On Friday 3-11-2017, the Law on the Protection of Human Rights and Fundamental Freedoms was published in the Official Gazette. 4495/2017 on the control and protection of the built environment. It defines new categories of issuing permits and new procedures for monitoring their implementation.

Purpose of this, is to define a new framework of rules concerning construction with a holistic view, which on the one hand prioritizes the care, prevention and protection of the environment and on the other hand aims to address the causes that have contributed to the anarchic and arbitrary built environment in our country, creating the conditions and mechanisms of supervision and control, for the rational and effective management of the development of the site in terms of sustainability.

The new Law 4495/2017 (Government Gazette 167A) regulates the following issues:

• Procedure for Issuing and Checking Building Permits - Categories of Permits
• Electronic Building Identity
• Control of Spatial Planning Implementation, Public Spaces and Environmental Balance
• Measures to prevent arbitrary construction
• Mechanisms against arbitrary construction
• Dealing with arbitrary incidents that have occurred after 28/07/2011
• Dealing with arbitrary incidents that have taken place before 28/07/2011
• Special Cases of Arbitrary Cases that have occurred before 28/07/2011
• Other Provisions of the Ministry of Environment and Energy

In the articles of S. 4495/2017 "Control and protection of the built environment and other provisions" There are 10 categories of works for which a building permit is required, 34 works for which approval of small-scale works is required, 3 works for which approval is required to carry out works and 19 works for which the issuance of a building permit or approval of small-scale works is not required.

At the same time it is defined in Law 4495/2017 new procedure for dealing with arbitrary constructions.

In detail, the categories of work are listed:

Α. 10 works with mandatory issuance of a permit by YDOM in Law 4495/2017

A building permit, according to the new Law 4495/2017 "Control and protection of the built environment and other provisions" is required for the execution of any building work, which does not fall under 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 plots for building purposes

4) Swimming pool construction

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 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 service 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

B. 34 works for which approval of small-scale building works is required in Law 4495/2017

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According to the new Law 4495/2017, approval of small-scale building works for interested owners and engineers by the Building Services, is required for the following works:

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

2) Installation of prefabricated dwellings, where special programs provide for the coverage of housing needs of disadvantaged and special population groups or are imposed by reasons of force majeure, such as earthquakes, fires, floods, landslides or is 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) 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) m. from the final ground level. The installation requires a declaration by a competent engineer who assumes responsibility for the static and electromechanical safety of the structure and
of the facilities

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, required for the movement of disabled or obstructed persons in existing buildings or in buildings equipped with an elevator 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, without prejudice 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 a safety and health file 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) Facade 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, the approval of small-scale building works is required, regardless of surface area

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 obligatorily uncovered area provided for by the current provisions is carried out

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 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 senage

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 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 by an engineer proves that the static adequacy of the load-bearing structure of the building is not affected

26) Roof reconstruction, with 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 hygiene and use purposes, 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 evidence of legality of a building

29) Installation works of external thermal insulation or thermal insulation of roofs in the framework of the program "Saving at Home"

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. The installation requires a declaration by a competent engineer who assumes responsibility for the static and electromechanical safety of the structure and installations

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.

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. 3 works for which approval is required for the execution of works in Law 4495/2017

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.

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

2) Application of safety measures, determined by the competent Building Authority, to a building or structures that have been declared dangerous

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

D. 19 works without Building Permit or Approval of Small Scale Works in Law 4495/2017

According to the new Law 4495/2017 does not require a building permit or approval of small-scale works for the following works, without prejudice to the specific 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 the 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 Combined Heat and Power (HCHP) 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, in the framework of the "Saving at Home" program, as well as 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

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, iconostasis, benches and tables, or makeshift animal shelters of up to three (3) sq.m. in uncovered areas of plots and fields

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, appendages 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.

19) Constructions for the installation of electricity meters at the boundaries of the plots of land or within their uncovered spaces, 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.

The new categories of building permits defined by N. 4495/2017

A new procedure for issuing building permits provides for in N. 4495/2017 "Control and protection of the built environment and other provisions" of the Ministry of Environment and Energy.

The process of submitting, checking and issuing the acts of execution of building works, as well as the notification of the execution of additional works is carried out exclusively electronically.

