Specifically, the Council of State (CoS) (Decision No. 1728/2025) annulled a decision of the Municipal Council of Athens, by which officials of the Urban Planning Service (ΥΔΟΜ) were instructed not to issue building permits for heights exceeding those provided for by the Royal Decree of 30.8/9.9.1955 or the applicable special urban planning decrees.
The Court ruled that the Municipality's decision constituted a regulatory act issued without the constitutionally required authorization. It emphasized that Local Government Authorities (LGAs) do not have the competence to determine or interpret binding building regulations, nor may they intervene in the building permit issuance process beyond what is provided by law. The Urban Planning Service is obligated to issue permits when the legal requirements are met and may not suspend or reject them based on internal directives of the Municipality.
This ruling responded to measures adopted by the Municipality of Athens in May 2024. According to the Municipal Council’s decision at that time, until a new Local Urban Plan (LUP) was approved, only the height restrictions set forth in the 1955 Royal Decree would apply. Property owners were also urged not to request permits based on the provisions of the New Building Code (NBC), even if they had obtained relevant confirmation documents from the Urban Planning Service, in order to avoid creating irreversible situations.
Although the decision was based on opinions from distinguished legal experts and prior case law, the Council of State deemed it an overreach of authority, underscoring the importance of institutional hierarchy and the role of state bodies in urban planning policy.
The ruling exacerbates the uncertainty already prevailing in the construction sector, with immediate effects on investment activity and strategic planning of new developments. Until the new Local and Special Urban Plans are approved—establishing uniform and clear regulations—the current framework will continue to be a field of legal disputes and varying interpretations.
