April 28, 2024 5 min read
Bill submitted to Parliament for new categories of building permits

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Τρεις νέες κατηγορίες οικοδομικών αδειών, για τυπικές κατασκευές, για μεγάλα κτίρια άνω των 3000 τετραγωνικών μέτρων και η άδεια για μικρής κλίμακας εργασίας προϋπολογισμού έως 25.000 ευρώ προβλέπει στις διατάξεις του το νομοσχέδιο of Ministry of Environment and Energy «Έλεγχος και προστασία του δομημένου περιβάλλοντος», tabled on 20 September 2017 for a vote in parliament. At the same time, there are 10 works for which a building permit is required, 37 works for which approval of small-scale works is required and 19 works for which the issuance of a building permit or approval of small-scale works is not required.

In detail, the following are listed:

A. 19 works without Building Permit or Approval of Small Scale Works

According to the new bill (Article 3) "Control and protection of the built environment" no building permit or approval of small-scale works is required for the following works, without prejudice to the special provisions concerning the area or the building in the following cases:

1) Interior painting work, minor repairs of doors and windows or individual repairs for use and hygiene purposes.

2) Minor internal repairs or alterations that do not alter the load-bearing structure of the building, as well as constructions required for the movement or any form of service of disabled or obstructed persons. Not including the construction of an elevator of para. 2 of Article 27 of the Law. 4067/2012.

3) Exterior painting or replacement of railings or repair of coatings or repair of facades without the use of scaffolding.

4) Maintenance, repair, adaptation or partial replacement of installations and pipelines of buildings.

5) Replacement of internal or external frames and glazing in the same opening.

6) Maintenance and repair of roofs or roofs without the use of scaffolding.

7) Small soil configurations up to plus/minus 0.80 m. from natural soil.

8) Installation of air conditioners and wall-mounted gas boilers for heating and hot water production in existing buildings, in accordance with para. 10 of Article 16 of the Law. 4067/2012, installation of an array of wall-mounted gas boilers for heating or hot water production in ground-floor outdoor areas of residences, installation of natural gas supply, regulation and measurement systems, such as regulators, meters and drains, installation of High Efficiency Cogeneration of Heat and Power (CHP) systems, above-ground distribution stations or natural gas metering and regulation, in accordance with article 17 of Law 4067/2012.

9) Installation of solar water heaters, in accordance with paragraphs 2b and 2c of Article 19 of the Law. 4067/2012,

10) Works for the installation of passive solar systems or the replacement of external frames or the installation or replacement of chimneys on the exterior facades of existing buildings, without the use of scaffolding, within the framework of the program "EXIKONOMISI KATIKON", as well as work on the installation of passive solar systems or the replacement of external frames or the installation or replacement of chimneys on the exterior facades of existing buildings without the use of scaffolding.

11) Installation or installation of equipment in buildings, such as wardrobes and flower pots, change, installation or removal of partitioning elements of balconies, as well as installation of a small area of permanent decorative and utilitarian elements, such as statues, fountains, shrines, benches and tables, or makeshift animal shelters of up to three (3) sq.m.

12) Construction of fireplaces, ovens and fireplaces with their chimneys in uncovered areas of land or land, provided that there is a building with residential use, as well as in a building that has a building permit or exists legally, provided that the load-bearing elements of the building with residential use are not affected.

13) Construction of a pergola with or without temporary shades of up to fifty (50) sq.m., in uncovered areas, courtyards and ground floor terraces, provided that it is not prohibited by special provisions in force in the area.

14) Constructions, such as stairs, ramps, buttresses and benches in uncovered areas of plots and fields.

15) Installation of temporary shades, blinds, screens and awnings.

16) Floor laying of uncovered space, provided that it does not exceed 1/3 of the uncovered space.

17) Landscaping up to 0.80 m. from the natural soil for the purpose of improving its natural relief, using natural unrelated materials, such as soil and masonry without mortar, without altering its general natural geomorphology, the natural slope of rainwater runoff and the starting points for measuring altitudes,

18) Constructions within a plot-field for the creation of entrance areas to the plots and stadiums, up to two and a half (2.50) m high, up to two and a half (2.50) m deep, up to one (1.00) m. wide,

19) Constructions for the installation of electricity meters at the boundaries of the land plots or within their uncovered areas, in accordance with the applicable specifications.

In the relevant regulation, it is noted that by decision of the Minister of Environment and Energy, works for which the issuance of a permit or the approval of small-scale building works are not required may be supplemented or modified.

B. Νομοσχέδιο 37 εργασιών για τις οποίες απαιτείται έγκριση εργασιών δόμησης μικρής κλίμακας

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1) Test sections of the ground and excavation following a document from the archaeological service. Approval is not required when the test areas of the territory are carried out by the competent Services of the Ministry of Culture and Sports.