Specifically, 8 types of licenses are provided for:

1. Building Permit

The way of issuing the building permit defined in N. 4495/2017 is different depending on the area, location, size and environmental footprint of the building. The following three categories are provided for:

Category 1
• Construction of a special building in an area within the plan, with an area of more than one thousand (1,000) sq.m. of construction and construction of a building with a predominant residential use of more than two thousand (2,000) sq.m.

• Construction of a special building, in an area outside the plan or within a demarcated, according to the Presidential Decree of 24.4.1985 (D ́ 181), a settlement or within a settlement pre-existing in the year 1923, with approved, according to the Presidential Decree of 2.3.1981 (D ́ 138) boundaries

•Construction of a building using a residence in an off-plan area in which there is no cadastral registration or in a land that is not even as a rule

•Addition of building to a legally existing building with the use of a special building, if it exceeds fifty percent (50%) of the existing building

• Constructions and works on monuments designated by the Ministry of Culture and Sports

• Constructions and works in listed buildings designated by the Ministries of Environment and Energy and Culture and Sports

•Construction or addition to plots or land within protected areas and protection zones, such as archaeological sites, historical sites, traditional settlements, national parks and environmentally sensitive areas

•Erection or addition or constructions and works on plots or land, in contact with demarcated streams

•Erection or addition to plots or land and constructions and works on plots or land in contact with a defined seashore boundary line

• Fencing of front-facing stadiums on an international, national or provincial road or on street plots

• Installation of underground, liquid and gaseous fuel tanks at gas stations

The Category 1 building permit is issued within one month from the electronic submission of the application, after checking by the Building Service.

Category 2

• Construction of a building on a plot of land within a pre-existing settlement of the year 1923, without approved boundaries

•Legalization of buildings and structures, if an autopsy is required, before the issuance of the permit by the competent planning authority

•Construction or addition or constructions and works on plots or land, where general or special provisions provide for an autopsy by the competent IOM.

The Category 2 building permit is issued within two months from the electronic submission of the application, after an inspection by the Building Service.

Category 3

• Construction of a building in an area within an approved plan, with an area of up to one thousand (1,000) sq. m. of buildable area for special buildings and up to two thousand (2,000) sq. m. of buildable area for buildings with predominant residential use

• Construction of a building with the use of a residence in an off-plan area, in which there is a cadastral survey and an approved GSP or SCHOAP at par as a rule

• Construction of a building on a plot within a demarcated settlement with the Presidential Decree of 24.4.1985 (D ́ 181) for a building with a predominant residential use

•Addition of building to a legally existing building, using a residence

•Addition of building to a legally existing building, with the use of a special building, provided that the addition does not exceed fifty percent (50%) of the existing building and in an in-plan building

•Changes in the use of buildings or stand-alone horizontal or vertical properties located in in-plan areas

• Construction of a swimming pool, if it is not covered by the cases of approval of small-scale building works

•Retaining walls, walls and fences that do not fall into the category of small-scale building works and without prejudice to category 1 cases

• Installation work of underground and prefabricated water tanks, as well as sewage tanks

•Repair and layout change works of legally existing buildings that do not fall into the category of small-scale building works

Category 3 building permits are issued automatically after the electronic submission of the application file with the required supporting documents and studies.

The building permit valid for four (4) years from its granting. Exceptionally, permits for the construction of a building or buildings with a total area of more than five thousand (5,000) square meters are valid for six (6) years, while permits for demolition, excavation, embankment, landscaping and tree felling are valid for one (1) year from their administration.

Permits for the legalization of arbitrary constructions, in which it is not provided for the execution of their building works, are valid without a time limit.

2. Approval of Small Scale Building Works for the above mentioned works with a project budget of up to twenty-five thousand (25.000,00) euros.

Approvals for small-scale building works are valid for one (1) year from their issuance, with the possibility of revising their validity period by one (1) year.

3. Pre-approval of a building permit

The pre-approval procedure for the issuance of a building permit is optional and concerns each category of issuing a permit.

Exceptionally, the pre-approval of a building permit is mandatory in the following cases:
a) in newly constructed buildings with an area that counts towards the building surface of more than three thousand (3,000) sq.m. and additions to existing buildings with a total resulting area counted in the building surface of more than three thousand (3,000) sq.m.,
b) where the issuance of a building permit by services other than YDOM is provided for, the pre-approval of building is mandatory and is granted by the relevant IOM,
c) for the construction of permanent building installations, projects of particular environmental and residential importance or projects related to special control in terms of building conditions, as well as in the case of buildings of more than three thousand (3,000) sq.m.

