Constructing buildings off plan, alternatively termed construction outside designated areas, has garnered substantial attention and sparked debate in recent times. This procedure entails erecting structures on land not delineated in approved urban plans or zoning regulations. While off plan building might offer benefits, it poses challenges and legal ramifications that warrant thorough examination. Mrs Valia Bouki (Attorney At Law) on January 7, 2024 published article on LinkedIn with a title “Οff plan building in Greece. Recent Developments” (link). The article explains the key aspects of the legal framework for house building. Mrs Valia Bouki also explains the latest developments and decisions that have affected the building landscape. Below is a brief summary of her comprehensive guide.
Understanding the Legal Framework
- The legal framework surrounding off plan building has evolved over time.
- Various regulations and decisions shape the requirements and conditions for construction.
- It’s essential to understand the historical context and evolution of these regulations.
Early Regulations: The Origins of Off Plan Building
- Off plan building regulations trace back to the early 20th century.
- The Presidential Decree (P.D.) of October 23, 1928, established key regulations.
The 1978 Presidential Decree
- Introduced further refinement of conditions and limitations.
- Construction outside urban plans required a minimum plot size of 4,000 square meters.
Amendments in 1985
- Presidential Decrees in 1985 continued to regulate off plan building.
- Introduced additional conditions for off plan building plots.
The Impact of N.3212/2003
- Law N.3212/2003 introduced significant changes in 2003.
- Established new requirements, including a minimum frontage on a recognized public road.
Recent Developments and Court Decisions
- Recent decisions have influenced off plan building regulations.
- Decision 176/2023 annulled a building permit due to non-compliance.
- Decision 992/2023 clarified the interpretation of the law.
The Need for a New Regulation
- Recent court decisions highlight the need for a new regulation.
- The Ministry of Environment and Energy is working on a transitional regulation.
- The proposed regulation focuses on recognition of existing roads, authority maintenance, and environmental equivalents.
Off plan building presents both opportunities and challenges. Understanding the legal framework, historical regulations, and recent court decisions is crucial for property owners, developers, and policymakers. As the Ministry of Environment and Energy prepares to introduce a transitional regulation, it is essential to stay informed about the evolving landscape of off plan building. By adhering to the regulations and seeking legal guidance, property owners can navigate the complexities and ensure compliance with the requirements for off plan construction.
