The mayors of Attica, with the support of the Central Union of Municipalities of Greece (KEDE).

The promoted regulation, as they say, cuts the “incentives” for extra building given by the current New Building Regulation (NOK), but not as much as it should be in order to protect the cities already burdened by cement.

What does NOK foresee today? Why did it have to change? What changes does the new regulation bring? Who reacts and why? The “Economic Postman” answers 10 questions about an issue that brought together a series of municipalities in Attica, which in full cooperation, created a unique “alliance”, overcoming ideological and political barriers with … flagship cities that are human, with less cement.

What does the current NOC provide?

The NOK (law 4067/2012) gives a building “bonus” (in volume or in height) if a building contributes to improving the quality of life in densely built-up and urban areas. That is, if a planted roof is added to a building or if it follows standards for saving energy, etc., it gains in square footage.

The disputed articles are 10, 15, 19 and 25, which combined can add even an extra 10 meters to a building.

Where does the regulation promoted by the Ministry of Foreign Affairs put a “cutter”?

With the new legislative initiative, it is essentially proposed that the construction “bonuses” given by the NOK in Article 10 (for the environmental upgrade and improvement of the quality of life in densely built-up and urban areas) will not be applied, but only in areas with a building factor below 0 ,8. The incentives of Article 15 (paragraph 8) for the height of buildings are only affected by its combined use with Article 10 (paragraph 1).

As for the “bonuses” in the amount of article 19, paragraph 2 which gives incentives on the condition of a planted roof, planted outdoor areas, etc. are kept as they are. The incentives of Article 25, which gives a “gift” of an extra building factor of 5% to 10% to buildings with almost zero energy consumption, remain unchanged.

When does the new regulation come into effect?

Its implementation will start from May 1, 2024 and will be completed at the end of 2025, when it is expected that the country’s urban planning will be completed.

What will happen to the old building permits?

Building permits that have been issued before May 1, 2024 using incentives will be executed as issued and will be reviewed under the provisions in force at the time of their issuance, “for reasons of protecting the trust of the governed and to avoid particularly harmful effects”, as pointed out.

Why are KEDE and mayors still reacting?

In order not to create urban developments until the case of NOK’s “bonuses” is considered by the Plenary of the Council of State (Council of State).

Speaking to the “Economic Post”, the mayor of Vari – Voula – Vouliagmeni and vice-president of KEDE, Mr. Grigoris Konstandellos, characterizes the new regulation as “a hole in the water”, which does not cover the objections of KEDE.

As he says, the regulation limits building heights, but only by a third. “This cannot be accepted. It is a communicative arrangement. We at least expected the cumulative use of the three articles of the NOK, namely 10 (paragraph 1), 15 (paragraph 8) and 19 (paragraph 2) to be prohibited,” the mayor points out.

What will happen if the new regulation is passed today?

Especially for areas with a low building factor (below 0.8) the maximum height that the buildings will be able to take from + 9 meters today, is limited to + 5.90 meters. Specifically today, article 10 (paragraph 1) gives 3.25 meters, article 15 (paragraph 8) gives 1+1 meter, article 19 (paragraph 2) gives from 3.40 meters to 4.20 meters. “All these, if we add them up, give an extra 9 meters. And what does the new setup do? Removes 10.1 which only applies to trade routes. As for the areas with a factor of 0.8 to 1.6, he says that if articles 10.1 and 15.8 are used in combination, which currently gives an extra height of 5.25 meters, it reduces it to 2.5 meters. As for areas with a building factor over 1.6, the height “bonus” is limited to 3 meters with the combined application of these two articles”, explains Mr. Konstandellos.

At the same time, the new regulation does not change article 19 (paragraph 2) which will still give an average height of 3.80 meters nor article 25 which gives an increase in the building factor up to 10%.

Why while the NOK has been in effect since 2012, the “hustle” started about a year ago, when the first appeals to the Court began?

Although the NOK was in force since 2012, the construction boom was delayed due to the economic crisis and the pandemic, according to what architect Nikos Vratsanos said yesterday at an ELLET event on the implementation of the NOK in Kifissia. “Continuous revisions from 2020 onwards have brought new definitions and amendments to articles — loopholes that lead to the overexploitation of plots,” he said.

Which municipalities are reacting?

The fight against NOK building “bonuses” was started by the municipality of Alimos by appealing to the Council of Ministers for the cancellation of building permits, and the municipality of Vari – Voulas – Vouliagmenis followed with appeals to the Council of Ministers. Subsequently, the municipalities of Athens, Kifissia, Papagos – Cholargos and finally the municipality of Moschatos – Tavros have been added to the “alliance”. In fact, yesterday the mayor of Kifissia, Mr. Vassilis Xipolytas, said at the ELLET event that the final victory will be decided in the CoE when the provisions of the NOK are deemed unconstitutional.

In fact, as he mentioned, the municipality of Kifissia will initiate legal appeals against building permits that make use of the “bonuses”. According to the information he provided, in the last 6 to 7 years over a thousand (1,000) building permits have been issued and 388 are pending for issuance. Kifisia”. He also emphasized that Kifissia has 40% coverage anyway, and the conditions will not improve if it becomes 36% and the buildings are taller.

What happens to the “bonuses” in areas protected by Presidential Decrees (PDs)?

The NOK, according to Mr. Vratsanos, expressly excludes their application in the traditional parts of cities, such as Kifissia, for which special PDs have been established. “However, from 2021 onwards, we become silent witnesses to the discredit and destruction of the traditional section, where all the beneficial provisions of the NOK are finally applied, exceeding the building conditions of the area. We have gone back to the apartment buildings of the 70s and 80s, the very ones that the DPs tried to prevent. Huge volumes, extra floors, and for the first time built green spaces that NOK now allows”, he emphasized at the ELLET event.

What is the danger today?

For the first time – in contrast to the alteration of cities with the reconstruction of the 1950s, 1969 and 1970s – the destruction of the urban fabric included suburbs of unique beauty such as Kifissia, Psychiko, Filothei, Ekali, as well as areas that preserved human-scale buildings, such as the municipality of Vari-Voulas-Vouliagmenis and Alimos, as underlined by the head of Monumenta, Mrs. Irini Gratsia.

In the municipality of Psychikos – Filothei, Monumenta has verified the demolition of approximately 100 buildings, while in Kifissia, remarkable single-story and two-story buildings with their gardens are disappearing and behemoths are being built. According to Mrs. Gratsia, from the numbers of demolitions they record, it is clear that many are running to get ahead of the decision of the Plenary Session of the Council of Ministers on the “bonuses” of the NOK.

Source: Ot.gr