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  • Writer's pictureΠαναγιώτης Γαλάνης

Car parking spaces:

Urban planning and legal issues

Each new building must have a space covering the number of parking spaces (necessary number) in proportion to its use and size, i.e. to serve its own needs. The necessary number is determined for the wider area of ​​Athens based on the correspondence of one parking space per specific surface area or specific number of beds, in the case of hospitals, hotels and other tourist facilities or spectator seats, in the case of sports facilities, this area and the number of beds and spectator seats is determined directly by the provisions of PD 111/2004. For the other cities or regions of the country, the above data (surface area, number of beds and spectator seats) to which each parking space corresponds are not determined directly by legislation, but by decisions of the General Secretary of the Region, issued for each specific city ​​or part of it and vary between limits (lower and upper), defined numerically by PD 350/1996.

The space available to cover the number of seats is not counted in the building factor to the extent that it only covers the necessary number of seats, not only when it is located on an underground floor, but also in an above-ground covered area. According to the provision of art. 7 par. 1B para. b and h GOK/1985, as it was in force at the time of the issuance of the contested permit, only one underground floor used as a parking space is not included in the rate from the underground spaces, in contrast to the later, but not applicable in this case provision of article 9 par. 4 of Law 3843/2010, by which it was defined that covered open parking spaces on the ground floor or pilotis as well as closed spaces on underground floors are counted in the building factor. If, therefore, this one underground floor contains a space covering a greater number of spaces than necessary, this additional space intended for car parking and not for auxiliary uses, is counted in the building factor, just as the additional underground parking floors are also counted by a larger factor, if the necessary number of places of the building is covered in one underground floor as well as the other covered spaces intended for car parking. The underground floor used for car parking, in order not to be counted in the building factor as underground, must be entirely underground.

The space that covers the number of parking spaces is not counted in the building factor, provided that it corresponds to the necessary space defined for private parking spaces, because this excess has the effect of negating the use of the building, in which the parking spaces are created and above all, if it is a building that also includes residences, the operation of these private parking spaces has the consequences of the operation of a public station, without the private spaces being subject to the restrictions that apply to public stations (protection of apartment buildings and public utility buildings as well as for the avoiding traffic congestion). A second basement that serves residences with ancillary uses, including storage, may only be built below the basement floor for the storage of stores.


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