NEW PAYMENT FOR UNDERSTANDINGS: UP TO 60% REDUCTION OF FINE
Fine payment in 80 monthly installments – Stream construction is allowed.
There is no end to legalizing arbitrariness. The Ministry of the Environment and Energy today extended the eighth extension of the deadlines for subjecting the current Law 4178/13, while submitting to Parliament a new law on the legalization of arbitrators, which was put to consultation a year ago.
Read the bill here
Under the heading “Control and protection of the built environment” includes arrangements covering a wide range of topics, from the cancellation of transfers, leases and concessions to arbitration and building identity to stream construction and legalization of arbitrary buildings. The general philosophy is to reduce penalties and fines for arbitrary, conditional and incremental doses.
In particular, the single specific fine shall be reduced:
(a) by 20% if arbitrary construction or use is subject to the new regulations by 08/12/2017.
(b) by 10%, provided that it is subject from 09/12/2017 to 08/06/2018.
(c) 10% in cases where a static competence study is submitted concurrently with the declaration of affiliation
In contrast, the single special fine is increased:
(a) by 10% if arbitrary construction or use is subject to the new provisions from 09/06/2018 to 08/12/2018.
b) by 20%, provided that legalization takes place after 09/12/2018.
(c) 10% if it is located in protected areas for which building conditions have been issued and applicable.
If the static reinforcement work (based on a static engineer study) is completed for the purpose of arbitrary constructions and uses, the single specific fine shall be reduced by:
(a) 60% in seismic hazard areas
(b) 50% in seismic hazard areas
(c) 30% in seismic hazard areas 1.
If energy upgrades are completed (based on a study of a competent engineer), the single specific fine will be reduced to:
a) 50% for exceedances up to 250 sq.m. in horizontal or vertical properties with residential use up to 500 sq.m. on horizontal or vertical properties other than residential use.
(b) 30% for larger exceedances
Repayment in 80 installments
The fine will be paid in 80 monthly installments. In case of non-payment of the monthly installment, the outstanding amount will be increased by 1% for each month of delay. For a lump sum payment up to the last business day of the following month of the filing date, a 20% discount on the fine shall be granted. If 30% of the total amount of the fine is paid, the discount will be 10% by the last business day of the following month of the filing date.
Invalid transfers, leases and arbitrary concessions
In the bill remains the provision which had caused a huge backlash when the legal text was first put to consultation.
According to it, the transfer or the creation of a right in immovable property in which an arbitrary construction has been carried out or an arbitrary change of use has been established is absolutely prohibited and invalid. The prohibition also includes the levy of property on a company.
It is also not permitted to lease and dispose of immovable property with an arbitrary construction or an arbitrary change of use.
Excludes properties where arbitrary constructions have been performed or uses have been installed:
(a) existing before 30-11-1955, with effect from 9-8-1955 NW or
(b) demolished, in accordance with the provisions of Article 3 (1) of Law 720/1977 (A ‘297); or
c) excluded from demolition, in accordance with the provisions of paragraph 5 of article 16 of Law 1337/1983 (A ’33) or paragraph 8 and paragraph 10 of article 9 of Law 1512/1985 ( A ‘4) or
d) the demolition has been suspended in accordance with the provisions of Articles 15, 16, 20 and 21 of Law 1337/1983 (A ’33), as applicable, but the application has not been rejected by the competent authority on a case-by-case basis. for the exclusion of demolition or
e) excluded from demolition in accordance with the provisions of article 4 of Law 3399/2005 (A ‘255); or
f) that the conservation procedure has been completed in accordance with the provisions of Law 3775/2009 (A ‘122) or Law 3843/2010 (A’ 62) and for the period provided for therein, preservation process under the conditions hereof.
(g) that the procedure for payment of the single specific fine has been terminated or 30% of the single specific fine has been paid as provided in accordance with the provisions hereof and the provisions of Law 4014/2011 (A ‘209) and Law 4178 / 2013 (A ‘174) under the conditions of this Act.
Pave way for stream construction
In the case of watersheds depicted in previously approved plotting plans (dated 880/1979) and which have been arranged with closed-section technical works, construction on the part of the adjacent building blocks is permitted under the conditions of construction of the site.
Provision for the technical works to be under approved and configured public areas of the roadmap and to be constructed on the basis of a study by a competent authority or body.