Provision of information regarding establishments of public health interest with regard to the certification of primary use and the necessity of issuing a building permit for change of use.

Provision of information regarding the shops of health interest as far as the confirmation of space is concerned confirmation of space reference the certification space main use and the necessity of issuing a permit for construction change of use

Ref.: 1. Document No. 076547/3-3-15 from our Directorate concerning land use.

For clarification regarding the content of your document, we would like to point out the following:

A) When the building was constructed before 1955

For the granting of a certificate of main use space for buildings of this period and on the condition that there is no building permit, the granting of the aforementioned certificate of main use space is preceded by the issuance by the Building Service of a certificate of verification by its head, which certifies the legal outline of the building.

In addition to the aforementioned ascertaining act, the Building Authority may, upon request, issue a “certificate of building space prior to 1955” provided that a topographical survey, coverage diagram with schematic cross-section, a statement of strength, and documents proving the type of operation and use of the specific space, such as police documents, leases, documents from chambers of commerce and related professional bodies, etc.

B) When the building was constructed prior to the 1985 Building Code

When the building was constructed prior to the 1985 General Building Regulations, certificates of primary use intended for the operating license of health-related establishments are issued by the competent YDOM (Building Control Authority) once it has been verified that the specific use (K.Y.E.) continues to apply continuously to this day in the same space.

C) Inclusion of buildings in accordance with the provisions of Law 4178/13

When the property has been regulated in accordance with the provisions of Law 4178/13 and paragraph 3 of Article 24 thereof, the following must be submitted to the Building Authority in order to obtain a certificate of primary use:

1. Declaration of compliance with Law 4178/13 (according to the mandatory 20% sampling check).
2. License form and floor plan of approved designs by the Y.D.O.M.
3. Designs of the space by a private engineer (based on Law 4178/13)
4. Photographs
5. Affidavit from the private engineer.
6. Certificate of structural adequacy-structural vulnerability.

D) Additional clarifications

a)When a building permit has been issued for a change of use from … to a health-related business, the certificate of primary use must be provided by a private engineer.

It should be noted that commercial stores and stores of public health interest (refreshment stands, restaurants, etc.) constitute distinct categories of use, in accordance with paragraph B of Article 1 of Presidential Decree 166/τΔ/06.03.87 dated 23.02.87 (Government Gazette 166/τΔ/06.03.87) and the “Building Regulations” (Government Gazette 59/τΔ/03.02.89). Therefore, a building permit is required to change the use of a “shop” to a shop of public health interest (e.g., restaurant, refreshment bar, etc.).

b)In all of the above cases, in order for an operating license to be approved, the use (K.Y.E.) must be permitted by the land use regulations for the area.
c)The land use certificate is issued upon request by the interested party either by the competent Y.D.O.M. or, when the building is located within a Historic Center, by the competent department of Historic City Centers and Traditional Settlements of the Ministry of Productive Reconstruction, Environment, and Energy.
d)If the property is located within the Historic Center, or within a listed monument-building, or in the zone of influence of a monument, pursuant to Law 3028/2002 on the Protection of Antiquities and Cultural Heritage in general, in the event of a change of use (new use of the building) or construction work for the installation and operation of a KYE, prior approval is required from the Department for the Protection of Modern Monuments and Movable Cultural Property of the Ministry of Culture, Education, and Religious Affairs.
e)When there is proven use of KYE in the building, no additional approval is required.