With the Ministry of Environment is in advanced consultations with the relevant bodies, in order to reopen but under certain conditions the platform for the inclusion of large arbitrary buildings in the settlement law, the government has already given a second chance to owners of affected areas to "save" their properties.

As sources explain to Free Press on Sunday, the purpose of the Ministry of Environment is to examine cases that are unjustly in category 5 and therefore their owners are tied up, since the deadline for settlement against fines has passed. In particular, the principle is to be applied to those arbitrary buildings that were subject to settlement under Law 4014/11.

At the same time, many of the buildings that appear to be arbitrary seem to belong to the State, since it was not obliged to declare them and, therefore, provision is expected to be made for these cases as well.

But which ones definitely have a second chance after the legislation brought by the Ministry of Environment? These are buildings that have major breaches and had stopped being regularised after 30/09/2020, which was the deadline. The categories of citizens who have another opportunity relate to cases such as dwellings acquired by auction, by inheritance, rented out under a leasing contract and located in areas declared in the year 2020 to be in a state of emergency, etc.

Among these cases are buildings without a permit and buildings that converted many additional square meters into a residence by closing semi-open spaces, piers and converting basements into a residence.

Individual details and answers to questions of owners gives to "E.T." of Sunday the agronomist - surveyor - engineer Secretary Baklatsi.

1 Which regions are concerned?

In areas such as Oropos, Marathon, Nea Ionia, Heraklion, as well as 67 other areas from 24 Regional Units, covering almost half of Greece, the owners of arbitrary buildings of category 5, i.e. arbitrary buildings with large urban excesses or buildings that were erected without a building permit, can exceptionally declare and settle them and thus save their arbitrary buildings from demolition.

2 When does the system shut down and the settlement stop?

In order to be legalised, the arbitrary buildings must be registered by 9 December 2021.

3 Which large arbitrary buildings does the new law allow to be settled by the end of 2025?

Until the passage of the law, it was possible to regularize all unauthorized structures built with or without a building permit from 1955 to 1982 and unauthorized structures located on a property that has been issued a building permit but does not violate more than 40% of coverage and building coverage and more than 20% of building height.

The new provisions give the possibility to settle and arbitrary category 5 (entirely and arbitrary with large excesses), which involve many square meters of closing semi-outdoor spaces, panoply, closure of a pilotage, conversion of a basement into a living space and others.

4 Which additional arbitrary buildings change category and are exempt from demolition?

The following cases are no longer considered "major" arbitrary acts and are included in category 4 with the possibility of permanent exemption from demolition:

• Unauthorized open balconies or portions thereof that extend beyond the common area of the city (street line), provided that their projection does not exceed the curb.
• Unauthorized structures on properties with a building permit, regardless of the percentage of excess coverage or building coverage, when they do not exceed 50 square meters in total building area.
• Structures made on the basis of a legal building permit, when made on property that was subsequently subdivided, and which exceed the prescribed building and coverage, as calculated on the property formed after the subdivision. Unauthorized structures shall not be included in this case and shall not be permanently exempted from demolition if they are located within a lot by more than 20 cm.

5 What about arbitrary buildings in vertical and horizontal properties?

• The drafting and signing of notarial deeds for the creation of divided properties on land located outside the city plan and outside the boundaries of settlements and belonging to one or more owners, on which legally erected or arbitrary structures have been erected until 28.07.2011, which are settled. Also, under the same conditions mentioned above, valid and valid recommendations of divided properties, which have been established and have not been declared null and void by an irrevocable court decision, are considered valid and valid by default. The construction of buildings up to 28.07.2011 is proved by aerial photographs taken up to that date and certified by the engineer.

Co-owners of at least 65% of the land on which independent buildings have been erected may request the establishment of divided properties by filing the required documents for the preparation of a relevant deed.

• Co-owners of an undivided share in a horizontal or vertical property or in a building without a floor plan within a city plan, regardless of the percentage of co-ownership, arbitrary buildings or legal buildings with arbitrary minor violations or arbitrary constructions or arbitrary changes of use may request their inclusion in the regulations of the law on arbitrary buildings, regardless of the consent of the other undivided co-owners. The co-owner who declares the arbitrary act is liable to pay the registration fee and the corresponding fines and retains his statutory rights of recourse against the other co-owners. In any case, the other co-owners may pay the instalments of the fines due on their own initiative, in accordance with their percentage of co-ownership, following a written or electronic declaration to that effect.
• For the cases of horizontal property with violations concerning the extension of this height or width (horizontal) and the occupation of common or common area, it is possible to subject them to the present, without the consent of the other co-owners, only in the following cases:

α) where the unauthorised extension exists since the construction of the building, or

β) where the same unauthorised extension exists on all floors of the building.

