Final regulation of off-plan construction

Key points and important developments:

End of transitional arrangement – Definitive solution with Presidential Decree (PD)

• The Ministry of National Infrastructure and Transport is definitively abandoning the transitional legislative regulation for off-plan construction, after many announcements since 2023 that have not been implemented.

• A final solution is chosen through a Presidential Decree that:

• Determines the rules for roadside construction (i.e. which roads "give face" for construction).

• Incorporates road identification studies for the entire country.

• It will have approval from the Council of State (CoS), so that its constitutionality is not questioned.

Time Horizon: By mid-2026

According to the Secretary General for Spatial Planning, Efthymios Bakogiannis, by mid-2026:

• Street recognition will be complete.

• The Presidential Decree determining the buildability in areas outside the plan will have been issued.

• The building regulations will be finalized, as requested by investors and technical experts.

How we got here: The landmark decision of the Council of State in 2023

In 2023, Decision 176/2023 of the Plenary Session of the Council of State:

• Cancelled a permit in Patmos.

• It ruled that faceless buildings cannot be constructed on streets recognized by urban planning regulations.

• This decision created enormous uncertainty for thousands of properties, blocked investments, and triggered the need for legislative intervention.

Why the transitional arrangement did not proceed

Despite announcements of a temporary building permit with an environmental fee, the regulation was not submitted.

The Administrative Court of Appeal of Thessaloniki revoked a license for a tourism investment in Chalkidiki, undermining the transitional arrangement.

The decision rejected:

• Stadiums created by private initiative.

• Right of way and pre-existing plots prior to 1985 or 2003 as starting points for buildability.

New studies on route recognition

• A nationwide mapping of roads recognized for urban planning purposes is being carried out, based on:

• Aerial photographs from 1945 to 1977.

• Orthoimages of the Land Registry.

• Court rulings.

• Recording in cadastral diagrams with operation >5 years.

• Studies for the islands have been completed, and are now being commissioned for the mainland.

New Building Regulations (NOK) are coming

• Mr. Bakoyannis announced that a new NOK with 20 articles is already ready and is being promoted.

• It is intended to accompany the new institutional framework and replace the current NOK, covering also unplanned construction.

What does all this mean for owners and investors?

• Buildability on land outside the plan will no longer be based on provisional arrangements or old practices (works, unrecognized roads).

• The key will be the recognition of the road: if there is no "frontage" on a recognized road, there will be no right to build.

• The new rules will be constitutionally protected to stop license cancellations.

Conclusion

The government and the Ministry of Environment and Energy are abandoning "improvisation" with temporary arrangements and are moving towards a definitive solution through a presidential decree approved by the Council of State. This raises hopes for a stable framework, but it will take time (until 2026) and will affect thousands of owners and investors who are currently in limbo.