The “Nikolaos Tagaras” Code: a comprehensive reform of spatial and urban planning law

The new Code comprises 477 articles spanning approximately 740 pages and represents one of the most significant legislative codification efforts in the fields of spatial planning and urban development undertaken in Greece in recent decades.

The primary objective of the legislation is to consolidate, organize, and harmonize the body of existing legislation falling within the competence of the Ministry of Environment and Energy. The Code does not incorporate provisions originating from other ministries, such as the Ministry of Development or the Ministry of Tourism. By bringing together a fragmented legal framework into a single legislative instrument, the Code seeks to reduce regulatory complexity, facilitate the work of public authorities, engineers, investors, and citizens, and enhance legal certainty.

The first part of the Code addresses spatial planning. It establishes the fundamental concepts and structure of the spatial planning system and defines the instruments of national, regional, and sectoral spatial planning. Particular emphasis is placed on the National Spatial Strategy, the Special and Regional Spatial Frameworks, and Areas of Special Spatial Interventions. A notable innovation is the incorporation of maritime spatial planning, which regulates the organization and management of activities within marine areas through mechanisms for cooperation, consultation, and data exchange at both national and European levels.

In the field of urban planning, the Code systematizes first- and second-level planning instruments, including Local Urban Plans, Special Urban Plans, Detailed Implementation Plans, and Organized Development Areas for Productive Activities. It also regulates specialized urban development mechanisms, such as Active Urban Development Zones and Urban Land Readjustment Zones, which facilitate the coordinated development and restructuring of areas through cooperation between public and private stakeholders.

The Code further contains extensive provisions governing specific urban development cases. These include settlements established before 1983, second-home development areas, controlled development zones, environmental upgrading areas, private urban development schemes, and housing cooperatives. Particular attention is given to the revitalization of abandoned, small, and declining settlements through targeted incentives and sustainable development initiatives aimed at strengthening regional cohesion and addressing demographic decline.

The second part of the Code focuses on urban regeneration and urban planning mechanisms. It establishes procedures for the redevelopment of degraded areas, the restructuring of problematic urban zones, and the implementation of integrated urban interventions. In addition, it introduces planning tools such as pre-emption rights, the Digital Land Bank, and transferable development rights, all intended to promote a more equitable distribution of planning burdens and the more efficient use of urban land.

A particularly important section concerns the implementation of urban plans. The legislation sets out procedures relating to land and monetary contributions, implementation acts, land readjustment and plot consolidation, as well as expropriations required for the creation of public and community facilities. It also regulates the lifting and re-imposition of expropriations, with the objective of accelerating the implementation of approved urban plans.

A substantial portion of the Code is dedicated to building regulations and land-use controls. It incorporates the core provisions of the Building Regulation Code, including rules governing plot eligibility and buildability, floor area ratios and site coverage coefficients, building heights, and requirements relating to energy efficiency, accessibility, and the protection of architectural heritage. The Code further establishes land-use categories, building conditions applicable to settlements lacking approved urban plans, regulations governing development outside approved planning areas, Residential Control Zones, and special provisions for coastal areas.

As part of the broader digital transformation of public administration, the Code consolidates the principal provisions governing building permits and electronic administrative procedures. It regulates the issuance of building permits, approvals for small-scale construction works, electronic submission procedures, and the operation of the Electronic Building Identity system. This system enables the continuous monitoring of the legal and planning status of each property, thereby enhancing transparency and transaction security.

One of the most extensive chapters of the Code concerns the regulation of unauthorized construction. Existing provisions governing the regularization of unauthorized structures, categories of planning violations, administrative penalties, and legalization procedures are codified into a single framework. At the same time, a stricter enforcement regime is introduced through the use of satellite imagery, unmanned aerial vehicles (drones), electronic reporting mechanisms, and digital monitoring systems for the detection of unauthorized development. The legislation also provides for enhanced sanctions, expedited demolition procedures, and strengthened enforcement mechanisms.

The Code further contains specific provisions concerning dangerous structures, urban policy, and national strategies for urban resilience, housing stock management, walkability, and accessibility. These provisions reflect the increasing integration of urban planning with contemporary challenges such as climate change adaptation, sustainable mobility, and social inclusion.

Finally, the legislation establishes the framework governing the composition and operation of collective bodies responsible for spatial and urban planning, architectural councils, accessibility committees, and committees overseeing unauthorized construction. It also creates a register of certified evaluators of spatial planning studies and an electronic registry of spatial plans, thereby strengthening oversight, transparency, and administrative efficiency throughout the planning process.