Possibility of partial legalization and regularization of unauthorized construction

The General Directorate of Urban Planning of the Ministry of Environment and Energy issued clarifications regarding the possibility of partial legalization and regularization of unauthorized construction regularization of unauthorized construction.

In the document with the clarifications the following are mentioned the following:

“In response to questions from the Services regarding the possibility of partial legalization and regularization of unauthorized construction, taking into account:

1. Article 8 of Law 4178/13, which stipulates that: “From the date of entry into force of this law, the collection and imposition of any penalty shall be suspended for the period provided for in this law, or a definitive exemption from demolition shall be granted, depending on the category of the unauthorized construction, after payment of the single special fine or the relevant fee, if provided for in this law, the amount and method of payment of which are specified in this law…”,

2. Paragraph 1a of Article 23 of Law 4178/13, which states that “In the case of unauthorized constructions or uses for which a legalization or demolition permit may be issued under the legislation in force, provided that the fee referred to in paragraph 10 of Article 11 is paid …”,

3. Paragraph 6 of Article 4 of Law 4067/2012, as amended by paragraph 8 of Article 20 of Law 4258/2014 and currently in force, which states that: “In the case of an unauthorized construction that complies with the urban planning provisions in force or those in force at the time of its construction, it may be legalized after the issuance or revision of … a building permit … After the issuance or revision of the above building permit, the construction ceases to be unauthorized and subject to demolition. …”

4. Ministerial Decision 63234/19-12-12 “Technical Guidelines for the implementation of Law 4067/12,” which states that: “In any case, it is not permitted to issue a building permit for a property with unauthorized structures that cannot be legalized, have not been exempted from demolition, whose demolition has not been suspended by the provisions in force at the time regarding unauthorized structures, or which have not been demolished.”

5. Article 23(1)(d) of Law 4067/12, as amended and in force by Law 4258/14, which states that: “1. A building or part thereof shall be deemed to be legally existing:… d) if it existed prior to the royal decree of 9.8.1955 or was exempted by the provisions of Law 1337/1983 or was definitively exempted in accordance with the provisions of Law 4178/2013,”

6. The Building Regulations (Government Gazette 59/∆/3-2-1989) where the building requirements of the structural works in their entirety and in on the part of the elements of these works, so that they function as a single whole and to serve the use for the which they are intended,

and noting in particular that:

a) the retention period for unauthorized structures subject to Law 4178/13 varies according to the category to which they belong under Article 9 of Law 4178/13 (which may be indefinite – definitive exemption),

b) the structures or parts thereof to be legalized must comply with the urban planning provisions in force or those in force at the time of their construction, including the requirements of the Building Regulations (building strength, building safety during operation, lighting, ventilation, accessibility, etc.),

it appears that in the case of a completely arbitrary construction, it is possible to issue a building permit to legalize the part of it that complies with urban planning provisions, while the remaining part is subject to the regularization provisions of Law 4178/2013, provided that:

a) The part of the unauthorized construction to be legalized complies with urban planning provisions and the remaining part to be regularized belongs to categories 1, 2, or 3 of Article 9 of Law 4178/13, which are exempt from demolition, or category 4 of the same article, provided that it has been definitively exempted from demolition under the conditions specified in that category and after completion of the building identity form under Law 3843/10.

b) The part of the unauthorized construction to be regularized that falls under categories 4 (subject to the provisions of the above paragraph) and 5 of Article 9 of Law 4178/13 is structurally and functionally independent from the part to be legalized, so that after the expiry of the retention period specified in the above law, it is possible to demolish the regularized parts, and the remaining building to retain its structural and functional independence.

THE GENERAL MANAGER OF URBAN PLANNING
GEORGIOS GANASOULIS”