Important Council of State Decision 1104/2026 regarding Lost Files at Urban Planning Departments

The new Council of State (CoS) Decision 1104/2026 puts an end to the administrative chaos surrounding lost building permits, establishing strict obligations for Building Services (YDOM) and protecting property owners and engineers.

Key points of the decision:

• End to "informal" reconstruction: Locating certain plans or a simple internal memo is insufficient. The issuance of two official administrative acts by the Urban Planning Department (YDOM) is required: one to formally acknowledge the loss and another to finalize the reconstruction.

• Responsibility lies with the Administration: The Urban Planning Department is obliged to conduct an internal investigation itself (within a 30-day deadline) and cannot shift the entire burden of the search onto the citizen.

• The permit remains valid: The loss of the physical file does not invalidate the building permit, nor does it automatically render subsequent administrative acts void. However, an official declaratory act is necessary to establish a lawful administrative basis.

Impact on the real estate market: The decision is critical for procedures such as the compilation of the Electronic Building Identity (EBI), property transfers, the regularization of unauthorized structures, and the issuance of new permits. At the same time, it aligns with Article 339 of the new Spatial Planning & Urban Development Code ("Nikolaos Tagaras," Law 5306/2026), which defines the technical means and plans required for full or partial reconstruction. Tip for Owners & Engineers: In the event of a lost file, submit a written request for the official reconstruction procedure to be followed and for the final declaratory act to be formally communicated to you.