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Acceleration in the issuance of building permits, simplification of land uses, reduction of anarchy outside the construction plan, but also regulations due to arbitrariness, includes, among others, the draft law of the Ministry of Environment and Energy for the modernization of the urban planning and land use legislation. Tuesday in Parliament.
According to RIS, this bill, which is expected to begin discussion in Parliament’s competent committee on Friday and be presented to the Plenary at the end of next week, aims to:
1. Spatial planning is accelerating throughout the country. The time for the development of urban studies is limited to 2.5 years and the largest urban studies program ever carried out in the country begins immediately: 500 Local Planning Budgets of 200 million euros. The Local Urban Plans will start as a priority from the island country (Crete, Cyclades, Dodecanese, North Aegean, Ionian) and the tourist areas as a whole. It is expected that by 2023 they will have been approved in 350 administrative units, that is, in 32% of the country, while by 2028 the entire country will be covered with Local Urban Plans. The financing of the project is secured and will come from 80% (160 million euros) from the Recovery Fund and 20% (40 million euros) from the European Investment Bank. A special coordinator is appointed for a faster and more efficient implementation of the program.
2. Anarchic construction on plan is limited. Rates for off-plan construction are reduced by 10%. The state of perfection deviations is changing (outside the plot plan of 750 square meters, 1200 square meters, 2 acres), but with a sufficient transition period for those who want to issue a building permit. In the 2 years that those who want to have a construction permit have the opportunity to issue, the time required for permits from the forestry office or the archaeological service is not taken into account. In addition, the building license is valid for another 4 years (with the possibility of revision). That is, a total of at least 6 years. In addition, the owners who do not proceed with the issuance of the building license reserve the right to build based on what will be defined in the local and special urban plans that will be prepared very quickly, as mentioned above. Nothing changes for off-plan construction on 4 acres or more, until the adoption of local urban plans. The current legislation is still in force here because the State, as demonstrated in the consultation, has created the belief in the owners since 2003 that they can build under certain conditions and now cannot proceed with the actions required for the roads, without the mediation of a period of time.
3. Land uses are simplified. General uses are limited so the system is more flexible and facilitates mixed uses as is the case throughout Europe. The National Land Use Nomenclature is established and will be applied to all land use plans in a uniform manner. Land uses are combined with KADs (activity code numbers) to reduce red tape and facilitate investment.
4. Construction factor transfer is activated. In this way, we solidly solve a problem that has been “dragging on” since 1978, taking into account the relevant jurisprudence of the CS. The conditions for the location of the rate reception areas (ZYS) are determined. The Digital Earth Bank is created, which is a key tool for the implementation of this forecast. It is the institution that facilitates, among others, the owners of listed properties.
5. The issuance of construction permits is accelerated and the electronic issuance process is strengthened. Now all building permits are issued automatically after electronic filing of the file with the required supporting documents and necessary approvals. A light procedure of mandatory prior approval is established for building permits of categories 1 and 2. An important additional element of the reform of construction procedures is the activation, from the beginning of 2021, of the Electronic Identity of Buildings / Properties .
6. A large number of deficiencies or ambiguities of the New Construction Regulation are addressed. This strengthens and accelerates legal construction activity and provides flexibility in architectural design.
7. The “retirement” of buildings and the expropriation of floors are introduced, innovative urban planning tools within the framework of the New Building Regulations. Relevant incentives are introduced for the “retirement” of buildings, which will be done at the initiative of the owners. For expropriation it is defined that there is reasonable compensation from the owners and it will be done in exceptional cases (for example, a recent case of a hotel on the Acropolis).
8. The system of road expropriations is being rationalized, with the aim of protecting citizens who today continue to be hostages of the bureaucracy. Automatic withdrawal of road expropriations is foreseen if a long time has elapsed since their presentation. It is also stipulated that a road expropriation can only be re-imposed once. This frees homeowners who are trapped in a never-ending process of reimposing road expropriations of their property.
