In greater detail, the Fifth Chamber of the Council of State (presided over by Christos Ntouhanis, with reporting judge Dimitris Pyrgakis) ruled that:
“The Presidential Decree of 28 September 1987 (Official Gazette D΄ 1035) concerning the designation of part of the Municipality of Kifissia as a traditional settlement, the revision of building terms and restrictions, and the determination of special land uses within that area (as subsequently amended), in view of the content of the special studies and reports preceding its issuance and in the absence of specific provisions to the contrary, does not prohibit, among other things:
The exclusion from the floor area ratio (FAR) calculation—pursuant to the general provisions of the New Building Code (NOK)—of stairwells, thermal insulation walls, and stairwell superstructures, as such structures do not constitute habitable spaces; and
The construction, above the maximum permitted height for the area (pursuant to the general provisions of the NOK), of a roof with an attic, a stairwell or elevator superstructure, and an uncovered swimming pool, provided that these structures form an aesthetically unified whole, are of small scale, are situated on a part of the roof set significantly back from the façade—so that they do not resemble an additional floor—and have been approved by the Architectural Council.”
Furthermore, the Council of State dismissed the applicants’ arguments, ruling that:
“The concept of the average floor area ratio is by no means identical to the maximum ratio and, consequently, it is lawful, in principle, for the urban planning unit of Kefalari in question to be divided into sub-areas with a coefficient sometimes higher and sometimes lower than the average—coefficients, moreover, established prior to the introduction of the average ratio. The application of the specific ratios of each sub-area, rather than a single uniform ratio across the entire urban unit, ensures the preservation of the individual characteristics of each area and protects bona fide private parties who built in accordance with the (lawfully established, as noted above) floor area ratio applicable to their specific zone.”
In addition, the Council of State held that:
“For the protection of the tall vegetation, the natural environment, and the character of the area, the above Presidential Decree—interpreted in light of its special provisions—prohibits the extension of basements beyond the footprint of the superstructure (i.e., beyond the perimeter of the above-ground building) within the traditional part of Kifissia, not only for use as a garage but for any purpose whatsoever.”
Accordingly, it annulled, in part, a building permit that had authorized the construction of basement extensions beyond the ground-floor coverage outline.
It is recalled that the building permit—issued in 2023 and revised in early 2025—had been challenged before the Council of State by the Kifissia Protection Association, the Hellenic Society for the Environment and Cultural Heritage, and the Kefalari Cultural and Improvement Association. The permit concerned the construction of a three-storey building (ground floor and two upper floors) on Pentelis Street, within the area designated by Presidential Decrees of 1982 and 1987 as the “traditional district” of Kifissia.
