Only in… neighborhood will it be possible to build a new residence in areas outside the city plan or settlement boundaries.
The new regulations prepared by the staff of the Minister of Environment and Energy Mr. Theodoros Skylakakis and presented by “To Vima tis Kyriaki” set restrictions on the construction of residences in areas outside the plan, so that “virgin” lands are not altered.
Two conditions
The new text of the bill has significant changes, compared to the original one which was presented at the beginning of January to the Council of Ministers. In particular, as stated in “Vima” by a senior official of the Ministry of Environment and Energy (MEP), provisions have been added which attempt to concentrate residential buildings in non-planned areas where buildings already exist and in fact at certain distances from them, so that the building does not is widespread in the extra-urban area.
The new legislative initiative of the Ministry of Foreign Affairs, which is already in the co-competent ministries for signatures and is expected to be put up for public consultation soon, proposes even plots outside of the plan (i.e. more than 4 acres), with a “frontage” of 25 meters on a recognized street of at least 3.5 meters, to be allowed to build a residence, under two conditions. Firstly, there should be at least two legally existing buildings in the area and secondly, the distance of the new building from them should not exceed two kilometers.
The window”
However, a “window” has also been foreseen. Exceptionally, building will also be allowed on plots with a “face” of 3.5 meters, provided that they were created (i.e. last subdivided) before 1985, if there is already a building in the area where they are located. For the specific parcels of land, the new regulations will be stricter and will give the right to build only to those located at a distance of 250 meters from the existing building.
«The concentration of buildings limits the need to develop new infrastructures, thus also the environmental damage” the same source notes. More generally, the promoted regulations divide the construction in the off-plan areas into separate categories, i.e. those plots created up to May 1985 and between June 1985 and the end of 2003, although certain “windows” are also foreseen. In both categories, the roads that will offer the right to build on the fake parcels will be recognized based on aerial photographs from 1977. Let us remember that from 2003 onwards, the law 3212/2003 is clear and sets as a condition the four acres and a “face” of 25 meters on a recognized street for building on off-plan plots.
The final text
In particular, the final text of the bill for the even plots outside the plan provides that:
- Those that were created before May 31, 1985 or from May 31, 1985 to December 31, 2003 and have a frontage of at least 25 meters on a street that can be seen on aerial photographs before July 27, 1977, have a width of at least 3.5 meters and either it is connected to an international, national, provincial, municipal or community road or the State has been involved in its opening or maintenance.
- Construction of a house on plots of both categories (before 1985 and until 2003) will be allowed if in the area where they are located there are at least two older houses, built within a zone of 50 meters from the axis of the street.
- New housing will be allowed on plots located up to two kilometers from the existing buildings of the area, which to be considered as a … reference point will have to be legally existing. That is, either they had been erected before July 28, 2011, appeared on aerial photographs of 2011 and if it was arbitrary they had been legalized, or they were built after July 28, 2011 with a building permit. Any other plot of land located beyond two kilometers, even if it meets all the other conditions (of completeness, or connection to a recognized road) will not be able to be built on.
The exceptions
According to information, the new regulations open certain “windows” of opportunity for housing construction for specific categories of plots, with a total of four acres. More specifically:
- Four-acre even lots subdivided prior to June 1985, but having only 3.5 meters of frontage to a street shown on 1977 aerial photographs, may, by way of exception, be built on, but at least one older residential use building must exist , within a zone of 50 meters from the axis of the street. The new residence will only be allowed on those plots located at a distance of up to 250 meters from a legally existing building.
- The right-of-way on enclosed “blind” lots (that is, without a necessary right-of-way to a public road) seems to be on the way to being abolished. According to information, pre-1985 legally registered easements will probably be maintained, as long as there is at least one building served by each easement and has a building permit.
- It will be possible to build on any even plot of land created before May 31, 1985, without the conditions set by the promoted regulations of the Ministry of the Interior, as long as a notarial deed of sale, lease, etc. of the last five years to mention that the plot is even and buildable.
Pre-approvals – permits
The exceptions for those with pre-approvals or building permits are as follows:
- Those who have secured pre-approvals or building permits before the bill is passed can… sleep easy. The conditions for building on off-plan plots that will be set by the new regulations (recognized street, street width, face, etc.) will not apply to those created before June 1985 and for which pre-approved building permits or building permits have been issued or their revisions, unless there are irrevocable court decisions to cancel them.
- Also, for plots created between 31.5.1985 and 31.12.2003 for which building permit pre-approvals or building permits or their revisions have been issued and have a face of 25 meters, they will be able to build regardless of the width of the road that gives them the right to build, while it will not be required to appear in an aerial photo of ΄77. The regulation, as stated in “Vima” by an agent of the Ministry of Foreign Affairs, mainly concerns the islands.
- The width of the road will not apply to the construction of agricultural facilities, greenhouses, pumping facilities, etc. Also, those who have followed the procedures for building, by way of derogation, on special categories of plots (of 1962, 1964, 1978, etc.) with an area of less than 4 acres are also excluded from the new regulations, based on Law 4759/2020 ( article 40).
A fee (or environmental equivalent) will be paid for the new building permits that will be issued, the amount of which will be determined later by Presidential Decree. The money will be used for projects within the administrative boundaries of the municipality where each plot is located.
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