Minimum distance of buildings from road axes or boundaries within and outside the plan

ARTICLE 1

(Defined as: Primary, Secondary, Tertiary National Road Network
Primary, Secondary Provincial Road Network).

1. For the implementation of the provisions of this decree and in accordance with Articles 2 and 3 of Law 3155/55 “On the construction and maintenance of roads,” the National and Provincial Road Network of the Country according to its importance for transport, transport, the country’s economy, and national defense, in combination with its geometric dimensions, expected traffic load, and the specific criteria referred to below, is classified into categories using the procedure set out in this article, as follows:

a) The Basic National Road Network is the part of the National Road Network that connects the country with other territories, either directly or via ferries, or connects the major urban centers with each other.

b) Secondary National Road Network is the part of the National Road Network that connects major national roads with each other or with large urban centers, ports, airports, or places of exceptional tourist interest, or are road axes for which a deviation has been made with the Main National Road Network.

c) Tertiary National Road Network is the part of the National Road Network that has been replaced by new National Road Network routes or serves transportation in areas of archaeological, tourist, historical, or developmental interest.

d) Primary Provincial Road Network is the part of the Provincial Road Network that connects urban centers with the National Road Network, as well as areas of archaeological, tourist, historical, or developmental interest.

e) Secondary Provincial Road Network is the part of the Provincial Road Network that connects municipalities or communities, except for the capital of the prefecture, with each other.

2. The National Road Network is classified as Primary, Secondary, and Tertiary, by decision of the Minister of Environment, Spatial Planning, and Public Works, following the unanimous opinion of the Public Works Council, and is published in the Government Gazette.

3. The Provincial Road Network is classified as primary and secondary by decision of the Minister of Environment, Spatial Planning, and Public Works , following a recommendation by the Secretary General of the Region, after a proposal by the competent local Prefects and an opinion by the Prefectural Council of Public Works, and is published in the Government Gazette.

ARTICLE 2 (see also Enk-33/00)

This article defines the minimum distance of buildings from road axes or boundaries in the following cases:
a) fields located in areas outside the approved city plan and
b) land located within the boundaries of settlements existing prior to 23 and demarcated in accordance with PD/24-4-85 (Government Gazette-181/Δ/85).

Significant changes (in relation to the repealed PD-347/93) arise from:
1) Paragraph 1(i) of Article 2, according to which “In the event that the application of the provisions on building outside the plan results in greater distances between buildings and facilities from the axis or boundary of the road, the provisions resulting in the greater distances shall apply.”
2) Paragraph 5 of Article 2, which abolished the possibility of adding height, as provided for in Presidential Decree 347/93, to legally existing buildings located in areas smaller than those specified in this Presidential Decree.
3) Par. 6 of article 2 according to which the minimum distances of buildings from the axes or boundaries of the National Road Network defined in this PD will not be possible to change and will be maintained as minimum in the cases where we have:
– extensions of approved city plans
– urban development of areas
– urban development by extension of settlement boundaries
– on the roads provided for in the urban development studies of the above cases as bypasses of National roads.

1. The minimum distance of buildings from road axes or boundaries, where applicable, which are located outside approved plans and outside settlement boundaries, is defined as follows:

a) On the Basic National Road Network, 60 meters from the axis of the road and no less than 40 meters from the road less than 40 meters from the boundary of it.

b) On the Secondary National Road Network, 45 meters from the axis of the road and no less than 30 meters from the boundary of it.

c) On sections of the National Road Network that have been designated and constructed as motorways or expressways, as defined in N-2094/92, with side roads (SR) in contact with the main road or at a distance from it, buildings shall be located at the distance specified above from the axis of the main road and 20 meters from the axis of the side road.
In cases where side roads have not been constructed, the distances specified in paragraphs 1a and 1b of this article shall apply.

d) In the tertiary national and in the National Road Network of the islands except Crete, Euboea, Rhodes, Corfu, 30 meters from the centerline of the road.

e) On roads classified as secondary roads (SR) of the National Road Network, except for motorways and expressways, 20 meters from the axis of the secondary road, if it has been constructed.

f) On the Primary Provincial Road Network, 20 meters from the road axis.

g) On the Secondary Provincial Road Network and the Provincial Road Network of the islands except Crete, Euboea, Rhodes, Corfu, and throughout the Municipal or Community Road Network, 15 meters from the centerline of the road.

h) On the road network of islands that administratively constitute a municipality or community or have a population, according to the latest census, of less than 5,000 inhabitants, it is possible to determine by decision of the Prefect after consultation with the relevant Municipal or Community Councils of the island, a distance of less than 15 m from the road axis and in any case not less than 10 m, after taking into account urban planning, environmental, and traffic conditions.

i) In cases where the application of the provisions on building outside the plan results in greater distances between buildings and facilities from the axis or boundary of the road, the provisions resulting in the greater distances shall apply.