9. A higher construction factor is given to green energy buildings. It is a measure that is part of the policy of the Ministry of Energy Saving.
10. Incentives are provided to improve the accessibility of buildings for our peers with disabilities. Possibility of installing constructions, such as special ramps, off the road. Adding elevators to buildings where there was no provision in the original building permit. Buildings serving people with special needs (wide stairs, elevators) are not counted in the construction factor.
11. The fine for late declaration in the Property Registry is activated, which now depends not only on the value of the property but also on the delay time. The corresponding ministerial decision will be issued within 6 months after the publication of the law to give the owners enough time for compliance.
12. Individual arbitrary issues arising in the liquidation process are regulated. Category 4 includes some minor offenses that were included in Category 5.
The sanctions for arbitrary constructions and changes of use of Category 5 for properties located in areas that were declared within 2020 in a state of emergency are also suspended. For properties acquired through compulsory auction. For properties acquired by inheritance. For properties leased under a lease and returned to the use of its owner or usufructuary. For properties that are transferred to ETAD SA in accordance with paragraph 4 of article 196 of Law 4389/2016.
For his part, the Deputy Minister of Environment and Energy, Dimitris Oikonomou made the following statement: “The urban planning of our country is delayed for decades. Modern challenges, however, do not allow for any more time to be wasted. Climate change and the need to protect the environment and landscape, in combination with the country’s development needs, after the ten-year crisis and the consequences of the pandemic, require immediate action. The bill for the modernization of urban and spatial planning legislation is the decisive step in this direction. It restricts construction to areas without any design, while providing strong incentives for the various forms of planned construction. It therefore applies the principle that environmental protection and development, when the framework is right, are mutually reinforcing objectives.
A key tool in this direction is the largest land management and land use planning program ever implemented in the country, the path of which is paved by the bill. Through the program for the preparation of Local Urban Plans, until the first quarter of 2023 a total of about 500 studies will have been assigned through tenders that will cover the use of the land of all municipal units, so that by 2028 the territorial planning of the country will be completed . . Urban planning as a key development tool generates conditions of legal security for citizens and local communities, highlighting the comparative advantages of the country, giving priority to the protection of the natural environment. At the same time, it is a critical parameter for the improvement of the investment climate in which the Greek government is strategically aiming. “
According to the Minister of Environment and Energy, Kostis Hatzidakis, this bill is “a great reform for the environment, for property, for development.” As the minister underlined, “We are trying to deal with the misfortunes of many years as much as possible. We are simplifying the land use regime to make it more investment-friendly. We encourage organized business activity to protect Greek nature. of the uncontrolled location of commercial activities “. Furthermore, according to Mr. Hatzidakis, “we are activating the transfer of the constructive factor, but laying a solid foundation, as we rely on the jurisprudence of the Council of State and thus respond to a chronic request, especially from the owners of protected areas.” We are modernizing the new building regulations and speeding up the issuance of building permits, making the relevant procedures more friendly for engineers and citizens. “He went on to say:” We are freeing many homeowners across Greece from the hostages of street expropriations. ” eternal “. We give a higher construction rate to environmentally friendly buildings, but at the same time we modernize all provisions for accessibility for people with disabilities because we want to follow modern European trends. At the same time, taking into account the results of the consultation, we are faced with the great problem of out-of-plan construction, which is a Greek originality ”.
As RIS pointed out, “we are proceeding with measure, without surprising the owners, but also decisively, since Greece must also become Europe on this issue. Our main tool is the development of Local Urban Plans for which a special coordinator. ”” Today, Greece is covered by Local Urban Plans only in 20% of its territory. With our ambitious plan, which is part of the Recovery Fund, all of Greece will have Local Urban Plans until 2028 and yet by 2023 all tourist areas in Greece will have Local Urban Plans. With the regulations of this bill, the owners will be able to use their property, but with rules that protect the environment. And protecting the environment ultimately increases the value of the property, ”concluded Mr. Hatzidakis.
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