ARBITRARY ARRANGEMENT

Our office undertakes the regulation and settlement of arbitrary according to the new Law 4178/2013 “Dealing with the illegal building - environmental balance and other provisions”.

The new legislation is complex with many hidden points, but in several points, it favors the owners over the previous law. This fact pays special attention to the selection of an experienced and responsible office for the final processing of your case.The Greek Law N. 4178/13 which replaced the Greek Law N. 4014 / 11 legalizes or regulates any abuses that exist on your property for 30 years.

By the Greek Law N. 4178/13 any legal transaction (sale, parental grant etc) on the property onto which there are arbitrary constructions or arbitrary use changes.Therefore, the issue of an Engineer Certificate regarding the absence of arbitrariness is a necessary precondition for any transfer.

PROCEDURE OF ARBITRARY SETTLEMENT

The arbitrary settlement process is done in two phases:

PHASE A’

An appointment at the property for inspection and data collection of the property
Informing the owner of the settlement cost
Delivery of applications / solemn declarations to the owner
Issuing fee with a unique payment code to be paid by the person interested at any bank
One day after payment of the fee, the choice of payment method:
Lump sum payment with a discount of 20%
In case of affiliation during the first semester of the law into force, the fine is repaid in 102 months or 17 semesters
In case of affiliation during the second semester of the law into force, the fine is repaid in 84 months or 14 semesters
In case of affiliation during the third semester of the law into force, the fine is repaid in 60 months or 10 semesters
In any case, the minimum monthly payment is 50 euro and a minimum six-monthly installment of 300 euro.
Issue of a unique payment code of the installment payment

In case of 30% payment of the total amount of the fine in the course of a semester, a discount of 10% is provided on the total amount of the fine

PHASE B’ Dikaiologitika

WHAT IS SETTLED

What is considered an arbitrary construction and what structures are settled?

Each construction carried out:

a) without the authorization of Article 329 par. 1

b) in license exceeded

c) based on a revoked license

d) in violation of the relevant provisions

is arbitrary and subject to the relevant provisions of the arbitrary.

Excesses settled

Each building, whether it is inside or outside the urban planning zone and whether it is a block of flats, house, business space, storage space, pergola, etc., should be constructed with the appropriate planning permission and under the terms of layout and use restrictions of each region. It is also considered as arbitrary, the non-payment of the social security contributions of each construction or even if there is a license and has been exceeded this either on the surface, or in use.

The excesses settled are described below:

A) license exceeded (on volume).

(i) Places where the license has been issued or revised until the 28.7.2011 and is not registered in the greek law N. 3843 / 2010 or N. 4014/11.

(ii) Areas that have changed use in relation with the building permit.

(iii) The areas resulting from construction overruns and change of use within its outline.

Within the approved volume of the lawfully existing building and where their use is not prohibited by the urban planning laws on land use in force in the area of the property are as follows:

• semi-outdoor spaces

• mezzanines / attics

• cruise control

• underground spaces

• spaces electromechanical

• premises - halls social events

• compartmentalization

B) license exceeded (off volume).

i) Excess of building - more than the projected sq.m. of the building factor.

(ii) Excess of cover - more than the projected sq.m. of the coverage factor.

(iii) Excess of height - Building over the approved height of the building.

(iv) Exceeded flower bed limit or building line or lateral limit.

The spaces that have resulted from building overruns outside the contour (volume) of the building are:

• closed terraces / balconies

• flat roofs

• lofts with an excess of height

• expansion basement / ground floor

• addition of a floor

• external constructions (eg warehouses)

• addition of a roof

• clearing the clutter

• pools

• BBQ

• fences / pergolas

C) Without a license / license retraction

If there are license conditions, with the filing and a fee three years for issuing a building permit is given.

WHAT DOCUMENTS DO I NEED TO JOIN THE GREEK LAW N. 4178/13?

A. Information on the subject area

The following are received by the competent urban planning department, if not available, and if the construction is done with a building permit:

• Strain of Construction License

• Plot Topographic diagram

• Cover Chart

• Floor Plan

• Sections in scale 1: 100

• Photos from all sides

• Extract town plan or topographical diagram in a coordinate system of HGRS '87

Documents confirming the time of completion of the construction / installation of the use, one of the following:

• Aerial photographs, accompanied by a corresponding photo-interpretation report

• Public documents such as electricity bills, E9, lawsuits, police documents, autopsies of arbitraries, licenses of shops, hotels, industrial buildings

• Solemn declaration of the owner accompanied by an engineer technical report which supports the content of the statement

B. Documents needed:

• Owner application

• Owner’s solemn declaration (in duplicate)

• Authorization - As an owner, if you do not wish to take care of the process yourselves, you can nominate a duly accredited representative, completing the authorization, the authorization requires a certificate of authenticity of the signature (from a CSC or a PS), while for the possibility of situated outside the territory of the local consulate of Greece

• E9 (most recent)

C. Remaining documentation

• Engineer technical report (filled out by the engineer) arbitrary construction record sheet, structural vulnerability checklist, electromechanical control of properties that are not residencies.

• A fee with a unique code from the MRPEE for each individual property:

sq.m. (square meters of the area to settle) Fee in Euro

<50 square meters. 500 €

<= 100 sm (main and unique residence) 500 €

sq.m. <= 200 (main and unique residence 100) 1000 €

100 1000 2000

> 5000 10000 €

The fee is counterbalanced against the special fine provided by the law (i.e. deducted from the fine that will result). Document of engineer remuneration - which necessarily goes into the settlement file for it to be complete. This fee arises after an agreement between the customer and the engineer.

• Can I construct an arbitrary building and then settle it?

According to the current provisions, the ability to settle according with the Greek Law

N.4178 / 2013 is only for buildings of which the load bearing structure is complete and of uses installed until the 28.7.2011 and erected in excess of either the building permit or the conditions or building restrictions of property or without a building permit.

3. How many classes of arbitrary constructions and uses are there?

There are 5 categories.

Category 1: Arbitrary constructions in buildings with residential use existing prior to the 9/6/1975.

Category 2: Arbitrary structures that exist prior to the 1/1/1983.

Category 3: Minor arbitrary infringements

Category 4: Arbitrary structures or arbitrary use changes, if not violated by more than 40% of the urban coverage and building sizes and in more than 20% in urban size of height. Also, the arbitrary structures or changes of use for which the preservation process has been terminated in accordance with the provisions of the Greek Laws N. 3775/2009, 3843/2010 and 4014/2011.

Category 5: All other arbitrary constructions and use changes not falling into the above categories.