The Ministry of Environment had addressed the Independent Authority for Transparency in order to conduct a legality check on building permit No. 1134683/25-07-2024, which was issued by the Municipal Building Service (YDOM) of Milos.
The building permit, issued in July 2024, concerns the construction of a new two-story hotel unit with a total area of 2,974.32 m², including a basement and swimming pools, located in the "Kamini" area of Milos, within the broader Sarakiniko region, on a plot of approximately 19 stremmata, owned by the company Unique Developments. This property was purchased by the company approximately one year prior to the issuance of the permit.
Before the issuance of the building permit in July 2024, the company had obtained a Certificate of Building Terms from the local municipal service of Milos, following all the necessary approvals from the Architectural Council, the Forestry Directorate, and the Archaeological Service, as well as approval of the environmental study, along with the delineation of the stream.
In its report sent to the Prosecutor of the Court of Appeals of Athens and the relevant services of the Ministry of Environment, the Independent Authority for Transparency stated:
The area under examination, which is located outside the urban planning zone, is designated as a Wildlife Refuge, with no specialized regulations established by the competent ministry aimed at restricting construction activities.
On the examined plot, it is not permissible to construct a tourist facility, as it is situated on an agricultural road, which, according to the current legal framework, does not provide the eligibility for building a tourist facility.
Furthermore, according to established case law of the Council of State (CoS), specifically the CoS decision No. 176/2023 of the Plenary, the eligibility for construction of plots in areas outside the urban planning zone is directly related to securing frontage on an approved road.
The Building Service issued the Certificate of Building Terms for the issuance of the building permit, concluding that the plot could be developed without the need for frontage on an approved road, without considering the established case law of the CoS.
Due to the responsibility of the private engineer, the following steps were not taken for the issuance of the contested building permit:
Obtaining the proper approval from the Architectural Council,
Obtaining an opinion from the relevant service of the Ministry of Culture,
Confirmation of the beach boundaries before the issuance of the building permit,
Issuance of a decision to delineate the stream passing through the plot.
As a result, this building permit is legally flawed and must be revoked.
The Independent Authority calls on the Ministry of Environment and Energy to immediately take action to complete the necessary procedures regarding the establishment of rules for the protection of the Wildlife Refuge and to provide the necessary guidelines for construction outside urban areas concerning the requirement of securing frontage on an approved road.
Additionally, it calls on the Building Service to take actions for the revocation of the contested administrative acts, the Decentralized Administration of the Aegean to proceed with actions regarding the decision on beach boundaries, and the Regional Tourism Service of the Cyclades to take actions regarding the environmental licensing of the tourist facility.