The pre-approval of the building permit is granted within fifteen (15) days from the submission of the required studies and supporting documents.

The pre-approval of a building permit is valid for one (1) year for buildings with a total area of up to five thousand (5,000) sq.m. and for two (2) years for buildings with a total area of more than five thousand (5,000) sq.m.

4. Notification of execution of additional work

It is a declaration of the developer, accompanied by a technical report of the authorized supervising engineer, informing the relevant IOM. that it intends to carry out additional works, permitted by the town planning regulations but carried out on its own responsibility in excess of the building permit. For these additional works, the owner undertakes on his own responsibility the obligation to apply for a review permit, within two (2) months.

5. Approval of the execution of works

6. Approval of works for the completion of arbitrary construction

7. Permission to Review

The building permit is revised, after its expiration, for the extension of its validity, following an application by the beneficiary and an autopsy by the competent IOM:

a) for four (4) years from the date of its expiration and in accordance with the provisions in force at the time of the issuance of the revision act, if by the expiration of the validity of the permit the bearing structure of the building has not been completed,

b) for four (4) years from the date of its expiration and in accordance with the provisions in force at the time of its issuance, if by the expiration of the validity of the permit the bearing structure of the building has been completed,

(c) for an indefinite period and in accordance with the provisions in force at the time of its adoption; if by the expiry of the validity of the permit or the act of its revision, the bearing structure, the facades of the building and the roof of the building have been completed, where this is mandatory and provided that the owner and the supervising engineer of the project submit a signed progress schedule of the implementation of the project to the competent IOM.

8. Update of the building permit file

Updating of the building permit file, regardless of the period of validity of the building permit, is carried out in the following cases:

•change of owner

• modifications of the studies, which do not change the building diagram and provided that approvals from other bodies or collective bodies are not necessary

•changes in the dimensions of the building or plot, provided that these deviations do not violate common areas. These deviations may not be greater than two percent (2%), with a maximum of ten (10) centimeters for the building, or greater than two percent (2%), with a maximum of twenty (20) centimeters in terms of the lengths of the sides of the plot

Checks L. 4495/2017

The control of the correct application of building permits is mandatory for any project carried out with a building permit or building permit, with works starting after 1.3.2012.

The inspections are carried out by different Building Inspectors each time with an autopsy and control of the implementation of the studies, according to which the building permit or the building permit was issued. They are divided into three types:

• initial (immediately after the completion of formwork, foundation reinforcement and basement walls, if any)

• intermediate (immediately after completion of the load-bearing structure and external masonry) and

• final (after the completion of the building)

Number of audits per category and type of project defined in N. 4495/2017

Category A:

One (1) audit (final) carried out by a building inspector from the register of building inspectors of Category I and Class II of article 156 of the law. 4389/2016, in:

• Repair work on existing buildings, regardless of their surface and use

• Building works required in case of change of use of a building, regardless of its surface and use

• Height additions to existing buildings, regardless of their surface and use

• Demolition works, regardless of the type and category of the project

• Walling works, regardless of their type and size

• Works for the construction of retaining works, landscaping, as well as the construction of swimming pools and water surfaces regardless of their type and size

• Construction of water storage tanks, as well as liquid and gaseous fuels, regardless of their type and size

• Construction works of canopies, regardless of their type and size

Category B:

Two (2) audits, one initial carried out by an auditor and one final one carried out by an auditor from the register of building inspectors, either of Category III or of Category III of article 156 of the law. 4389/2016, in:

• New buildings, with a total area of up to two thousand (2,000) sq.m., regardless of their use

• Extensions to existing buildings, when the total area of the addition is up to two thousand (2,000) sq.m., regardless of their use

• Prefabricated buildings, regardless of their use and surface area

Category C:

Three (3) audits, one initial carried out by one auditor, one intermediary carried out by one auditor and one final one carried out by two auditors from the register of Auditors of Category III, article 156 of the Law. 4389/2016, in:

• New buildings, with a total area of more than two thousand (2,000) sq.m., regardless of their use

• Extensions to existing buildings, when the total area of the addition is more than two thousand (2,000) sq.m., regardless of their use