Reporting Arbitrary Acts: Citizens’ Rights and Urban Planning Legality

Reporting unauthorized construction is an important tool for monitoring urban planning compliance and serves as a channel for citizens to intervene in the protection of the built environment. It enables any natural or legal person to activate the competent services when they identify violations related to constructions or uses of spaces that do not comply with the applicable urban planning and environmental legislation.

The applicable legislation (Law 4495/2017 and Law 4759/2020) stipulates that any citizen or entity has the right to file a complaint with the Building Authority (YDOM) if they discover the existence of an unauthorized construction or use. The complaint may be named or anonymous, but in practice it is more effective when it is named, as the YDOM is obliged to inform the complainant of the progress of the case.

After the complaint is filed, the Administration is required to activate its inspection mechanism. The YDOM must conduct an on-site inspection within a reasonable time, in accordance with Circular 3/2019 (usually within one month), to determine whether there has indeed been a violation of urban planning regulations. If a violation is found:

• An autopsy report is being prepared.
• A demolition or fine protocol is issued.
• The competent authorities are informed about the further procedure.

For unauthorized structures located in specially protected areas (forests, beaches, public spaces), rapid intervention by the Special Demolition Service is provided for, without the need for lengthy administrative proceedings.

Responsibility of the complainant

Although complaints are based on constitutionally guaranteed rights (Article 24 of the Constitution and the Aarhus Convention), they must be exercised responsibly. Abusive or false complaints may result in:

• Civil liability for compensation
• Criminal consequences (e.g., false accusation or defamatory slander)
• Administrative delays and legal protection

Despite the provisions of the law, in practice there are delays in processing complaints, mainly due to understaffing or administrative inertia. In such cases, citizens may:

• Contact the Ombudsman
• Request disciplinary review of employees
• To exercise legal remedies (e.g., application for annulment due to failure to perform a required action)

The possibility of filing a complaint against arbitrary actions encourages citizens to participate in protecting legality and the environment. However, this process requires accuracy, good faith, and respect for the rules of good administration in order to avoid abusive practices and ensure the proper functioning of urban planning mechanisms.