2) Installation of prefabricated houses, where special programs provide for the coverage of housing needs of disadvantaged and special groups of the population or are imposed by reasons of force majeure, such as earthquakes, fires, floods, landslides or are provided for self-housing of repatriated persons.

3) Pumping installations and buildings with the absolutely necessary dimensions for their housing, in accordance with article 3 of the 24-5-1985 p.d., provided that they have the required approval of the competent Directorate of Agriculture, unless the construction of columns is required.

4) Water drilling on privately owned plots within a plan or within a settlement or on land outside the plan, after approval by the relevant municipality of the area and the competent Directorate of the region.

5) Installation of temporary constructions of para. 74 of Article 2 of the Law. 4067/2012, accompanied by a certificate of static proficiency.

6) The construction of an elevator according to para. 2 of Article 27 of the Law. Regulation (EC) No 4067/2012, which is required for the movement of disabled or obstructed persons in existing buildings or in buildings equipped with a lift with internal dimensions of a car outside the specifications of ELOT EN 81-70 or in buildings where the elevator stops must be extended in order to serve disabled or obstructed persons.

7) Felling of trees within approved street plans or in ZOE, as well as in settlements pre-existing under law 17-7-1923 (A' 223) and settlements demarcated by the 24-5-1985 p.d. Especially for the felling of trees in a common area of a city or settlement, Approval of Small-Scale Works is granted upon request of the competent service of the relevant municipality and a relevant decision of the competent body of the municipality, subject to the provisions of forest legislation.

8) Underground stations for the distribution or measurement and regulation of natural gas.

9) Installation of scaffolding. In this case, it is required to submit a plan and file of safety and health of the project with the appointment of the responsible coordinator in accordance with the provisions of presidential decree 305/1996 (A' 305) and a declaration of assumption of responsibility by an engineer for the supervision of the project,

10) Installation of construction sites.

11) Excavation of cable routing channels within the fields or plots of service stations for the installation of input-output systems.

12) Exterior painting work or replacement of railings or repair of coatings or repair of facades using scaffolding.

13) Veneer cladding and replacement of curtain walls using scaffolding.

14) Construction of a pergola of more than fifty (50) square meters in uncovered areas, pre-gardens, ground floor terraces. In rooftops, outdoor areas and open
balconies require the approval of small-scale building works regardless of surface.

15) Installation of an uncovered water tank or swimming pool, with a maximum area of fifty (50) sq.m., served by external compact engine room systems, provided that their installation does not require a reinforced concrete wall, that the height of the structures at no point exceeds one (1,00) meter from the final ground level, no excavations or embankments of the natural soil greater than one and a half (1,50) meters are required for their installation and the planting of the obligatory uncovered space is carried out as provided for by the applicable provisions.

16) Ventilation ducts and other installations and structures referred to in paras. 2b, 2d, 2f and 3 of Article 19 of the Law. 4067/2012.

17) Internal arrangements, provided that the elements of the load-bearing structure of the building are not affected.

18) Construction of planted roofs and planted surfaces.

19) Installation of external thermal insulation or passive solar systems on the exterior facades,

20) Maintenance and repair of roofs using scaffolding.

21) Simple walling of masonry up to a height of one (1.00) meter or fencing made of light land material in off-plan areas and in settlements that lack a city plan. For stadiums where the operation of detention centers for irregular migrants is foreseen, the approval of works is not required, even if the fencing is done using any material and senaz.

22) Fencing with makeshift construction, such as barbed wire, on plots not laid out in in-plan areas.

23) Construction of a single stone warehouse per cultivated farm, according to para. 4 of article 6 of the 24-5-1985 p.d., with an area of up to fifteen (15) square meters and a total height with the roof up to three (3.00) meters, provided that reinforced concrete is not used on its roof and is constructed independently of any existing main building, after approval by the competent Directorate of Agriculture, subject to the provisions set out in the above provision of 24-5-1985 p.d.

24) Construction of hobs and ovens with their chimneys, for the service of professional use, with the submission of a technical report by a competent engineer that its load-bearing elements are not affected.

25) Construction of fireplaces with their chimneys in independent properties with residential use, if a technical report of an engineer substantiates that the static adequacy of the load-bearing structure of the building is not affected.

26) Reconstruction of the roof, with the submission of a declaration of static adequacy of a competent engineer.

27) Functional consolidation of spaces according to para. 5 of article 23 of law 4067/2012.

28) Addition of an area of up to five (5) sq.m., exclusively for reasons of hygiene and use, in buildings pre-existing on 31-1-1983, in stationary settlements and in settlements before 1923 and less than two thousand (2,000) inhabitants, without requiring elements of building legality.

29) Works for the installation of external thermal insulation or thermal insulation of roofs in the framework of the program "EXIKONOMISI KATIKON ".

30) Installation of an autonomous heating system.

31) Canopies and appendages of paras. 72 and 79 of Article 2 of the Law. 4067/2012.

