Draft Amendment Posits Freeze of Height-Boosting Building Permits

The Ministry of Energy and Environment has tabled an amendment addressing provisions of the New Building Regulation that were deemed unconstitutional by the Council of State. 

The Ministry of Energy and Environment has tabled an amendment addressing provisions of the New Building Regulation that were deemed unconstitutional by the Council of State. 

The now quashed law included provisions for essentially allowing a greater height for buildings on a smaller expanse of land. Other provisions allowed extra stories to be added to current buildings, especially apartment buildings.

The Council of State, Greece’s highest court, emphasized the such provisions should only be allowed following a documented scientific study and not through general horizontal regulations.

When the news of the pending decision broke, Environment and Energy Minister Thodoros Skylakakis  promised that a bill would immediately prepared and sent to parliament, to provide “transparency and legal security” in the building and construction sector.

According to the document of the proposed amendment posted on dikastiko.gr key points include:

  1. Suspension of New Permits: From the amendment’s enactment until the Council of State issues its decision (expected January 2025), pre-approvals and new building permits utilizing the provisions such as extra height, internal balcony exemptions, and rooftop additions are frozen. Architectural and urban planning council meetings on such cases are also suspended.
  2. Protection of Existing Permits: Permits issued before December 11, 2024, using the now forbidden provisions will remain valid until the Council of State ruling is officially published. This means construction projects that are ongoing or temporarily halted will be allowed to proceed as planned until that date.
  3. Extension Possibility: The amendment allows the Ministry of Environment and Energy to extend its application by up to one month after the Council of State decision.
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