The decision clarifies that any kind of decrees such as acts, which establish special regulations (preserved buildings, monuments, special buildings) which are defined as having effect over the provisions of the NOK, are those whose provisions, at the time of its enactment, were in strength.
In particular, the provisions of the royal decree of 1955 that concerned specific areas of the center of Athens (Syntagma square, commercial triangle, Acropolis area, etc.) are still in force, except for those for which special protection decrees were subsequently issued that replaced earlier regulations.
As stated in the decision:
"a) The decrees of any kind in case 1 of par. 5b of article 1 of Law 4067/2012 (NOK) which are defined as being exempt from and superseding its provisions, are those whose provisions, at the time of the enactment of the NOK, were in force, as from the systematic interpretation and from the wording and the purpose of the provision in question it does not appear that it aimed at the "revival" of repealed, expressly or implicitly, provisions of urban planning decrees.
b) The provisions of b.d. of 30.8-9.9.1955 regarding the heights were valid until the establishment of the provisions on calculating the height of GOK/73, when they were repealed, and regarding the number of floors they were valid until the enactment of GOK/85, when they became inactive after the institutionalization of the ideal solid and the calculation of its height in relation to the applicable numerical building factor, and therefore, on the date of publication of the NOK, the provisions in question had already ceased to be valid. With regard to the provisions of article 2 of the aforementioned decree, as specific and localized in nature for the protection of landmarks of Athens, they are still valid, except for those that referred to areas which were later included in special protection decrees, with the result that replaced by the newer settings".
