General Implementation Guidelines Institutional Framework for Accessibility Studies

(a) When preparing the accessibility study for persons with disabilities/persons with reduced mobility, which is included in the architectural study submitted for the building permit (Article 3, paragraph 2 of Law 4030/2011), priority is given to the specifications of the NOK, Building Regulations, Fire Protection, and Ministerial Decision 52487/2002 (Government Gazette 18B/15.01.2002) “Special provisions for the service of persons with disabilities in existing buildings” with regard to the dimensions of horizontal and vertical accesses (e.g., corridors, stairs, ramps, elevators, bathrooms, etc.) and their auxiliary facilities, the design guidelines “Designing for All” of the Ministry of Environment, Energy and Climate Change.
(b) During the accessibility study for the configuration or reconstruction of public spaces in settlements (such as… in particular areas intended for pedestrian traffic, such as squares/sidewalks/traffic islands, green spaces/parks, bus stops/platforms, etc.), priority shall be given to the specifications of the NOK, Building Regulations, Decision 52907/2009 and the clarifications thereof (Circular 3 with Ref. No. 13612/ 24.3.2011 and Circular 7 with Ref. No. 9180/10.6.2010) and the supplementary design guidelines “Designing for All” of the Ministry of Environment, Energy and Climate Change. It should be noted that the last paragraph of the aforementioned Circular 3 concerns only existing roads with a small width of one or two lanes at most. The above design methodology aims to create a chain of access, with accessible transport, sidewalks or footpaths, and parking spaces for disabled vehicles near the accessible entrances to buildings or services.

Clarifications of Article 26 of the Greek Civil Code (Special provisions for the service of persons with disabilities/persons with reduced mobility)

Paragraph 1

(a) In new residential buildings (single-story or multi-story detached houses) that are not required to install an elevator in accordance with the Building Regulations (Article 29 – Decision 3046/89 Government Gazette 59D/89), i.e. when the floor or part of the floor has a level difference of less than 9.00 m from the final surface of the surrounding ground, at the point of access to the floor, it is clarified that provision should be made for the possible future easy conversion of the dwellings into dwellings for future users with disabilities/mobility impairments, so that autonomous and safe horizontal and vertical access can be ensured, without affecting the load-bearing structure of these dwellings, with additional elements of appropriate specifications, such as horizontal and vertical access, without affecting the load-bearing structure of these residences, with additional elements of appropriate specifications, such as ramps, lifts, elevators, etc. This provision shall be described in the Technical Report of the accessibility study. In any case, the appropriate dimensioning and design of elements and spaces (width of doors and corridors, height of window sills, thresholds, etc.) and the relevant accessibility study must be submitted, without, however, there being an obligation to create accessible sanitary facilities and implement access when height differences arise from the design.

(b) In new buildings used for residential purposes and with more than one horizontal property, which are not subject to the Building Regulations (Article 29 – Decision 3046/89 Government Gazette 59D/89), it is mandatory to ensure autonomous and safe horizontal and vertical access for persons with disabilities/persons with reduced mobility, using elements of appropriate specifications, such as ramps, lifts, elevators, etc., must be ensured in all external and internal common areas of residential buildings.

(c) In general, for buildings referred to in paragraph 1 of Article 26 (except for single-story or multi-story detached houses, where there is no such obligation), there is an obligation to provide autonomous and safe, horizontal and vertical access for persons with disabilities/persons with reduced mobility to all external and internal common areas where there are facilities, services, and goods (e.g., pergolas, outdoor seating areas, outdoor barbecues, swimming pools, etc.) that can be used.

(d) On plots of land where there is vertical ownership, and on the parts thereof where autonomous residential buildings are erected, the obligation of horizontal and vertical access for persons with disabilities/persons with reduced mobility under paragraph 1 of Article 26 shall apply to each section separately.

Paragraph 2

It should be clarified that a protected, accessible space in case of emergency is defined as an open waiting area for one or two wheelchairs (0.80 m x 1.30 m per wheelchair) depending on the building, which – is not included in the floor area ratio – is located within the fire compartment of the common stairwell and does not obstruct the escape route, as provided for by the applicable fire protection regulations.

Paragraph 3

In cases where the plot of land is large and the building is located far from the road, or the slope of the natural terrain between the road and the entrance is greater than 10%, it is possible to ensure safe access for persons with disabilities/ from the common or surrounding area of the building by car and then with the necessary services (means of covering height differences) to the entrances of the buildings. In such cases, accessibility to the surrounding area must be ensured from a designated parking area for persons with disabilities outside the building and not from the level of the sidewalk or street.

Paragraph 4

(a) For residential buildings existing prior to the entry into force of Law 4067/2012, for which a building permit is issued after its entry into force, an accessibility study is not required, given that in these buildings, are not required to implement the necessary modifications to make their functional spaces accessible to persons with disabilities or persons with reduced mobility. The submission of an accessibility study and the implementation of the modifications and installations provided for therein are required in cases where a building permit for change of use is issued, if the new use so requires.

(b) In the case of listed buildings and buildings in traditional settlements, if their use requires modifications to their functional spaces so that they are accessible to persons with disabilities/ persons with disabilities, the architectural study submitted to the Architectural Council must also include an accessibility study, when this is required by the use of the building. The Architectural Council is responsible for issuing an opinion for or against the proposed interventions that may affect the morphological and functional characteristics of these buildings (Article 21, Law 4030/2011).

(c) The deadline for completing the necessary accessibility modifications by 2020 applies in all cases to existing buildings referred to in this paragraph that were in existence prior to the entry into force of this law. In the case of existing buildings for which a building permit for change of use is to be issued, this commitment shall apply upon the issuance of the building permit, provided that the new use so requires. The commitment to complete the necessary accessibility modifications does not apply in the case of existing buildings – prior to the entry into force of this law – buildings – of this paragraph, where their load-bearing structure is affected, in order to enable access for persons with disabilities and persons with reduced mobility to their functional areas.

(d) In the case of existing premises (prior to the entry into force of this law) for which a building permit has been issued for commercial use, offices, and health-related establishments with tables and chairs inside or outside and a total area of less than 100 square meters (excluding square meters not included in the floor area), these spaces are required to have horizontal and vertical access, but are exempt from the creation of accessible sanitary facilities for the public in cases where this would cause a disproportionate burden on the owner, specifically:

• When no radical renovation is carried out and the proposed interventions require alterations that will reduce the usable area of the store by more than 10% or, in the case of stores of sanitary interest, 10% of the seating area, or

• When there is a need to locate a WC for persons with disabilities on another floor that does not have access for persons with disabilities, or a need to locate it in an area that is exempt from the access requirement (paragraph 5 of this article), and the remaining gross area is less than 100 square meters. of this article) and the remaining gross area is less than 100 sq. m. or

• When intervention in the building’s load-bearing structure is required.

Paragraph 5

(a) The square meters that are not included in the floor area are not calculated in the gross floor areas in points (5b) and (5c).

(b) The conditions set out in points (5b) and (5c) must be met simultaneously in order for buildings to be exempted from the obligation to provide access to floors above the ground floor.

(c) The exceptions to points (a, b, c) apply both to new buildings, as well as for the existing before the the entry into force of this law buildings for those for which a building permit is issued after the entry into force of Law 4067/2012. entry into force of Law 4067/2012.

Paragraph 7

In case of need for an opinion on specific accessibility issues arising from the implementation of special provisions for persons with disabilities or persons with reduced mobility, the YDOM, building inspectors, architectural councils, and citizens may appeal to the Accessibility Committee of the Ministry of Environment, Energy and Climate Change.