For the inclusion of the above cases in the specific regulations, additional supporting documents are required, where applicable, in addition to the other supporting documents:

α) a solemn declaration by the owner of the horizontal property that the horizontal property has been extended and has occupied a common or common area since the time of construction of the entire building,

β) an engineer's certificate that the same arbitrary extension exists on all floors of the horizontal property.

• After the settlement of arbitrary acts and if certain conditions are met (the arbitrariness exists from the construction and on all floors or if the arbitrary extension or impairment takes place within the legal volume of the building or at a legal or non-legal underground level) the owner has the right to unilaterally proceed to a notarial act to amend the deed of establishment of horizontal or vertical ownership, in order to incorporate the space subject to the provisions hereof into his horizontal or vertical property or to exclude it from it. In this case, the agreement of all the co-owners shall be presumed.

The provision applies accordingly in cases where the same arbitrary construction exists on all floors and is not of construction.

A necessary element for the application of the provision, in case the required conditions are not cumulatively met, is the lapse of ten years from the commission of the arbitrary act and the non-issuance of an irrevocable court decision ordering demolition.

• For arbitrary buildings that have been installed in horizontal or vertical co-ownership and within parts of their exclusive use such as semi-open spaces that were closed, if during the establishment of divided properties they have been assigned to the beneficiaries as exclusive use, the consent of the other co-owners is not required for the inclusion of the arbitrary buildings. In particular, when arbitrary constructions or changes of use serving the co-ownership have been executed or installed in an annex of a horizontal or vertical property, the owner has the right to unilaterally make a notarial act of amendment of the deed of creation of horizontal or vertical property, in order to give the annex the character of a common and common area of the co-ownership. In this case, the consent of all the co-owners shall be presumed.

For other cases of horizontal ownership, involving occupation of common area or arbitrary acts on common areas, the consent of more than 50% of the co-owners is required.

6 What favourable regulations apply to arbitrary buildings today?

• Repayment of fines in 100 instalments.
• Reduction 20% to those who pay the fine in one lump sum.
• Reduction of 10% to those who pay 30% of the fine.
• Installments of 50 euros per month.
• Extension of an additional two years in the settlement of arbitrary buildings to those who are financially unable to pay the fines.
• Additional reduction for those with a single residence.
• Reductions from 15% to 30% for many vulnerable groups, such as disabled people, large families, third-parent families, unemployed people, social solidarity income beneficiaries, returnees.
• Possibility of legalizing an arbitrary building on an undivided plot within a plan, without the agreement of all co-owners.
• 30% for those who have an unauthorized structure in a settlement that has been designated as "stagnant".
• Discounts up to 60% in seismic hazard areas.
• Reduction 30% to 50% for buildings that have completed the energy upgrade.

What is foreseen for the semi-outdoors

The Ministry of Environment may be preparing a second chance to include large arbitrary buildings in the settlement race, but a big headache for the owners were the semi-open spaces, given that there has been a plethora of such violations.

These are arbitrary acts, which fall under category 4 and could be settled against fines. Specifically, through the regulation of the Ministry of Environment and Natural Resources, the payment of increased fines is provided for, allowing the maintenance for 30 years of semi-open spaces, as well as spaces located in the basement or other level of the building, which are located within the approved building volume on the basis of the building permit issued and which have been converted into areas of main use in excess of the building conditions and restrictions of the property, provided that their use is not prohibited by the urban planning provisions for land use in force in the area of the property.

It is recalled that for the first four categories of arbitrary buildings that have made their property subject to the regulation brought by the Ministry of Environment and expired on 30/9/2020, they have the opportunity to keep their properties with increased fines when the curtain falls on the subjection of arbitrary buildings, which will be done through the Electronic Building Identity, on March 31, 2026. Specifically, citizens have a 20% increase in fines in the first year and for each subsequent year they will be charged an additional 5%.

From the printed version of the Free Press  
https://eleftherostypos.gr/oikonomia/726708-deyteri-eykairia-gia-aythaireta-kai-imiypaithrioys-ola-osa-prepei-na-gnorizoyn-oi-idioktites/