Clarifications on the regime of the hight of properties based in Makrigianni suburb of Athens
Clarifications on the regime of the hight of properties based in Makrigianni suburb of Athens

Clarifications on the regime of the hight of properties based in Makrigianni suburb of Athens

The Ministry of Environment and Energy has issued two ministerial decisions related to the heights of buildings.
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RE+D magazine
02.02.2023

The Ministry of Environment and Energy seems ready to trigger further developments through issuance of two ministerial decisions related to the heights of buildings, taking the issue, for which there are already several decisions of the Council of Ministers, back to the courts.

The decisions attempt to clarify the regime that applies mainly to the areas for which regulatory acts have been issued that establish building conditions different from those provided by the provisions of the General Building Regulation and New Building Regulation, limiting their application only to those areas that have been issued presidentially decrees.

According to the Ministry, the Ministerial Decision strengthens the climate of legal certainty, while at the same time the framework becomes clear and the necessary directions are provided to the competent Building Services for the issuance of the building permits of their jurisdiction.

The decision refers to the whole of Greek juristicition but mainly to the Athens region and to the royal decree 30.8-9.9.1955, considering that its provisions, "had already ceased to be valid when the New Building Regulation was instituted. In particular, the provisions of b.d. of 30.8-9.9.1955 regarding the heights of the buildings, had ceased to be valid as they had already been replaced since 1973 according to the method of calculating the height of the then General Building Regulation 73, while those regarding the number of floors had already become inactive since 1985 after the establishment of the General Building Regulation 85".

The recent decision is considered by market players to "cover" the constructions that were implemented applying the provisions of the New Building Regulation mainly in the area of Makrigiannis before the issuance of the recent Special Presidential Decree that reduces the heights in the area.

It is recalled that a recent decision of the Council of Ministers gave the municipality of Athens a three-month period in order to revoke the building permit for a hotel on 5 Faliro Street, and to classify the last two floors and the roof of the hotel as arbitrary and demolishable.

The property with a total area of 2,672 sq.m. it belongs to the portfolio of the newly listed REIC Ble Kedros (Efmorphidis family interests) from which it was acquired in 2016. The Company then proceeded to issue a Building Permit based on the provisions of the New Building Regulation.