Illegal constructions: a new chance to save your property - 10 frequently asked questions - ot.gr

The Ministry of Environment and Energy plans to give a second chance to owners of illegal constructions in forests. According to Forestry Secretary General Stasis Stathopoulos in an interview with the NEA newspaper, it is planned to reopen the Cadastre's electronic platform by the end of the year, so that interested parties can apply for, among other things, temporary exemption from demolition. Throughout this period, cooperation on this matter is being pursued with the Ministry of Digital Governance.

It is noted that as of March 31, 2023, the Cadastre platform is closed. The applications filed are around 3,000. The estimate, however, is that the problem of illegal constructions in forests affects 1 million owners, and therefore''The Ministry of Environment and Energy is resuming work on a new draft law to give the owners of these illegal structures a 30-year clean up.

Illegal constructions: bulldozers have started demolition.

The NEA newspaper and urban topographer Grammatius Baklatzis present questions and answers to all the necessary information that owners of illegal buildings in forests should familiarize themselves with in order to know what to do once the Cadastre digital platform reopens and how the environment will change in the future.

10 questions - answers

1. Why should someone report an illegal building in a forest?

After filing an application and paying a bond fee of 250''Euro owner will first of all be able to temporarily exempt his illegal building from demolition, avoid paying fines already imposed, and avoid paying new fines.

2. What happens after the application is filed?

After the data from the applications is collected, a Presidential Decree will be issued that will determine the conditions for the preservation or demolition of the declared structures. All buildings that are not in the nature of dwellings, built after July 28, 2011, and located in areas where special protective measures are in effect are excluded.

3. What is envisaged by the plan?

The estimate is that the problem of illegal constructions in forests affects 1 million owners. The plan envisages their regularization for 30 years. However, it should be clear here that''The new regulation does not apply to individual illegal buildings, but to clusters of illegal buildings that constitute an "actual" functional unit in forests and forest areas.

4. Who has the right to apply?

The right to file an application to the platform is available to all interested parties who have filed an application to amend an obvious forest map error, an objection, an application to cancel, or some other administrative or judicial means by which they dispute the fact that their property is forested.

5. What does "red lines" mean?

There are two main criteria that must be met to be able to regularize illegal constructions in forests: the buildings must not be isolated, they must''be in residential communities and not be built after July 2011.

Buildings in forests must comply with the conditions established by Law 4685/2020 (which has been recognized as lawful by the Council of State) and include: the use of the building as a dwelling for permanent or temporary residence, the construction of the building before July 27, 2011, no building in areas with nature or landscape protection measures such as Natura 2000, water protection areas of the Ramsar agreement - unless the buildings were built before the designation of these areas, no building in an archaeological zone of the zoological zone of the Ramsar agreement, no building in an archaeological zone of the Ramsar agreement, no building in an archaeological zone of the Ramsar agreement. '

They should contact an engineer to check the approved forest map and property information (location, age, creek proximity, etc.) to see if they meet the requirements and if the building can be regularized. If these requirements are met, an application must be submitted with the payment of a security deposit and the property is automatically placed into special protection until it is reviewed by the appropriate authorities and confirmed to be in compliance, and thus the owner is relieved of the stress of fines and demolition.

Declaration,'''In addition to recording personal data and confirming legitimate interest, must contain at least the following information:
♦ Identification and limitation of the perimeter of the building within the area (plot) of interest. Also a description of the building covered by the application and any accompanying structures with respect to type, coverage area, structure and use.
♦ Required documents, including a statement from the applicant as to the truth of the information provided, proof of payment of the electronic deposit, and documents supporting the legitimate interest. A statement from the engineer confirming the description of the building and accompanying structures, if any, and pertinent information such as area of coverage, structures described and their''height, as well as proof of no exemption conditions, and a copy of passport/ID card.
♦ Additional documents Proof of filing a statement of manifest error, an objection, an application for rescission, or any other administrative or judicial remedy with which the applicant disputes the fact that his property is forested or grazed, if any.

You can apply as normal and then, after inspection and regularization, the fines paid will be added together with the special fine issued.

The term 'residential settlements' is used because the new regulation does not deal with individual illegal constructions, but with clusters of buildings. The estimate is that residential points cover 300,000 hectares across Greece.

- Premium version of the NEA newspaper