New circular: Simplification of the process for issuing building permits in areas outside the plan

The process of issuing building permits in areas outside city plans and settlements, which are not forested and for which forest maps have been posted, is significantly simplified and accelerated, following a circular signed by the Minister of Environment and Energy, Kostas Skrekas, and the Deputy Ministers, Nikos Tagaras and Giorgos Amiras.

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” We are moving steadily and consistently towards the implementation of everything we announced following our recent visits to many areas of the country, in order to inform citizens about our initiatives to resolve the problems with the forest maps,” said the Minister of Environment and Energy, Kostas Skrekas.

He added that “This is also the context for the directive with which we are significantly reducing the bureaucracy involved in issuing building permits in areas outside the plan and outside settlements that are not forested.” As Mr. Skrekas emphasized: “The reform of forest maps is of paramount importance for safeguarding citizens’ property, protecting the environment, and attracting investment.”

“We are resolving the issue that arose after the forest maps were posted by replacing the classification certificate—which was required by the Forestry Service for the issuance of a building permit—with a sworn statement by an engineer on the topographical diagram,” explained Deputy Minister of Environment and Energy Nikos Tagaras.

According to the Ministry of Environment and Energy, the circular stipulates that for the issuance of a building permit for properties located outside the city plan and outside settlement boundaries, which are designated as other types (AA) or non-forest (PA) and regardless of the stage of the map (posting, partial ratification, total ratification), no certification from the forestry service or other competent body is required. From now on, the procedure will be completed only upon presentation of a solemn declaration by an engineer stating that the location of the property, as determined geospatially in relation to the posted forest map, does not fall within an area governed by the provisions of forestry legislation.

It should be noted that prior to the publication of forest maps, in order to issue a building permit in areas outside the city plan and outside settlements, they had to first be classified as not belonging to a forest or forest area through a complex process that took a long time.

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Read the full text of the circular below:

Subject: Directive on declaring whether land is forested or not when issuing building permits, following the publication of forest maps.
In response to questions from services, engineers, and citizens regarding the procedure applied after the publication of forest maps for certifying the forest or non-forest character of properties located outside city plans and outside settlements when issuing building permits, we would like to inform you of the following:

The procedure of Article 14 of Law 998/79 for classifying an area or part of the land surface as falling or not falling under the cases of Article 3 of Law 998/79 (forest, forest area), which provided for the issuance of an act by the locally competent forest ranger or the Director of Forests and the expiry of the deadline for submitting objections to the Commission or an application for annulment of the Commission’s decision or the issuance of a final decision by the competent administrative court on the application for annulment, applied for the period until the forest maps were posted and now applies only to areas not included in the forest maps.

Following the publication of the forest maps, Article 20(6) of Law 3889/2010 applies, which stipulates that “… If required by existing provisions, with the exception of the provision of paragraph 4, the certification of the forest or non-forest nature of the area before the State, the first and second degree local authorities, and the services and bodies of the wider public sector of paragraph 6 of Article 1 of Law 1256/1982 (A’ 65), as applicable, shall be made by means of a solemn declaration under Article 8 of Law 1599/1986 (A’ 75) on the topographical diagram relating to the specific property by its author. The declaration must state whether the designation of the area as forest or non-forest is provisional or definitive, depending on the stage of the forest map.

From the above, and given that forest maps include and chart the forest areas referred to in paragraphs 1, 2, 3, 4, and 5 of Article 3 of Law 998/79, as currently in force, it follows that for the issuance of building permits on properties located outside the plan and outside the boundaries of settlements, which are designated as AA or PA and are not reforestable/afforestable areas (AN) according to the categories of form/ coverage of the forest map of Ministerial Decision 158576/1579/2017 (Government Gazette 2373 B’) and regardless of the stage of the map (posting, partial ratification, total ratification), no certification from the forestry service or other competent body is required, except for the inclusion on the topographical diagram of a responsible declaration under Law 1599/1986, in which a competent engineer will state that the location of the property, as determined geospatially in relation to the posted forest map, does not fall within an area governed by the provisions of forest legislation. The same declaration shall also indicate the stage at which the forest map is currently at.

For properties located in other forest map areas (except AA or PA), the issuance of a building permit is permitted after any change in the form/coverage category, following any acceptance of obvious errors or objections to the forest map submitted, as not governed by the provisions of forest legislation.

The Minister

Environment & Energy
Konstantinos Skrekas