Off-Plan Building (4 Acres): The Market is on the "Barriers" — Immediate Transitional Regulation Requested

An unprecedented deadlock in areas outside the urban plan has been caused by the strict case law of the Council of State (CoS). The result? A blanket  “freeze” on the issuance of building permits even for plots larger than 4 stremmata, putting real estate transactions and investment plans across the country on hold.

To address the problem, a parliamentary question was submitted to the Hellenic Parliament to the Ministry of Environment and Energy (MoEE) by Manos Konsolas, Member of Parliament for the Dodecanese. The request is clear: Immediate enactment of a transitional regulation that will give the market some breathing room until the new Local Urban Planning Schemes are finalized.

What Are the Challenges in Issuing Building Permits?

The main sticking point centers on the legal status of roads. Based on recent decisions by the Council of State, it is not enough for a road to simply exist in reality (physically) — it must also have an official administrative act recognizing its public nature.

This creates a huge paradox:

• Roads that have been outside the law for decades: Roads that were built by municipalities decades ago and serve entire areas are now considered “non-existent” in terms of urban planning.

• The State’s Contradiction:  The government itself, which for years routinely issued building permits and collected transfer taxes and ENFIA property taxes on these specific properties, now refuses to allow construction!

The result is the rapid devaluation of private property and the loss of significant public revenue.

The Proposed Transitional Solution: The 4 Criteria

Since the final ratification of the road network through the Local Urban Plans will take a considerable amount of time, an interim, objective regulation. is proposed

For a road to be considered accessible and a site to be considered suitable for construction, it is recommended that at least one (or a combination) of the following criteria be met:

1. 🔗 Connection to the road network: The road must be directly connected to a recognized municipal road network.

2. 💡 Public Utility Infrastructure: Electricity, water, and telecommunications networks must already be in place.

3. 🚜 Public Works: Road construction projects (e.g., asphalt paving) must have been carried out in this area by the local government.

4. 📜 Historical Context: Proven existence of the street prior to July 27, 1977.

What Does This Mean for Property Owners, Engineers, and Investors?

• Today: There is complete uncertainty. Sales have come to a standstill, investors are pulling out, and engineers are unable to guarantee that a property is suitable for construction.

• Under the Regulation: A clear frameworkis established. Engineers will be able to safely verify the suitability of building lots, permitting processes will resume, and investments will be protected from subsequent legal challenges.

Therefore

The real estate market is sending out a warning signal. Without a temporary legislative solution, off-plan construction remains a “time bomb,” trapping thousands of property owners.

💡 Do you own a property that’s not zoned for development, or are you planning to buy one?

Our team closely monitors urban planning developments. Contact us for reliable information and a technical inspection of your property before taking any business steps!