amendment of Article 2c – Law 960/79 with Law 3044 – I fall under case a of paragraph 3 – Article 3 of Law 960/79). I would prefer to cover as many spaces as possible in the uncovered area and the gatehouse and not to enter into the process of constructing an underground parking space, which will extend beyond the perimeter. If I have the option to purchase parking spaces, how is the contribution calculated? How does the 25 m² per parking space (as stated in Presidential Decree 350/96) affect the calculation of the contribution? If the owner chooses to create the spaces on their own private plot, what is the financial cost? Do you have any cost estimates (what is most advantageous for the customer) between creating an underground parking space (with all the construction work that entails) and purchasing spaces on other plots of land (belonging to the same or different owners)?
Answer: Following our communication, I will give you my opinion. I believe that your case falls under the provisions of paragraph 3, Article 3 of Law 960/79. The amount of the contribution per parking space for private use of a passenger car is calculated in drachmas (euros today), based on the value of the land per square meter of the plot, provided that the building and the building coefficient applicable to the plot in question are as follows: a) For a building coefficient less than or equal to one (1) or per parking space, the contribution is set equal to the value of the square meter of land multiplied by the area required for one parking space, expressed as an absolute number, as this area is defined more specifically in paragraphs 1 and 2 of Article 2 of this document. b) For a building coefficient greater than one (1), the contribution per parking space is determined as in case (a) above, divided by the corresponding building coefficient. Therefore: SD <1, Redemption amount = land value/m2X25 and SD >1, Redemption amount = land value/m2X25/SD. In the case of real estate to which, according to the provisions of this law, a reduced contribution applies, this is set at one quarter (1/4) of the amount calculated in the previous paragraph. Therefore, in the case of a change of use (reduced contribution), we have: SD 1, Redemption amount = land value/m2X25/SD/4. The SD and land value can be found using a program or, if this is not available, from a notary public. The owner can reserve plots on privately owned land at no extra cost. It depends on the land value. If it is high, it is not advantageous to reserve a plot, as this will result in a loss of buildable area.

5. Is a change of use required for a restaurant operating license?

Question: Dear colleague, according to which decree, circular, or case law is it presumed that: there is no need for a “change of use in a space that had a building permit for a Public Gathering Space, e.g. (Exhibition Space) and we obtain an operating license for a restaurant (more than 50 people – Public Gathering Space) in the same space?
Answer: A change of use is necessary because, according to the N.O.K.: Article 4 Building Permits: 1. A building permit, within the meaning of Article 1 of Law 4030/2011, is required for the execution of any construction work, such as: f. Change of use, in the event of a change for the worse in the design loads of the structural study or in the number of parking spaces required. g. Construction and addition of any type of facility not specified in paragraphs 2 and 3. A restaurant certainly requires facilities of some kind, plus obviously parking spaces, so a change of use is necessary.

6. What permit is required to build a brick barbecue in the uncovered area of the plot?

Question: The latest decision on the approval of small-scale works (Government Gazette 2605B/15.10.2013) states in Article 2: “ke. For the construction of fireplaces, ovens, and stoves, a certificate from an engineer must be submitted stating that these do not affect the structural adequacy of the load-bearing structure and that the chimney complies with the provisions of the Building Regulations. In areas designated as traditional settlements, traditional parts of cities… for the construction of fireplaces, ovens, and chimneys, additional elevations of the building must also be submitted. “Based on the above, these structures are built on the building, while no mention is made of the uncovered area of the plot. On the contrary, in the case of pergolas, there is a clear reference to their installation: “ist. For the construction of pergolas in uncovered ground floor areas, or in the surrounding uncovered area, or on the lawn or roof or on open balconies or terraces on the ground floor and upper floors, the following shall be submitted.” Also, prior to the 2013 decision, the N.O.K. stated in Article 4, paragraph 3: “No building permit or approval for small-scale works is required for the following works: a. Construction of pergolas in ground floor outdoor areas of residences or in the surrounding uncovered area. Construction of fireplaces, ovens, and fireplaces in indoor areas.” So what permit is required to build a brick oven (barbecue) in the uncovered area of the plot?
Answer: No provision of the NOK (as well as previous provisions of the GOK/1985) states that the construction of a brick oven in uncovered areas of a property is permitted. Therefore, the only way to obtain permission is with a building permit and a conventional budget (if there is a building with a certain area) or a detailed budget in other cases. The necessary studies are carried out, while the building plan is drawn up in the normal way, including everything that counts towards building coverage, etc., in accordance with the applicable legislation.