2. The minimum distance of buildings from road axes or their boundaries, where applicable, which are located in areas within the boundaries of settlements existing prior to 1923 (23), without an approved town plan, or within the boundaries of settlements with fewer than 2,000 inhabitants, as defined in accordance with PD/24-4-85 (Government Gazette-181/Δ/85), as applicable, is defined as follows:

a) On the Basic National Road Network, 30 meters from the road axis and no less than 20 meters from its boundary.

b) On the Secondary National Road Network 15 meters from the axis of the road.

c) In the tertiary national road network and theNational Road Network of the islands except Crete, Euboea, Rhodes and Corfu, 10 meters from the centerline of the road.

d) On sections of the National Road Network that have been designated and constructed as motorways or expressways, as defined in N-2094/92, with side roads (SR) in contact with the main road or at a distance from it, buildings shall be located at the distances specified in paragraphs a, b, and c from the axis of the main road and 10 meters from the axis of the side road.
In cases where side roads have not been constructed, the distances specified in cases 2a, 2b, and 2c of this article shall apply.

e) On the Primary Provincial Road Network 10 meters from the axis of the road.

On roads with low traffic volume and where safe vehicle traffic is ensured, it is possible by decision of the Secretary General of the Region to set a distance of less than 10 meters from the centerline of the road and in any case not less than 3 meters from the edge of the road, taking into account urban planning, environmental and traffic conditions. This decision shall be issued following a recommendation by the competent services for urban planning and road maintenance and the opinion of the competent Regional Councils and Committees. These recommendations shall be documented in accordance with the applicable specifications of urban planning studies.

f) On the Secondary Provincial Road Network, on the Provincial Road Network of the Islands except Crete, Evia, Rhodes and Corfu 3 meters from the road boundary.
It is possible for traffic reasons to set a greater distance, by decision of the General Secretary of the Region following recommendations from the competent services for urban planning and road maintenance issues and the opinion of the competent Regional Councils and Committees.

g) On main municipal or community roads, 3 meters from the road boundary or the distance determined by the densely built-up building line over a sufficient length.
Main municipal or community roads are designated by decision of the Prefect, following an opinion from the Prefecture’s Council for Spatial Planning, Settlement, and the Environment, and are municipal or community roads that serve interurban transport.

h) On side roads (SR) of the Road Network other than motorways and expressways 6 meters from the edge of the road.

3) The road boundary is the expropriation boundary. In cases where the expropriation boundary is not specified, the road boundary is defined as the point where the outer edge of the trench or the slope of the embankment or fill meets the natural ground.

4) The provisions of Article 2 of this Decree shall not apply:

a) for traditional settlements, traditional parts of settlements, and historic city centers,

b) for noteworthy settlements, as categorized and defined by decision of the Prefect, in accordance with PD/24-4-85 (Government Gazette-181/Δ/85) as currently in force.

5) In legally existing buildings located at distances less than those specified above, only work for reasons of hygiene and use is permitted, in the part that falls within the minimum distances above.

6) The distances specified in paragraph 1 of this article for the national road network should be observed as minimum distances in cases where we have a) extensions of approved city plans, b) urban planning of areas, and c) urban planning by extension of settlement boundaries, as well as on the roads provided for in the urban planning studies of cases a), b), and c) above as bypasses of the National Roads.
This paragraph does not apply to islands other than Crete, Euboea, Rhodes, and Corfu.

7. By way of exception, the distances specified in paragraphs 1 and 2 of this article may vary in accordance with urban planning studies:

a) extension of approved urban plans to areas located within the boundaries of General Urban Plans (GUP) or Spatial and Settlement Organization Plans for Open Cities (SHOOAP), within areas of holiday home development (b) and in areas of productive activities (such as VIPA – VIPA, VEPE) and

b) integration into a plan for the city in areas that are located within boundaries of settlements with a population of up to 2000 inhabitants and settlements existing before the year 1923 (before the year 23).

The specified distance is documented in the urban planning study, which in such cases is approved after consultation with the competent department of the General Secretariat for Public Works.
(In accordance with paragraph 18 of Article 13 of Law 3212/03, Government Gazette 308/A/31-12-03, the last sentence of paragraph 6 is replaced and paragraph 7 is added as above).

ARTICLE 3

(Article 3 provides for the possibility of reserving the right-of-way for a new road under study (bypass, ring road, traffic junction, improvement of existing road sections) by prohibiting the issuance of building permits within it and by applying the minimum OG distances provided for in Article 2 of this PD for buildings outside the transit zone.

These building restriction measures are imposed following the issuance of a Decision by the Minister of Environment, Physical Planning and Public Works, or the Secretary General of the Region or the Prefect, published in the Government Gazette and accompanied by the approved preliminary or final study of the project.
The planned implementation period for the project may not exceed four years, which may be renewed only once.

