Greece’s highest court, the Council of State, ruled on Wednesday to block provisions in a new building regulation that allowed blanket increases in building heights and coefficients, declaring these unconstitutional.
According to the decision, these provisions introduced incentives that could undermine local zoning laws by permitting deviations, such as increased height and building density, in exchange for green spaces.
The court invalidated the relevant articles but did not grant retroactive effect to its decision. This means that building permits already issued under these provisions will remain valid and construction projects that are ongoing or temporarily halted will be allowed to proceed as planned.
The court emphasized the importance of legal certainty and public trust in its ruling. The official publication of the decision is expected in January.
The contested regulations were found to violate constitutional principles outlined in Article 24, which governs environmental protection and urban planning.
Experts highlighted the significance of the ruling, calling it a vital step in addressing unregulated construction which is negatively impacting the urban environment.
One such case which reached the courts concerns the Coco-Mat Athens BC boutique hotel, which was ordered to seal off its two top floors after being found to be in violation of zoning laws.
Last year, the Council of State ruled that Coco-Mat Athens BC had three months to demolish the two top floors as these were blocking the view to the Acropolis, an UNESCO World Heritage site.
