GREECE Law and Practice Contributed by: Nikolaos Koulocheris, Ioannis Charalampopoulos, Rozita Karasso and Dimitra Kotsovelou, Machas & Partners
Additional regulatory controls include the Energy Performance of Buildings Law (Law 4122/2013, as in force), which sets energy efficiency requirements for new and refurbished buildings, as well as various Presidential Decrees that define specific land uses and impose health and safety standards for con - struction activities. Furthermore, stricter rules apply to developments located near archaeological sites or within protected environmental zones, such as Natura 2000 areas, in order to safeguard cultural heritage and ecological resources. Seismic and fire safety regula - tions also play a critical role in ensuring the structural integrity and safety of buildings. Planning is implemented through several types of instruments, including General Urban Plans prepared by municipalities to guide development within cities, Special Zoning Plans that regulate specific areas such as tourism or industrial zones, and Regional Spatial Plans that coordinate land use and infrastructure across broader regions. The responsibility for administering and enforcing these controls is shared among several authorities. The Ministry of Environment and Energy oversees national spatial planning policy, environmental pro - tection, and regulatory compliance. The Ministry of the Interior supervises local government functions and urban planning frameworks. Local municipalities are responsible for implementing zoning regulations, issuing building permits, and ensuring compliance at the local level, while the Ministry of Culture regulates development in proximity to archaeological sites and cultural heritage areas 4.2 Development Process, Challenges and Enforcement In Greece, development rights are obtained through an administrative process that requires compliance with zoning regulations and the acquisition of the nec - essary permits and approvals. Any new development or major refurbishment project requires a building per - mit, which is issued by the competent local munici - pality. Applicants must demonstrate that their pro - ject complies with applicable land use designations, urban planning regulations, and technical standards. For large-scale or environmentally sensitive projects, an Environmental Impact Assessment is necessary
to evaluate potential effects on the environment and ensure compliance with environmental legislation. In certain cases, particularly for projects deemed to have strategic importance for the national economy, a special framework under Law 4864/2021, as in force, allows investors to seek approval through a tailored process. If the project is considered to serve the pub - lic interest and contribute significantly to economic development, the state may adopt specific legislative measures to facilitate its implementation, including adjustments to land use, building rights, and environ - mental conditions. The development process also allows for third-party participation. Neighbours, local stakeholders, and environmental organisations may take part in public consultations and raise objections during the approval procedure. These objections can influence the deci - sion-making process or lead to further review by the authorities. Decisions issued by administrative authorities, such as the granting of a building permit, may be chal - lenged through legal remedies. The primary mecha - nism is an annulment application before the compe - tent Administrative Court of Appeal. Such applications must generally be filed within 60 days from the date on which the interested party becomes fully aware of the contested decision. Where the law requires the prior submission of an administrative appeal, failure to follow this step renders any subsequent judicial challenge inadmissible. With regard to the legal inter - est of third parties in challenging administrative acts related either to building permits or to environmental disputes in general, the case law of the Council of State accepts, in environmental disputes, a broader concept of legal interest, which is based both on the nature of the legal interest being protected and on the revised constitutional provision of Article 24 (1) (a), under which environmental protection is recog - nised as a right of every individual. The enforcement of planning and zoning regulations is carried out by local municipalities, regional authorities, and the Min - istry of Environment and Energy. These bodies are empowered to conduct inspections, impose fines, and take corrective measures in cases of non-compliance. Unauthorised developments may be suspended or
282 CHAMBERS.COM
Powered by FlippingBook