All new unlicensed unauthorized constructions erected after January 1, 2024 are demolished as a matter of absolute priority. At the same time, the older unauthorized ones will also begin to be demolished starting from 2023 and back – and – with a commitment to a minimum number of annual demolitions that currently do not exists. These, among other things, are foreseen in a draft law of the Ministry of Environment and Energy, which changes everything in the way of demolishing the illegal ones. The draft law, presented today by “TA NEA”, is expected to be submitted to a public consultation within the next period, in order to then be submitted for a vote in the Parliament.
As mentioned above, priority is given to demolishing recent constructions that have been erected starting in 2023 and back. Here, based on what is mentioned in the draft law, the following is foreseen: “An arbitrary number of buildings will be demolished at least with the number of residential demolition protocols of 2022 by 50% with time priority criteria and by 50% with environmental and spatial planning criteria. The criteria will be specified by decision of the Minister of Environment”.
The planning for the demolition of arbitrary buildings includes those erected before 2011. In this category of arbitrary buildings, as explained by sources familiar with the matter, the demolitions will start from the so-called “flagrant” cases, such as, for example , the arbitrarily erected on lands that do not belong to the owners of these buildings and are impossible to legalize.
The suspicion of the CoE
According to the same sources, all this planning and prioritization of demolitions is being done because, with the massive squatter settlements/legalizations that have taken place in recent years, the chances of a squatter being demolished were very slim.
“You had the same chance of having your arbitrariness demolished as winning the lottery” they say. “And that’s why there are still arbitrariness from the 70s that haven’t been demolished.”
This obvious inconsistency and inadequacy of the state had led to reasonable suspicion in relations with the CoE. Indicative is the fact, always according to the same sources, of the non-utilization of the 4.5 billion euros that currently exist in the Green Fund, which, as they point out, are pooling in the Fund and have not been channeled, based on what is foreseen, into the restoration of the damage caused to the environment by the massive settlement of the arbitrary (s.s.: the so-called environmental balance).
Legalization
“Until now we have brought legalization without demolition. Now we will first bring the demolition and then the legalization so that there are no suspicions in the Council of State about our intentions to introduce red lines. And everything will be done with the urban planning balance in mind, so that the damage caused by the arbitrary construction is remedied with payment from the one who built arbitrarily” the Minister of Environment and Energy Theodoros Skylakakis points out speaking to “NEA”.
For the implementation of the planning provided for by the draft law, a system of full monitoring of the built environment, a process of identifying and recording arbitrary construction with modern technological means (satellites, drones, artificial intelligence, etc.), system interface with the e- licenses, as well as a complaints platform. “Any deviation of a new building over one meter (this is the technical possibility provided by satellite monitoring) will be demolished without any exception” says the Ministry of Environment and Energy.
Voluntary demolition
As stated in the draft law, the owner of the property may voluntarily accept the autopsy report and demolish or restore the legal use by restoring things to their previous state.
For this purpose, he should submit to the Department of Planning and Control of the Built Environment of the Ministry of Interior, either electronically (at the address d.paratiritirio@prv. ypeka. gr) or in paper form in person or through his authorized representative, a responsible declaration with the which undertakes the obligation to carry out the demolition by its own means, within 30 working days from the walling of the autopsy report on the property.
Fines and reliefs
In case of compliance by the owner, 50% of the construction fine is deleted and the administrative sanctions are not imposed or revoked, if they have already been imposed, while the administrative prosecution ceases. In case of partial compliance by the owner, 50% of the construction fine corresponding to the buildings to be demolished and the restored uses is deleted, and for the rest all the prescribed penalties are imposed. According to what is mentioned in the draft law, the construction fine is equal to the value of the arbitrariness multiplied by the environmental burden factor. The value of the arbitrariness is calculated as the product of its area, multiplied by the zone price of the area of the property, as it applies on the date of the violation, according to the system of objective values of the Ministry of Finance.
The minimum amount of the construction fine will vary (depending on the case) from 250 to 1,500 euros. It is noted that from the pasting of the autopsy report to the demolition or the legalization of the illegal buildings (if provided for), a fine for untimely demolition is imposed for each year of non-remediation of the illegal building, which is equal to 50% of the erection fine, which varies (depending on the case) from 100 to 750 euros.
The fines for the unauthorized construction are paid by the debtor in 30 equal monthly installments and the fines for untimely demolition in 12 monthly installments, of which the first one is due in the month following the receipt of the fine to the competent financial service. In the event that the fine due is paid in full within the first month of the certificate, a discount of 30% of this amount is provided. It is clarified that the owners or principals of the construction or installation of arbitrary constructions or changes of use respectively and their construction contractors are punished with a prison sentence of 2 years and a fine of 180 to 360 daily units. As stated in the draft law, the amount of each daily unit cannot be lower than 70 euros nor higher than 150 euros.
Suspension for financial activities
In cases of detection of arbitrary buildings and constructions/arbitrary change of use, if it is a space in which the economic activity is carried out or used to carry out and support the general operation of the economic activity: a) a temporary withdrawal of the license or operating approval is imposed or b) issued temporary shutdown decision. At the same time as the sanctions, an interruption of the electricity supply is imposed.
They are not prosecuted
The members of the control echelons are not responsible, are not prosecuted and are not examined for acts or omissions concerning the application of the law, unless: a) they acted with the intention and purpose of obtaining themselves or a third party illegal property or harming the State , b) violated the confidentiality of information and c) interfered with the duty of confidentiality. The demolitions will be carried out by two agencies: the Ministry of Environment and Energy and the Ministry of Infrastructure and Transport.
Refugees
Upon the autopsy report, the interested party may file an appeal with the Central Council for Town Planning Issues and Disputes B within 10 days of the autopsy report being posted on the property. The deadline and the exercise of the appeal have a suspensory effect.
Appeals are not made in the event that during the inspection it is found that construction works are being carried out, there is no valid project sign and these are arbitrary buildings or constructions in the port zone or a procedure is applied for the issuance of a demolition protocol.
The appeal must be accompanied by proof of payment to the Green Fund of a levy of 200 euros for surface violations up to 30 sq.m., 500 euros for violations up to 80 sq.m. and 1,000 euros for surface violations of more than 80 sq.m.
#demolitions
2024-03-03 05:37:35