Off-Plan Building: What is the current situation, the hostage situation of the owners

Over the past three years, thousands of landowners in Greece have been facing an unprecedented situation reminiscent of “Russian roulette.” The question that engineers, notaries, and lawyers hear every day has now become a classic:

"So, can I build on my lot or not?"

What's so absurd about this situation? The answer depends on your property's ZIP code.

Double Standards Throughout Greece

Following the recent landmark decisions by the Council of State (CoS), there is utter chaos at the local urban planning offices (YDOM):

• Some agencies continue to issue building permits as usual.

• Others are seeking additional opinions and bureaucratic clarifications.

• Many put the brakes on any process if the property does not front on an officially recognized public road.

The result? Two citizens with nearly identical plots of land are treated completely differently, depending on the area in which they are located, since there is no uniform practice across the country.

❓ Can I build on my plot of land today?

The short answer is: It depends on many more factors than in the past.

Forget the days when 4 stremmata (or the well-known exceptions) were enough. Following the “wave” of Council of State rulings (culminating in the landmark decision 176/2023), there is only one key to buildability: Access to a legally recognized public road.

❓ How did we end up feeling this insecure?

This is where the great paradox lies. For decades, the government itself:

• He considered these plots of land suitable for development and issued permits.

• It allowed for legal transfers and sales.

• It collected (and continues to collect) taxes as usual.

Today, the Council of State ruled that the mere, actual existence of a street is not sufficient; that street must also have institutional/urban planning recognition. Tightening the criteria is legitimate, but the absence of a clear transitional law has created enormous legal uncertainty.

❓ What did the transitional solution that was "put on hold" entail?

The Ministry of the Environment (YPEN) had drafted a bill to give property owners some breathing room until the master plan was finalized. In order to build on a lot larger than 4,000 square meters, strict requirementshad to be met:

• Historical Context: It must be proven that the road existed prior to July 27, 1977.

• Width: Minimum road width: 3.50 meters.

• Road network: Direct connection to the provincial or municipal road network.

• Infrastructure: Existence of public utility networks or road construction projects by the municipality or region.

• Land Registry: Registration with a special “EK” designation in the KAEK.

Why didn't it move forward?  The government determined that a temporary solution should not be provided, but rather that the issue should be resolved definitively through Local Urban Planning Schemes (LUPS) and the designation of public roads. This is a logical choice, but one that requires at least three years and leaves the country in a prolonged transitional phase.

🔍 What's Changing Tomorrow: TPS, Settlements, and Roads

1. Local Urban Planning Plans (LUPP)

They will definitively establish land uses, development zones, and building regulations. However, the process (environmental approvals, the Council of State, presidential decrees) is extremely complex, and their full implementation will take time.

2. The new boundaries of the settlements

Please note: Many properties that until now were considered to be “within a settlement” may, under the new boundaries, find themselves outside.

• If they remain on the property: They retain their building rights.

• If they are found outside: They will face much stricter criteria (integrity, person on the street). For many small lots, this means in practice, the loss of the ability to be built on.

3. Mapping the Roads

The road survey reports have been submitted, but this does not mean automatic recognition. The Ministry of Environment and Energy must issue a Presidential Decree establishing uniform criteria (aerial photographs, historical data).

⚠️ If the street is not recognized:  The property loses its legal “status” and, consequently, its buildability, even if that road has been serving homes and businesses for decades!

4. What about toll booths (especially on the islands)?

Right-of-way easements guarantee your right to access your property, but they are no longer sufficient to allow you to build. If the old path, cobblestone road, or private access is not recognized under urban planning regulations, the plot remains “invisible” to urban planning authorities.

💡 Conclusion: The Need for an “Institutional Bridge”

The crucial question is not whether the system of off-plan construction should be changed—that goes without saying and is necessary. The question is whether the government can leave citizens in a state of absolute uncertainty and financial limbo for another three or more years.

The need for a transitional legislative provision is now urgent. Not to circumvent the case law of the Council of State, but to ensure uniform rules until the planning process is completed.

Such a regulation constitutes the institutional bridge that will allow the country to transition safely from the old to the new urban planning regime, while simultaneously protecting the environment, property, and citizens’ trust in the rule of law.

Are you having problems with an unplanned property? What has been your experience with the local urban planning department? Let us know in the comments!