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Θανάσης Κουκάκης

Off-plan building with two categories

There are expected to be two categories for building in off-plan areas: one for the islands and the other for mainland Greece.


The government is trying to solve a difficult problem: what to do about off-plan land and building in areas that have not yet developed an urban plan. The Ministry of Environment and Energy (MPEN), in cooperation with Maximou Mansion, is working feverishly to find the right balance. On the one hand, they want to satisfy property owners and developers, and on the other hand, they have to respect the decisions of the Council of State (CoE), which in recent years has cancelled many building permits for off-plan plots, creating intense uncertainty.


The government's new plan, expected to be implemented by 2026, will try to resolve the situation with a transitional arrangement. In particular, there are expected to be two categories for building in off-plan areas: one for the islands and the other for mainland Greece.


For example, in areas such as islands, where the natural environment is particularly sensitive, there will be stricter rules. Building will be allowed on off-plan plots only if they meet very specific criteria, to avoid arbitrary building that could destroy the natural beauty of these areas. As Prime Minister Kyriakos Mitsotakis said, the restrictions are necessary as there are many islands that have not yet been "built" and need protection. Instead of building on isolated plots of land, the creation of organised receptor sites or the expansion of existing settlements is being considered.


On the other hand, in mainland Greece the rules for building will be a little more flexible, but will always depend on the presence of a road and the connection of the plot to it. According to the case law of the CoE, for a plot of land to be "even" and for building to be allowed, it must face a public or urban road of at least 25 metres in length. This is one of the main criteria that determine whether something is allowed to be built on off-plan areas.


For example, if someone has a 5-acre plot of land in an area that has no urban plan and is not in contact with a public road, they will not be able to use it for building. But if that plot is close to a road, he may be allowed to build, as long as he meets the other requirements.


It is also envisaged that 'blind' plots, i.e. plots that do not face a road and are trying to obtain a building right through a land grant for common use, will lose this right. The government believes that it should focus on areas that already have some organised character and avoid diffuse building in the countryside.


For example, if someone has a plot of land that is "blind", i.e. has no contact with a road, they will have to give up part of their land to obtain this right. This way will be abolished under the new regulations. Instead, it will encourage the concentration of building in areas that already have some infrastructure, so that buildings are not "scattered" across the countryside, which could create urban problems and damage the environment.


Meanwhile, those who have already obtained pre-approval or planning permission before the new regulations will not face a problem. As assured by the relevant ministers, permits issued to date will be valid as normal.


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