32) Interventions on the facades of buildings for the modification or opening of new openings, provided that the load-bearing structure is not affected and the interventions do not conflict with more specific provisions.

33) Construction, establishment and operation of temporary reception and temporary accommodation facilities in the first reception centres or units of asylum services, in accordance with Article 16 of the Law 4375/2016 (Α΄51).

34) Construction of underground cemetery facilities, such as a crucible, submersible bins and a water tank, with a maximum area of twenty-five (25.00) sq.m. and a depth of up to four (4.00) m., served by external compact engine room systems, if required, and provided that the height of the structures at no point exceeds one (1.00) meter from the final ground level. For installation, a declaration by a competent engineer who assumes responsibility for the static and electromechanical safety of the structure and installations is required.

It is noted that by decision of the Minister of Environment and Energy, the works for which the issuance of a small-scale building works act is required may be supplemented or modified.

Also, approval for the execution of works is required for the following works, after submission of a technical report and a declaration by a competent engineer that undertakes the supervision, in accordance with the conditions set by the competent Building Service:

35) Demolition of structures or buildings, classified as dangerously dilapidated, in accordance with the provisions for dangerous buildings.

36) Application of safety measures, determined by the competent Building Authority, to a building or structures that have been classified as dangerous.

37) Demolition or restoration of structures that have been definitively declared arbitrary or have been subject to Article 106 hereof or para. 1a of Article 23 of the Law. Regulation (EC) No 4178/2013, as in force.

Approval of small-scale works is also required for the execution of works, if this is provided for in more specific provisions, as well as for the legalization of any work that requires the issuance of a relevant administrative act.

C. 10 projects with mandatory issuance of a permit by YDOM

A building permit, according to the draft law of the Ministry of Environment and Energy, is required for the execution of any building work, which does not fall under the small-scale building works and concerns in particular:

1) Construction, addition and repair of buildings.

2) Demolition of structures except in the cases of para. 3.

3) Excavations or embankments greater than plus/minus 0.80 meters, as well as coatings. landscaping of plots and land for the purpose of building.

4) Construction of swimming pool.

5) Change of use, if there is a change to the worse, in the elements of the coverage diagram or in the design loads of the structural design or change of mechanical installations in terms of their passages from other floors or common areas.

6) Construction of retaining walls, as well as walls and fences that are not covered by the approval of small-scale building works.

7) Construction of underground tanks.

8) Installation of underground, prefabricated liquid and gaseous fuel tanks at gas stations.

9) Works of para. 2, with a budget of more than twenty-five thousand (25,000.00) euros.

10) Legalization of any work performed for which the issuance of a building permit is required.

Το Νομοσχέδιο για τις νέες κατηγορίες οικοδομικών αδειών

A new procedure for issuing building permits provides for the draft law "Control and protection of the built environment" of the Ministry of Environment and Energy.

For buildings, in areas that have been cadastrally registered, the building permit will be issued automatically with the submission of the necessary studies and supporting documents.

Specifically, three types of permits are provided for: the building permit of a typical building, the approval of small-scale building works with a budget of up to 25,000 euros and the pre-approval of a building permit (mandatory for buildings over 3,000 sq.m. and in cases where the building permit is issued by another body, e.g. church building).

The way the building permit is issued is different depending on the area, location, size and environmental footprint of the building. The following three categories are foreseen (new categories of building permits):

Category 1
• Residential building of more than 2,000 sq.m., special building (e.g. school) within a plan of more than 1,000 sq.m.
• Residential building in an off-plan area that has not been cadastrally registered or in a land that is not even as a rule.
• Addition of more than 50%.
• Constructions on listed buildings or monuments.
• Constructions in contact with streams, seashore line.

The permit is issued within one month after an inspection by the building service.

Category 2
• Construction of a building within a settlement before 1922, legalization of buildings or structures, works on plots where an autopsy is provided by the town planning. The permit is issued by the town planning authority in two months.

Category 3
• Residential buildings up to 2,000 sq. m. and special uses up to 1,000 sq. m.
• Residence in an off-plan cadastral area.
• Addition to legal residency 0cos 50%.
• Construction of swimming pool, change of layout.

Permits are issued automatically after the electronic submission of the file with the required supporting documents and studies.

As regards the period of validity, the pre-approval is valid for one year for buildings up to 5,000 square meters and two years for larger ones. The building permit is valid for 4 years, except for buildings over 5,000 sq. m. which is valid for 6 years. Permits for demolition, excavation, felling of trees are valid for one year. Arbitrary legalization licenses have no time limit. Checks are mandatory for each project carried out with a building permit and carried out by private building inspectors. They are divided into three types: initial (after the completion of the foundation reinforcement and the basement), intermediate (after completion of the load-bearing structure) and final (after the completion of the building). One inspection (final) is carried out on repair work or addition, two checks (initial and final) on new buildings and additions up to 2,000 sq. m. and three checks on large buildings.

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