Recently, the government officially announced its final decision not to grant any extension to the landmark date of December 9, 2022 for the abolition of construction on pitches, which are subject to the deviations of the Off Plan Construction, which concerns pitches of less than 4 hectares that have a national face, provincial and municipal network.

By GRAMMATIS BAKLATSI, surveyor - urban planning engineer

We remind you that, with Law 4759/2020, a grace period was given for building on these small plots, providing for pre-approval or the issuance of a building permit within two years from the passing of the law with the possibility of building within 4 years. However, the Ministry of Environment, understanding the difficulties faced by citizens and engineers in issuing permits, has made it possible for those citizens who submit an application with the required supporting documents and without the requirement of all studies until December 9, 2022, to secure the right to build.

What exactly is intended to apply?

The government will immediately file a legislative regulation which will provide the possibility for even-numbered pitches in the off-plan areas for which a building permit has not been issued until 9.12.2022, to be able to be built, if the citizens through the engineers until 9.12.2022 choose one of the following procedures:

A) Whether they submit an application for the issuance of a pre-approval building permit, as long as it is complete in terms of the submitted supporting documents and studies, as defined by law. It is clarified that for the duration of its validity, the general provisions are applied as they are.

B) Whether they submit an application for the issuance of a certificate of building conditions accompanied by the necessary supporting documents. However, the use of the certificate of building conditions that will be issued will only be possible until 30.9.2023, as until this date either a request for a building permit or pre-approval must be submitted.

• What are the required supporting documents for the issuance of a Building Conditions Certificate by the town planning department?

a) application of the owner of the project or the holder of a legal right, with the declarations of assignments of undertakings and supervision of studies

b) topographic diagram dependent on the state coordinate system, according to the applicable specifications

c) title deed and recent title certificate or cadastral sheet or extract of cadastral diagram for each property

d) other documents as the case may be (e.g. power of attorney, consent, lease agreement, etc.).

• How long does the building conditions certificate take?

The use of the building condition certificate issued by the e-adeies electronic system will only be possible until 30.9.2023, as until this date either a request for a building permit or pre-approval must be submitted.

• What are the required supporting documents for the issuance of pre-approval from the town planning authority?

For the issuance of the pre-approval building permit, the following supporting documents must be submitted electronically to the competent service:

a) application of the owner of the project or the holder of a legal right, with the declarations of assignments of undertakings and supervision of studies

b) topographic diagram dependent on the state coordinate system, according to the applicable specifications

c) coverage diagram, according to the applicable specifications,

d) title deed and recent title certificate or cadastral sheet or extract of cadastral diagram for each property

e) evidence of legality of existing buildings (e.g. arbitrary building or construction such as fencing, walling, etc.)

f) technical report that accurately describes the project, sizes and uses.

• How long does pre-approval take?

The pre-approval lasts one year from the date of issuance of the deed by e-adeies.

• When located in an area where the consent of Archeology, Council of Architecture, etc. is required. operators, what do we do?

According to a circular of the Ministry of the Interior, in addition to the above-mentioned supporting documents, it is not required during the pre-approval stage to submit any approval of an institution, service or collective body, due to the location of the project, its nature, its use or any special characteristics. Likewise, it is not required to submit the approvals of agencies, services or collective bodies in order to receive the building conditions certificate. All required approvals are submitted to the permit information system during the building permit issuance stage.

• In which areas are the derogations not removed?

Derogations are not abolished for pitches located in areas outside urban plans and outside the boundaries of settlements (prior to the year 1923 and demarcated below 2000 inhabitants) but in which land uses, conditions and building restrictions have been defined by urban planning tools of the 1st level ( such as indicatively GIS, SCHOAP, ZOE) or by decrees that define conditions and restrictions for building in areas outside the plan, provided of course that they have not already been abolished by the special regulations of the relevant p.d. or decisions or the urban planning of the first level of each region.

• Can I register the pre-approval now to pre-empt and then amend it when the building permit is issued?

Yes, the pre-approval is being revised due to the modification of the coverage diagram, but without the change of the urban planning sizes of coverage, building and volume. So in the event that you have not clarified what the size of the building you wish to build is, the best option now is to submit a request for a Construction Conditions Certificate to secure the right to build in principle and then by September 30, 2023 to submit a pre-approval request or issuing a building permit.

• What are these small derogation pitches, for which an application must be made by 9/12/2022?

The fields that are outside the plan and outside the urban plan (GIS, SCHOOAP, ZOE etc. of Decrees) and face International National Provincial, Municipal and Community roads as well as their abandoned sections and railway lines) and have the following conditions:

– Area=2000 m2 – Face=25.00m – Depth=40.00m (before 17.10.1978)

– Area=1200 m2 – Face=20.00m – Depth=35.00m (before 12.09.1964)

– Area=1200 m2 – Face=20.00m – Depth=35.00m (before 12.09.1964)

– Area=2000 sq m – (within the zone of cities and settlements & before 24.04.1977)

– Area=2000 sq.m. (what remains as a result of expropriations or the opening of international, national or provincial roads).

• What should owners do?

Those who are owners of plots of land smaller than 4,000 m2, which until the entry into force of the new Law were by way of exception considered even and buildable, should contact an engineer in order to submit in time by December 9, 2022 an application either for the issuance of a pre-approval building permit, or for the issuance of a certificate of building conditions, to secure the right to build a residence.

In the event that by this date, the owners do not proceed with the application, all deviations of adequacy and, by extension, the right to build, are abolished, resulting in a vertical drop in the value of their property.

SOURCE: www.michanikos-online.gr