New rules proposed for the recognition of municipal and community roads

The amendment concerns the procedure for the recognition of municipal and community roads, one of the key issues affecting the ability to obtain building permits for plots of land located outside approved town plans.

Article 79 amends the Nikolaos Tagaras Code of Spatial Planning and Urban Development, specifically the provision governing the procedure for recognising the main or sole municipal and community roads connecting settlements.

Under the revised wording, the recognition of these roads will be effected by Presidential Decree, following a proposal by the Minister of Environment and Energy and an opinion from the Council for Urban Planning Matters and Disputes (SY.PO.TH.A.).

The issue of road frontage on a public road

The recognition of roads is a critical issue for construction outside approved town plans, as having frontage on a legally existing public road is directly linked to the ability to develop a plot of land.

Article 251 of the Code, as reproduced in the bill, retains the general requirements of a minimum plot area of 4,000 sq. m. and a minimum frontage of 25 metres onto a public road, unless more specific provisions apply.

For plots fronting onto international, national, provincial, municipal or community roads, as well as other categories of roads specified in the relevant provision, special requirements apply, namely a minimum frontage of 45 metres, a minimum depth of 50 metres and a minimum plot area of 4,000 sq. m.

Provisions pending ratification of the road network

The bill retains the procedure for recording the existing road network within each municipal district, to be carried out either by the relevant municipality under the supervision of the Ministry of Environment and Energy or directly by the Ministry itself.

This recording process precedes the designation, ratification and incorporation of the public municipal road network into the overall planning framework.

Upon completion of the recording process, the road network is to be ratified by a decision of the Secretary of the relevant Decentralised Administration. Aerial photographs dating from before 27 July 1977 will also be taken into consideration as part of the procedure.

Until the entire road network has been ratified, the bill also provides for the possibility of exceptionally recognising a municipal or public road, subject to the preparation of a specific technical study.

The more detailed requirements, criteria and competent authorities governing the procedures in question will be determined by Presidential Decree.