“1) The distances provided for in Article 2 of this article also apply in cases of construction of projects on the National or Provincial road network respectively.
Such projects are mainly new road axes, bypass roads, perimeter roads, connectors, traffic junctions and improvements to existing road sections, whether included in approved regulatory plans or General Urban Plans GIS or land use plans, or not”.
(Paragraph 1 is replaced by paragraph 2.) the Article-1 of the Presidential Decree-221/99 Government Gazette-188/A/20-9-99. With the Approval-DME/e/0/172/3/ 7-2-00 of the GGDE Directorate of Public Works projects It is clarified that the provisions of Article 3 of Presidential Decree-209/98 (i.e. commitment of the zone of passage with a prohibition on the issuance of building permits within it and application minimum distances OT for the buildings outside it) for the studies (new roads, bypasses, perimeter connections etc.) or provided for by approved regulatory connections etc.) or provided for by approved regulatory plans GSP or plans for use of land or not provided for. )

2) The provisions of the previous paragraph shall apply from the date of publication in the Government Gazette of the Decision of the Minister of Public Works, the Secretary General of the Region or the Prefect, accompanied by the approved study (which shall be at the preliminary or final design stage on a topographical basis) specifying the axis and the transit zone of the project and the planned implementation time of the project, which shall not exceed four years and may be renewed only once.

3) From the date of issuance of the relevant decision (which is issued after approval of the preliminary or final design on a topographical basis), no building permits may be issued for the construction of buildings or the execution of construction works in the road crossing zone.

ARTICLE 4

1. Upon entry into force of this decree, the following shall be repealed:

a) NW/26-8/8-9/36 (Government Gazette 392/36), as subsequently amended and supplemented.

b) Article 1 of Royal Decree 23-10/14-11-59 (Government Gazette 252/59), as subsequently amended and supplemented.

(Note: These regulations have been repealed by Article 4 of Presidential Decree 347/93.)

c) Any other provision that conflicts with the provisions herein.

2) Building permits issued prior to the entry into force of this decree under previous provisions and which are still valid may be executed or revised with or without an increase in their volume in accordance with the previous provisions. Also, in accordance with the previous provisions, permits may be issued, executed, or revised with or without an increase in the volume of the building, provided that at the time the previous provisions are in force:

a) an application has been submitted to the competent Urban Planning Authority with all the plans and supporting documents required by the relevant provisions, or

b) the preliminary plans provided for in the relevant provisions have been approved by the competent Urban Planning Authority; or

c) a study of the specific building relating to its functionality has been approved by the competent authority, as applicable, within the last three years and is valid, with or without deviations based on previous provisions; or

d) an application with a complete architectural study has been submitted to the competent authority within the last two years for approval, which is necessary in accordance with the relevant provisions for the granting of a building permit, or

e) if it concerns the construction of a building for which an architectural competition has been announced on the basis of Decision E.27960/665/7/30-9-70 (Government Gazette 684/B/70) of the Minister of Public Works or following a call for expressions of interest based on Article 11, paragraph 5 of Law 716/77 (Government Gazette 295/A/77).

In this case, the previous provisions apply if the application for a building permit, with all the required plans and supporting documents, is submitted within one year of the repeal of the corresponding previous provisions, while in cases c, d, and e, this deadline is two years.

In the above case, the previous rules apply, as long as no file is put in the archive according to the relevant rules.

4) This decree shall enter into force upon its publication in the Government Gazette.

5) We assign the publication and execution of this Decree to the Minister of Environment, Spatial Planning, and Public Works.

Athens, June 24, 1998
Approval No. 83808/33/00 Construction outside the plan Approval No. 33/00

Possibility of applying a deviation in terms of distances, of paragraph 5a of Article 1 of PD/24-5-85 (Government Gazette 270/D/85), from the boundaries of the plot for the construction of a building on a plot that is generally even
of paragraph 1b of Article 1 of the same Decree. (For plots facing international, national, provincial, municipal, and community roads, as well as their abandoned sections and railway lines)

1. Taking into account:
1. Law No. 1558/85 “Government and Government Bodies”.
2. The provisions of Article 27(2) of Law No. 1577/85 on the General Urban Planning Law.
3. The provisions of Article 1 of Presidential Decree 24/31-5-85 (Government Gazette 270/Δ/85).
4. Application No. 11850/239/5-11-99 submitted by Mr. K. P.
5. Opinion No. 9/69/30-3-00 of the KSOP (Central Council of Architects) and because, although the depth of the plot is greater than 50.0 meters, at the location where the building is to be constructed (due to its distance from the national highway axis) the depth of the plot is 15.00 meters, which makes it unbuildable,
We decide:
In plots of land referred to in paragraph 1b of Article 1 of PD/24-5-85 (Government Gazette 270/D/85), the depth of the plot may be taken as the dimension of the plot at the location where the building must be placed, in accordance with the provisions of PD 209/24-6/15-7-98 (Government Gazette 169/A/98), and the reduced distances of paragraph 5bb of Article 1 of Presidential Decree 24/31-5-85 (Government Gazette 270/D/85) from the boundaries of the plot, provided, of course, that the relevant conditions of the time of its creation for its completeness by way of derogation are met.