In a double suffocating cage the government aspires to “trap” owners of arbitrarys, according to ERT. Special steps will take place intensive, land-based and air-based drones in order to identify city-planning. At the same time, urban illegalities will be registered on a new digital platform, which will result from citizen complaints checks. The submission of an arbitrary complaint to the electronic system that will be made by the Technical Chamber of Greece (TEU) will be made by name and with an offence of 300 euros, in order to exclude malicious contraptions between neighbours. The ‘guarantee’ will be returned to the complainant if the information is verified by the building auditors. These are provided for in the regulations of the Multiannual Plan of the Ministry of Environment and Energy (RIS), which is expected to be put into public consultation next year. Complaints and detection An online platform will be created to identify arbitrarily using satellite images and drones. In particular, the Technical Chamber of Greece (TEU) will create an online cartographic information system for the geo-identification of arbitrary persons, in which periodic mapping and tracing of any new building outside the project will be carried out as well as a Single Electronic Complaint System, which will be interconnected with other electronic services such as the e-licensing system. The complaint platform, one month after the new arrangements have been passed, will begin its trial operation for a two-month period and a month later will begin its normal operation. Complaints will be submitted electronically by the interested party, his proxy lawyer or authorised engineer using a relevant standard complaint form containing the complainant’s information (name, identity number, VAT, address of residence, etc.), information on the spatial location of the property and its owner (if he knows them) and data supporting the reliability of the alleged arbitrariness. For the submission of the complaint, a fee of EUR 300 will be paid in favour of the ‘Green Fund’ unless the complainant is a State body. The revenue will be allocated to the payment of compensation and the costs of the building auditors carrying out the checks. The parabola will be returned in the event of even partial gratification of the complaint. If the complaint is rejected, filed, or the person concerned has resigned from the complaint, the irregularity shall be forfeited in favour of the Green Fund. A competent agency for the assessment (based on the size of arbitrariness, risk, etc.) and the management of complaints will be the Directorate for Implementation of Design and Control of Structured Environment of RIS. In any case, all control and sanction powers for arbitrary construction with the new regulations are passed by the city structures to the ‘Rambos’ of the Ministry of Environment and Energy, i.e. the Directorate-General of the College of Inspectors and Auditors. These will set up the specific control and autopsy steps, consisting of at least two persons, while controls can also be carried out by private auditors to build the special register held in RIS. Possibility of appeal Against the autopsy report, the person concerned will be able to appeal to the Central Council for Urban Affairs and Arguments within 10 days of the walling of the autopsy report on the property. An appeal will not be given if during the audit it is found that construction works are carried out (in self-defence) and there is no valid sign of the project, if they are arbitrary in forests, in public estates, in the agialos, in the beach zone, in an A’ area of archaeological site, in a historical place, a traditional settlement etc. The application should be accompanied by proof of payment in favour of the Green Fund: EUR 200 for surface violations of up to 30 sq.m., EUR 500 for surface infringements of up to 80 sq.m. and EUR 1,000 for surface violations of more than 80 sq.m.; The decision on the appeal will be delivered within a month of its submission. The parabola shall be returned to the applicant if the appeal is accepted. If the application is rejected or the deadline for its exercise is exceeded, the autopsy report shall become final. The final autopsy report shall take the place of an infringement finding, on the basis of which arbitrary buildings or structures become directly demolishable and impose sanctions. Demolition and sanctions The owner of an arbitrary from the moment the autopsy takes place will have a 10-day margin to prove the legality of the construction. Otherwise the Ministry of Infrastructure will have to demolish it in a month. However, it will be possible to appeal against the demolition protocol to the Court of Appeal, which should examine the case and adopt a decision within two and a half months. In addition to the demolition, fines for erection and non-premature demolition will also be imposed, criminal sanctions, suspension of the authorisation to operate economic activity and termination of rheumatisation. In the event of voluntary demolition 50% of the building fine will be deleted and criminal prosecution will cease. Should the owner demolish the impertinent structures after the deadline, the erectile fines will be reduced depending on when the demolition takes place. The reduction of fines will not apply in cases of impervious to forests, forested and forested areas, to the Aegean, the beach, etc., to protected Natura areas and in cases of work carried out in private. If the owner legitimises arbitrary structures, a fine of 50% of the building fine, as well as a fine of non-compliance with the demolition obligation, will be imposed from the discovery of the arbitrariness until the date of issue of the building permit. Buildings with a building permit operate industrial and craft uses and have been exceeded by up to two metres, a fine of 30% of the fine for erection and non-compliance with the demolition obligation will be imposed. If the demolition process is undertaken by the Greek State and the contractors are found to refuse to carry out demolition contracts, the Secretary of the Decentralised Administration may, by decision, impose a fine of EUR 6,000 to EUR 10,000, depending on the burden of the infringement, on the basis of which the demolition is imposed. The proposed arrangements provide that all new unlicensed unspoiled structures built after 1 January 2024 will be demolished in absolute priority. Destruction protocols issued by the entry into force of the promoted arrangements shall be executed on the basis of the time series of the installation of arbitrariness, up to 31-12-2024. Squeaky fines Construction fines will be calculated on the basis of the value of the arbitrari on the environmental charge rate. The value of the arbitrariness will be calculated as the product of its surface, multiplied by the zone price of the property area while the environmental burden factor will be set at 1.2 for serious arbitrariness (within Natura, forests, streams, holy etc.) and in 1 for the remaining cases of arbitrariness. The minimum height of the building fine starts from 250 to 1,500 euros as appropriate. From the walling of the autopsy report to the demolition or legalization of the impertinent, if provided, may be imposed for each year of non-recovery of arbitrariness, a fine of non-precautionary demolition, equal to 50% of the erectile fine. The erectile fines will be paid in 30 equal monthly instalments and non-premature demolition fines in 12 monthly instalments. If the fine due is paid in full within the first month of the receipt of the fine to the competent financial service, a 30% discount will be granted. The fines imposed will be attributed 75% to the “Green Fund” for actions to control and suppress arbitrary construction, as well as an environmental balance and 25% to the Ministry of Infrastructure and Transport to carry out demolition. Criminal sanctions Owners, builders, installers of arbitrary construction or use changes and contractors will be punished with a sentence of at least two years and a penalty of EUR 12,600 to EUR 54,000. The same penalty will be imposed on engineers who have prepared the studies or have the supervision of the project. If this is an arbitrary space used for carrying out an economic activity, temporary removal of the authorisation or authorisation of operation will be required and the space and equipment will be sealed. At the same time as the penalties, a termination of rhe power supply may be imposed at the request of the Directorate-General for Inspections and Auditors to the HEDNO.
Coming e – Platform for civil law complaints
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