7. Number of toilets in businesses of sanitary interest.

Question: How is the number of toilets determined in businesses of sanitary interest, specifically in a 110 m² store?
Answer: Below are the applicable regulations. Number of persons 1 person per 1.40 m2 of usable floor space (net floor area) (Article 4 Population, building regulations), if after deducting the area of the kitchen, toilets, corridors, etc., the net floor area is 70 m2, then population = 70/1.40 = persons, so 2 toilets are required (1 for men, 1 for women). CIRCULAR 2: Instructions are provided for Health Regulation Y1g/G.P. 96967 (Government Gazette 2718/t.B/8-10-2012) “Health conditions and requirements for the operation of food and beverage businesses and other provisions.” In general, all toilet facilities and their antechambers shall be constructed in accordance with Article 4 of the above relevant Health Regulation Y1g/G.P. 96967. The antechamber may be shared at the discretion of the business owner, but there shall be a sufficient number of washbasins, at least proportional to the number of toilets. Food and beverage businesses must also have toilets for people with disabilities in accordance with the New Building Regulations (Article 26) where this is required. In NEW buildings, it is also mandatory to provide sanitary facilities accessible to persons with disabilities or persons with reduced mobility, at a rate of 5% of the total sanitary facilities for public use or, in any case, at least one per sanitary facility complex, which may be for mixed use (men/women). The above accessible sanitary facilities will be included in the number of sanitary facilities required per use by other provisions. EXCEPTIONS: Health-related establishments with tables and chairs inside or outside, with a total area of less than 100 square meters, which may be exempted only from the obligation to create accessible sanitary facilities for the public, if this causes a disproportionate burden on their owners. NUMBER OF TOILETS The number of toilets is determined according to the number of seated customers that can be served in the establishment (capacity) or the number of employees in the establishment, at the discretion of the health service, with a view to serving all customers, non-contagion, and the possibility of easy cleaning and disinfection in accordance with the program. For a uniform approach to the issue by all health services in the country, the number of toilets, in relation to the number of people served by the business, and based on experience to date from the implementation of previous provisions, the following is proposed: Up to 40: 1 toilet (men and women). From 41 to 120: 2 toilets (1 men’s, 1 women’s) From 121 to 250: 4 toilets (2 men’s, 2 women’s) From 251 to 500: 6 toilets (3 for men, 3 for women). From 501 and above, for each additional 500 persons, or part thereof, two toilets in addition to those required for 500 persons. The number of persons between 100 and 500 shall be considered part of the 500 persons. If there are more than two men’s toilets, the Health Service may, at its discretion, allow one third of them to be replaced by urinals. Staff toilets shall be proportional to the number of employees per shift. Recommended: From 5 to 15 persons: 1 toilet. From 15 to 40 persons: 2 toilets. From 40 to 70 persons: 3 toilets. From 70 to 100 persons: 4 toilets. Over 100 persons and for every additional 50 persons, one toilet in addition to those provided for 100 persons. The gender distribution of the number of toilets will be proportional to the number of persons usually employed in the business.

8. Possibility of constructing a toilet in the basement of the residence.

Question: Is it possible to build a toilet in the basement of the house?
Answer: Circular 19899/61/89. [EFFECTIVE from 11.7.1989] With regard to questions concerning the possibility of constructing a WC in the basement of a residence, the following applies: 1) Based on Article 2 of Decision No. 3046/304/88 of the Minister of Public Works (Building Regulations), circulation areas (corridors, hallways, stairwells), sanitary facilities, etc. 2) In this specific case, the circulation and sanitary areas are located in the basement, where they can be constructed in accordance with the above paragraph, but they are an integral part of the residence and necessary for its operation. Given these facts, it is possible to construct a WC in the basement of the residence, provided that the WC area, the stairwell, and the access corridor are included in the building coefficient (BC). This is because the WC is an integral part of the residence. In other words, it is considered that the residence continues into the basement, since an essential space is missing above it (regardless of whether the WC, stairwell, and access corridor are auxiliary).

9. Possibility of constructing a WC in the basement of the store.

Question: Is it possible to build a toilet in the basement of a store? Does the staircase count towards the floor area ratio?
Answer: Circular 19899/61/89 [EFFECTIVE from 11.7.1989] refers only to residences. I believe that the same applies to shops, i.e. it is mandatory to have a WC in every shop, so they should be included in the floor area. However, with regard to the staircase section, since, as is well known, the stairwell opening on the top floor is not counted, I believe that it should not be counted here either. This is a point that is likely to be disputed by an urban planning official.