Secrets and pitfalls of arbitrary decisions

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The government is issuing a final call for millions of owners of unauthorized buildings to declare and settle their debts, offering the incentive of significant reductions in fines for buildings constructed before 2011.

However, the Ministry of Environment has also announced a “safari” of inspections by the new structure created within the bill, the Built Environment Observatory, which will impose heavy fines on any unauthorized structures identified either through complaints or their own inspections that have not been incorporated into the new regulations.
At the same time, however, along with the changes to arbitrary regulations, new procedures are being instituted that concern the entire built environment, with new procedures and services in the field of urban planning:

1. Reductions in the fees required to qualify for the provisions of the new law and what changes in arbitrary cases:
The fee payable to the Greek State is as follows:

  • 250 euros for unauthorized construction/use of up to 100 square meters.
  • 500 euros for buildings/uses larger than 100 m² and up to 500 m².
  • 1,000 euros for buildings/uses over 500 sq. m. and up to 2,000 sq. m.
  • €4,000 for buildings/uses larger than 5,000 square meters.

2. Changes to material delivery notes:
Material delivery notes must include the building permit number or any other information regarding the legality of the building being constructed, is being completed or repaired, such as the unique number of the unauthorized building declaration in the case of a regulated unauthorized building. A joint ministerial decision shall determine the type of building materials to which this applies and any necessary details regarding the mandatory information to be included on the delivery note, as well as the conduct of checks to link the delivery notes to the building permit number and the updating of the electronic register of building permits.

3. How the special fine is paid:
The fine is paid in 80 monthly installments. In the event of late payment of the monthly installment, according to Eleftheros Typos, the unpaid amount of the installment is increased by 1% for each month of delay.

4. What are the reductions and surcharges for the special uniform fine:
The uniform special fine, as calculated, is reduced:

  • by 20%, provided that the unauthorized construction/use is subject to the provisions of this law by 08/02/2017.
  • by 10% if the unauthorized construction/use is subject to the provisions of this law from February 9, 2017, to August 8, 2017.

The single specific fine is increased:

  • by 10%, provided that the unauthorized construction/use is subject to the provisions of this law from August 9, 2017, to February 8, 2018.
  • by 20%, provided that the unauthorized construction/use is subject to the provisions of this law after February 9, 2018.

In the event that, for the inclusion of unauthorized constructions and uses, the planned structural reinforcement works are completed on the basis of the structural study prepared by an engineer, the following reductions apply:

  • 60% in areas with seismic risk 3.
  • 50% in areas of seismic risk 2.
  • 30% in areas of seismic risk 1.

5. After July 28, 2011, no tolerance will be allowed, as demolition is planned for unauthorized buildings identified by the Observatory during the construction phase, with funds coming from the fines for construction and maintenance.
For buildings identified after they have been constructed, the construction fine of 30% currently in force will be increased to 100% of the objective value of the building and to 150% in environmentally sensitive areas.
Maintenance fines for as long as the buildings remain standing until their demolition is planned and implemented will increase from 5% to 50%.
The maintenance fine is equal to 50% of the construction fine and is payable from the first day the unauthorized construction is discovered. The minimum maintenance fine is €100.

6. The settlement period is extended by two years with a gradually increasing fine depending on the six-month period of inclusion. The prohibitions on the inclusion of unauthorized structures located on beaches, in forests, streams, public spaces, archaeological sites, etc. remain in force. The fees for inclusion are reduced by half. Installments are increased from 60 to 80, and fines in environmentally sensitive areas are also increased.

7. Now the version c’ building permit is issued immediately after the electronic submission file which contains all the required studies.

8. Under the new law, the fines that those who have built illegally will be required to pay are lower in several cases, while those who have been subject to other laws but have not paid their full financial obligation are given the right to apply for inclusion in the new regime.